HomeMy WebLinkAbout2016-025913 J
2016025913
r Tommy Gong
BEe0RDING REQUESTED BY - _ ; San Luis Obispo - County Clerk-Recorder
06/06/2016 08:00 AM
FIRST-AMERICAN-TITLE COMPANY Recorded at the request of
FIRST AMERICAN TITLE COMPANY
WHEN RECORDED•RETURN TO: Titles: 1 Pages: 4
City of Arroyo Grande Fees: $23.00
Taxes: $0.00
300 E. Branch Street Total: $23.00
Arroyo Grande, CA 93420
Attn: City Clerk � ��f'III , 4�•��,�rl � ,i 'I II
COVENANT AND AGREEMENT
RESTRICTING RESIDENTIAL USE OF PROPERTY
(Page 1)
THIS COVENANT AND AGREEMENT is made and executed on this day of
A\-,)6
, 20 I 1p by I 0261 � 'rct IhVeete r3� 1_l�, , hereinafter
col ectively referred to as "Owner". The City of Arroyo Grande,political subdivision of the
State of California,hereinafter referred to as"City", is hereby made a party to this agreement
for the purposes set forth below.
WHEREAS, OWNER"HEREBY CERTIFIES that he/she/they is/are the record owner(s) of
certain real property commonly known as 1029 Ash Street(hereinafter referred to as
"Owner's Property") located in the City of Arroyo Grande, County of San Luis Obispo, State
of California,more particularly described as follows: *4.4
LOT 8 OF TRACT MAP 3054 AS FILED IN BOOK,PAGE* OF TRACT MAPS IN
THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN LUIS OBISPO,
STATE OF CALIFORNIA.
WHEREAS,the Planning Commission of the City of Arroyo Grande approved Resolution
No. 15-2224,which adopted a Mitigated Negative Declaration and approved Tentative Tract
Map 13-003 (Tract 3054) and Planned Unit Development 14-004 for the property located at
1029 Ash Street,Arroyo Grande, California; and
WHEREAS, a condition of approval of the Tentative Tract Map 13-003 and Planned Unit
Development 14-004 is that a permanent deed restriction be recorded so that no further
subdivision of Lot 8 may-occur.
COVENANT AND AGREEMENT
RESTRICTING RESIDENTIAL USE OF PROPERTY
(Page 2)
NOW THEREFORE, in consideration of the City of Arroyo Grande, approving the above
described land use entitlements pursuant to the City of Arroyo Grande Code,the undersigned
Owner does hereby covenant and agree to restrict the use of Owner's Property as follows:
4-6
1. Owner agrees to restrict Lot 8 of Tract 3054 as filed in Book 36 Page 4f of Tract
Maps in"the-Office of the County Recorder, County of San Luis Obispo, State of
California from further land subdivision.
This covenant and agreement shall run with the land and shall be binding upon the Owner,
any future owners,their successors,heirs or assigns and shall continue in effect until this
covenant and agreement is cancelled by the authority of the City of Arroyo Grande.
Cancellation shall be effective only upon recordation in the office of the San Luis Obispo
County Recorder of a Notice of Cancellation of this covenant and agreement duly approved
and signed by an authorized representative of the City of Arroyo Grande. The Owner agrees
to notify all prospective purchasers or transferees of Owner's Property of the restrictions
contained herein and to include such restrictions as deed restrictions running with the land in
any future deed conveying Owner's Property. This agreement shall be entitled to the remedy
of injunctive relief in addition to any other remedy in law or equity.
This covenant and agreement and the provisions hereof are irrevocable and non-modifiable
except by the written consent of all parties to this agreement, including the City of Arroyo
Grande. The City of Arroyo Grande shall have the right to enforce each and every provision
hereof and the parties agree that this agreement shall not be rescinded, revoked, modified or
otherwise amended or changed,without the express written consent of the City of Arroyo
Grande.
The Owner, and his successors in interest, agree to defend, indemnify and save harmless the
City of Arroyo Grande, its elected officials, officers, agents and employees from any and all
claims, demands, damages, costs, expenses, or liability occasioned by the performance or
attempted performance of the provisions hereof, or in any way arising out of this agreement,
including, but not limited to, inverse condemnation, equitable relief, or any wrongful act or
any negligent act or omission to act on the part of the Owner or of agents, employees or
independent contractors directly responsible to the Owner;providing further that the
foregoing obligations to defend, indemnity and safe harmless shall apply to any wrongful
acts, or any actively or passively negligent acts or omissions to act, committed jointly or
concurrently by the Owner,the Owner's agents, employees, or independent contractor and
the City, its agents, employees or independent contractors. Nothing contained in the
foregoing indemnity provisions shall be construed to require the Owner to indemnify the City
against any responsibility or liability as may be caused by the sole negligence or willful
misconduct of City or its officers, agents, employees or independent contractors.
COVENANT AND AGREEMENT
RESTRICTING RESIDENTIAL USE OF PROPERTY
(Page 3)
In the event the Owner, his heirs, assigns or, successors in interest, shall fail to perform any
obligation hereunder, they hereby agree to pay all costs and expenses incurred by City in
securing performance of such obligation, including reasonable attorney's fees.
Invalidation of any one of the restrictions contained herein by judgment or court order shall _ . _
in no way affect any of the other-pro-visions which shall remain in full force and effect.
• ,
This Covenant to Restrict shall be construed and enforced in accordance with the laws of
California. Any dispute arising out of this Covenant to Restrict shall be determined by the
Superior Court of the County of San Luis Obispo.
The undersigned Owner requests that this covenant and agreement be recorded in the office
of the San Luis Obispo County Recorder.
IN WITNESS WHEREOF, the Owner has executed this agreement as of the day and year
first above written.
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SIGNA ' PRE SIGNATU
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PRINT AME tic p per' PRINT NAME PAG-vA�
SIGNATURE SIGNATURE
PRINT NAME PRINT NAME
CALIFORNIA NOTARY ACKNOWLEDGEMENT
(Page 4)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
— - --STATE=OF-[ 1/4-6. !L ) SS_ ---- _ -- - - -,—
COUNTY OF fan 1.11)4 ahlti�
i
On A /01 " , pi , . before me,
/ e% arneq, N4�ar� , iG ,personally appeared
e 5 0P)1/ 4441 Kir C7 icL�nt.. who proved to me on the basis of
satisfa&ory evid�ce to be the�rson(s)whose name(s)isfare subscribed to the within
instrument and acknowledged to me that he /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 upon 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 seal. r.�.�...�.,
t MICHELE HARNEY
, �; Commission .198]352
`W,
a Notary Public-California z
(seal) Z `! San Luis Obispo County
Sign tore M Comm.E ires Jui 6,2016
END OF DOCUMENT