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Home My WebLink About2014-020577 JULIE RODEWALD AZ San Luis Obispo County—Clerk/Recorder 5/23/2014 Recorded at the request of 2:55 PM Public 0 o c M : 2014020577 Titles: 1 Pages: 6 Recording Requested by and when recorded Fees re urn to: I II I 111111 I I 11111 III otne s T�00 City,of Arroyo Grande PAID 530.00 300 East Branch Street Arroyo Grande, CA 93421 Exempt from recording fees-Govt. Code §6103,✓ DECLARATION OF RESTRICTIVE COVENANT This Declaration of Restrictive Covenant ("Restrictive Covenant") is made this ci day of matt 2014 (the "Effective Date"), by Wayne A. Jensen and Heather B. Jensen, Trustees/of the Wayne and Heather Jensen Family Trust dated February 21, 2002 (collectively referred to herein as "Declarants"). ,RECITALS WHEREAS, Declarants are the sole owners of. certain real property located in the City of Arroyo Grande ("City") commonly known„as 569 May Street, Arroyo Grande, 'CA 93420, APNs 007-254-059; 060; 064_,(the "Property") and more particularly described as 'follows: LOTS 1, 2 AND 7 OF TRACT 3037, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED JULY 3, 2013, IN BOOK 33, PAGE 73 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ; A WHEREAS, Declarants have submitted an application with City to convert the existing attached garage on the Property into habitable space; WHEREAS, City Municipal Code Section 16.56.060 requires 2 parking spaces within an enclosed garage for single family residences located on conventional lots (the "garage requirements"); WHEREAS, in order to satisfy the City's garage requirements, Jensen desires to•utilize an existing structurelocated on*the Property, the location of which is depicted n Exhibit "A" attached hereto anchincorporated herein by this reference (the "Structure");( WHEREAS, by this Restrictive Covenant, Declarants wish to establish certain terms and conditions required by the City of Arroyo Grande in order to comply with the garage requirements. 1 NOW THEREFORE, in consideration of the above recitals and mutual covenants, terms, conditions and restrictions contained herein, Declarants hereby declare the Property be held, transferred, conveyed, leased, occupied, or otherwise disposed of, and used subject to the following restrictive covenants (and incorporating the above recitals herein by this reference), which shall run with the land, and be binding upon Declarants' heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Property, or any portion of it. 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. 2. Use of the Structure. Declarants agree to use the Structure for vehicle parking and shall keep the interior of the Structure reasonable so as to allow vehicular ingress and egress as represented in the attached diagram which is attached hereto as Exhibit "B" and incorporated herein by this reference. Declarants shall, upon the earlier of: (I) ten (10) years from the Effective Date of this Restrictive Covenant; (ii) issuance of a building permit for the Property for any additional remodeling or other construction work where the estimated costs of construction exceed fifteen thousand dollars ($15,000), except maintenance (i.e. re- roofing, plumbing repairs, property damage, etc.); or (iii) a transfer of the Property to a third party. comply with the garage requirements by increasing the width of the garage door on the Structure to a standard size for a 2 car garage or construct an additional garage on the Property in compliance with the City's rules and regulation. 3. Recordation. This Agreement shall be recorded against the title to the Property and may only be released by a subsequent instrument executed by the City of Arroyo Grande. 4. Irrevocable Covenant. This Restrictive Covenant and the provisions hereof are irrevocable. The City of Arroyo Grande shall have the right to enforce each and every provision hereof. 5. Indemnification. Declarants agree to indemnify, defend and hold the City of Arroyo Grande harmless, its officials, officers, agents and employees from and against any and all claims, demands, damages, costs, expenses, judgments, or liability occasioned by Declarants' performance or attempted performance of the terms and conditions hereof, Declarants' use of the Property, the validity and/ or enforceability of this Restrictive Covenant or in any action arising out of this Restrictive Covenant, including, but not limited to, those predicated upon theories of violations of statute, ordinance or regulation, violations of civil rights, inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of Declarants or Declarants' agents. 2 6. Attorney's Fees. If suit, arbitration or other action of any type or nature is brought to enforce any of the terms and conditions of this Restrictive Covenant, be it in law or in equity, the prevailing party shall be entitled to an award of its attorney's fees in addition to all other costs and/ or expenses of collection, suit, arbitration and/ or other action taken. 7. Authority of Parties. All persons executing this Restrictive Covenant on behalf of a party warrant that they have the authority to execute this Restrictive Covenant on behalf of that party. 8. Liberal Construction. If any provision is found to be ambiguous, an interpretation consistent with the purposes of this Restrictive Covenant that would render the provision valid shall be favored over any interpretation that would render it invalid. IN WITNESS WHEREOF, the parties have executed this Restrictive Covenant as of the date first above written. Wayne and Heather Jensen Family Trust dated February 21, 2002 i c . a. ayne • J-ns- Trustee Heather B. Jensen, T,,51 tee 3 State of California County of San Luis Obispo On 6 -6) 2014, before me, 7 tborc.h t-cc (/Jel chsny(r Notary Public, personally appeared Heather B. Jensen and Wayne A. Jensen, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. > • CommlasL k n E• 1975997 Signature �� C �l M `akGGw [Seal] [çjj! Notary Publi •California San Lws Obispo Coamy C 1 4 5000 5000 5000 I 1 1012 I I Lel1 I [xiSTINf.GARAGE i I 1 1 ill I a, EXISTING I 1017-•I21.. I;ESIDENCE I I ' I I 1 I • I I I \ __-• I . _ I I I I I le IV' i I IN WM,:,ri I I 1� ry " m 1 n! Ee15nNG n 1 V I' N I !I PAVEMENT '1• al 23 1 I I I I I I I I I I 1 I I I I I I I tiNOl•0000E _Tr' SCSI - KZ May Street Site Plan EXHIBIT 9 d yy9W`dy‘20 s:0 5 'lords // Chevy Malibu door I door Cadillac XT5 swing swing 6'0 / g..\"NIA. '\ / ��6• . 6' door 1 \ / A door swing O \ / i swing 'S0 \ 121-2" \/ 17-2" / 12 ft wide x 20 Ft parking area / •\ 12 t wide x 20 ft parking area / \ /i\ / / \ / i \. / I i I \ / \• /r I I X .\ dXISTING 10'-0"DOOR / X \ / \ / Chevy Malibu 72.83 x 191.73 PER DEVELOPMENT CODE 16.56.060 Ford Fusion 73.23 x 192.13 PARKING REQUIRED Cadillac XIS 72.83 x 201.97 "2 SPACES PER UNIT WITHIN AN ENCLOSED GARAGE" MBZ SL Class 74.02 x 181.89 PER DEVELOPMENT CODE 16.56.070 Lexus G5 72.05 x 191.73 PARKING STALL SIZE REQUIRED 9 FT X 18 FT MINIMUM PARKING SHOWN . 2 PARKING SPACES WITHIN AN ENCLOSED GARAGE PARKING STALL SIZE SHOWN Existing Jensen Garage 12'-2"X20FT(36'WIDER AND 2 FT LONGER THAN MINIMUM) ACCESS INTO EACH STALL I5 PROVIDED WITHOUT THE Exhibit B MOVEMENT T T OR OPENINGB AR PARKING ANGLE PARKING STALL AS SHOWN.ADDITIONAL SPACE I5 PROVIDED AT VEHICLE DOORS FOR INGRESS AND EGRESS WHEN VEHICLE IS PARKED AT AN ANGLE THAN IN THE STANDARD STALL SIZE. END OF DOCUMENT