HomeMy WebLinkAbout2016-059371 2016059371
Tommy Gong
San Luis Obispo - County Clerk-Recorder
11/10/2016 08:20 AM
RECORDING REQUESTED BY AND Recorded at the request of:
WHEN RECORDED RETURN TO: PUBLIC
Titles: 1 Pages: 11
Fees: $0.00
Taxes: $0.00
Total: $0.00
City of Arroyo Grande ,III 1111L�,I'VE
Attn: City Clerk '�y
300 East Branch Street
Arroyo Grande, CA 93420
No Recording Fee— Public Entity
AMENDED DECLARATION ESTABLISHING RECIPROCAL EASEMENTS
This Amended Declaration Establishing Reciprocal Easements ("Declaration") is made
as of this 14th day of October, 2016 by NKT Development, LLC ("NKT"), a California limited
liability company, with reference to the following facts:
A. NKT is the owner of certain real property located in the City of Arroyo Grande, County
of San Luis Obispo, State of California, more particularly described in Exhibit "A," attached
hereto and incorporated herein by this reference (the"Property").
B. At its July 17, 2012 meeting, the Planning Commission of the City of Arroyo Grande
("City") conditionally approved Lot Merger 12-001, Variance 12-002 and Conditional Use
Permit 12-004 authorizing the development of a phased mixed-use project consisting of a 9,754
square foot neighborhood market and future residential development of 0.92 acres (the
"Project"). The portions of the Property which were the subject of the Project are identified as
Parcels 1 and 2 on Exhibit A.
C. Condition of Approval No. 13 (the "Condition") for the Project required that certain
easements be created upon, over, across and through a portion of the Property.
D. On July 19, 2013, NKT recorded a Declaration Establishing Reciprocal Easements,
Document No. 2013042226 (the"Declaration"),in satisfaction of the Condition.
E. That following the recording of the Declaration, NKT did apply to the City of Arroyo
Grande to further develop and improve portions of the Property, including the proposed merger
of Parcels 2, 3, 4, and 5, as the same are described in Exhibit A, pursuant to Lot Merger 15-004
(the "New Project").
F. That based upon the merger and development associated with the New Project, certain
reciprocal easements established under the original Declaration, as provided in accordance with
the Condition, need to be relocated and restated for the benefit of the Property, the owners of the
Property and their successors and assigns, and the City of Arroyo Grande.
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NOW THEREFORE, in order to continue to satisfy and comply with the original Condition,
and to accommodate the New Development, NKT hereby declares, covenants and agrees as
follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by
this reference.
2. Amended Declaration. NKT hereby declares that the Property is and shall be held,
conveyed, sold, hypothecated, encumbered, leased, rented, used and occupied subject to the
covenants, conditions, restrictions, reservations, easements, rights and servitudes set forth in this
Amended Declaration, all of which are declared and agreed to be for the purpose of protecting
the value of the Property. The provisions set forth in this Amended Declaration are imposed
upon the owners of the fee title to the Property for the benefit of the Property and the owners
thereof. The declarations set forth herein shall be a burden upon and benefit the Property, the
owners thereof and their respective heirs, successors and assigns (collectively "Owner" or
"Owners") and are intended as and hereby declared to be covenants running with the land, as
well as equitable servitudes of the land. This Amended Declaration shall supersede and replace
the original Declaration, and the easements herein set forth shall be the sole and exclusive
reciprocal easements for the Property.
3. Extinguishment of Prior Reciprocal Easements. The reciprocal easements
established under the original Declaration are hereby extinguished for all intentions and
purposes.
4. Ingress and E ess Easement. Each Owner of a parcel described in Exhibit A and
its tenants, licensees, customers and invitees, shall have a perpetual, non-exclusive reciprocal
easement upon, over, and across the portions of those parcels as more particularly depicted as
"Driveway(s)" on Exhibit `B," attached hereto and incorporated herein by this reference (the
"Access Easement"), for the purpose of ingress and egress by vehicular and pedestrian traffic.
5. Reciprocal Parking Easement. Each Owner of a parcel described in Exhibit A, and its
tenants, licensees, customers and invitees, shall also have a perpetual, non-exclusive reciprocal
easement upon, over, and across the portions of those parcels as more particularly depicted as the
"Existing Parking Area" and "Future Parking Area" on Exhibit B(the "Parking Easement"), for
the purpose of vehicular parking.
6. Drainage Easement. Each Owner of a parcel described in Exhibit A shall have a
perpetual, non-exclusive reciprocal easement for water drainage upon, over, and across the
portions of those parcels as more particularly depicted as the "Drainage Easement" on Exhibit
"C," attached hereto and incorporated herein by this reference (the "Drainage Easement"), for
the purpose of water drainage.
7. Trash Receptacle Easement. Each Owner of a parcel described in Exhibit A shall have
a perpetual non-exclusive reciprocal easement for common use of the "Future Trash Enclosure"
depicted in Exhibit B, together with the right of ingress and egress to such area, and across the
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Parking Easement, for purposes of maintaining trash receptacles, access to, and servicing the
same (the "Trash Enclosure Easement").
8. Free Access. No Owner shall erect or install barricades or other improvements on
its lot which unreasonably interfere with the easements established and granted herein, except as
may be necessary in order to maintain and/or repair the easements.
9. Repair and Maintenance. Except as otherwise herein provided, the Owner of each
parcel described in Exhibit A is obligated to repair and maintain at its sole cost and expense its
own respective parcel, including any portion of the foregoing easement improvements that may
be located on its respective parcel. In the event of any damage or destruction to any parcel's
easement area improvements, the Owner of the parcel in which the affected easement
improvements are located shall be responsible for the restoration and repair of that portion of the
easement improvements with all due diligence possible to a condition at least as good as existed
immediately prior to such damage or destruction. Nothing herein shall be deemed to preclude
such Owner from seeking to recover the costs of such restoration and repair from any party,
person or entity, including another Owner, who caused such damage or destruction.
Notwithstanding the foregoing, each Owner who is authorized to, and utilizes the Trash
Enclosure Easement shall be equally responsible for maintaining the enclosure area in a clean
and sanitary condition.
10. Parking Signage. Following the merger described in Recital Paragraph E: (i) the
Owner of the real property currently described as Parcels 2, 3, 4, and 5 on Exhibit A shall have
the right to install and maintain parking signage at the parking spaces located within the area
identified as "6 Stall Signage" on Exhibit B; and, (ii) the Owner of the real property currently
described as Parcel 1 on Exhibit A shall have the right to install and maintain parking signage on
the parking spaces located within the area identified as "9 Stall Signage"' on Exhibit B. Any
such parking signage shall be subject to the applicable signage ordinances and regulations of the
City of Arroyo Grande. All parking signage shall be installed, constructed, maintained and/or
removed at the sole cost and expense of the installing Owner.Notwithstanding the installation of
any such signage and designation, all such parking spaces shall remain subject to the reciprocal
rights provided under Paragraph 5 of this Declaration.
11. Insurance. Each Owner agrees to maintain, and/or cause to be maintained, at no cost
to the other Owner, commercial general liability insurance insuring its interests hereunder
against claims, causes of actions or for personal injury, bodily injury, death and property damage
occurring on, in or about the parcels, with a "Combined Single Limit" (covering personal injury
liability, bodily injury liability and property damage liability) in commercially reasonable
amounts, and in no event in an amount less than One Million Dollars ($1,000,000.00) for total
claims for-any one occurrence.
12. Attorney's Fees. In the event of any action between or among any of the Owners
for breach of or to enforce any provision or rights under this Declaration, the unsuccessful
Owner in such action shall pay to the successful Owner all costs and expenses including, but not
limited to, reasonable attorney's fees incurred by the successful Owner in connection with such
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action. "Successful Owner" shall include, without limitation, a party who brings an action after
the other's breach or default and such action is dismissed upon the other party's payment of the
sum allegedly due or performance of the covenant allegedly breached or the non-defaulting party
obtains substantially the relief sought by it in the action.
13. Modification. No modification, waiver, amendment, discharge, or change of this
Declaration shall be valid unless the same is in writing, signed by all the Owners and by the
Community Development Director of the City of Arroyo Grande or his or her designee, and
recorded in the official records of San Luis Obispo County, California.
14. Exhibits. All Exhibits referenced in this Declaration and attached hereto are
incorporated by reference into this Declaration.
15. Severability. Invalidation of any one of the provisions of this Declaration by
judgment or court order shall in no way affect any other provision, all of which shall remain in
full force and effect.
16. No Merger of Interests. The rights and interest of NKT under this Declaration as
the current Owner of the Property are separate and distinct as between the parcels. The fact that
all interest in the parcels are, as of the date of this Declaration, vested in NKT will not cause a
merger of those interests or any extinguishment of this Declaration or the rights created by this
Declaration. It is intended that no such merger occur and this Declaration remain in full force
and effect from and after the date hereof.
IN WITNESS WHEREOF, this Declaration shall be deemed made as of the first date set forth
below.
NKT Development, Ljj,,C
—6"Ki✓is"Ti &+domed tV`�1p7� � J in� f'V1p K6,r
By: Dated: Q1�6
icholas J. TompkinsN Trus¢ee
Approved:
Ter a cClish
Community Development Director
City of Arroyo Grande
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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
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN LUIS OBISPO )
On n o U. 8!a of t, (date), before me, L)doorak Lee I ck;.,qer,, Notary Public,
personally appeared Teresa M�C I;sh , who proved o me on the basis of
satisfactory evidence to be the personW whose name*is/ayr subscribed to the within instrument
and acknowledged to me that Wshe/t�q executed the same in /her/tIZir authorized
capacity(), and that by biIher/tlyeir signature(4 on the instrument the personWor the entity upon
behalf of which the personal 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.
DEM MI LEE WEICFM M
ConMab m 0 2113112-
Z Nobry pubNe-Col GM&
Z 'gin We 0b1W County
(Seal) Cantu.E� ira M 25.201!.
Description of Attached Document
Title or Type of Document: An,,grnd,cd -Decj evgbo,1 l✓ j7j".,-7ej 40-1-ierocal Easerm l+.r
Document Date: OV(Pew- I Y, A O l(o
5
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
ACKNOWLEDGMENT
STATE OF CALIFORNIA )
) ss
COUNTY OF SAN LUIS OBISPO )
dovan 0 (On Zdate), before me, MloS Notary Public,
personally appeared who proved to me on the basis of
satisfactory evidence to be the person(,sy w se name s/ subscribed to the within
instrument and acknowledged to me thatie Vlthe, executed the same in is 9f/thO
authorized capacity(Vs), and that b of/the-6 signature( on the instrument the person(s�or
the entity upon behalf of which the person(4 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. Mli H—W A.TOMPKINS
Cpnunission#►2107918
No Ivy public-Camornia
Sen Luis Obispo County
My Coapn: Ire:Ma 5 2019
(Seal) •�•
Descrip ' n of Attached Document
Title or Type of Document:
DocumentDate:
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11/3/16
EXHIBIT"A"
Legal Description
for
The Property
Parcel 1:
That property located in the City of Arroyo Grande, County of San Luis Obispo, State of
California,described in deed to Stephen Clevenger and Mrs. Sarah A.Finney filed for record
August 26, 1891 in Book 13,Page 226 of Deeds and depicted as Lots 2, 3 and 4 on the"Map of
Property of J.S. Harden,Esq."filed in Book `B' of Maps at Page 9,in the office of the County
Recorder and being more particularly described as follows:
Commencing at a point on the northwesterly line of Branch Street in the Town of Arroyo
Grande S 61' W 19 feet from a post marked"W.H.No. 2"and running thence at right angles N
29° W 181 feet 6 inches;thence S 61° W along the southeasterly line of Harden Street 100 feet;
thence S 291 E 181 feet 6 inches to the said northwesterly line of Branch Street; thence N 61° E
100 feet along the northwesterly line of Branch Street to the point of beginning.
TOGETHER WITH Lot 9 according to map of"Swall's Resubdivision of a part of the
Hemphill Tract"filed in Book 1 of Record of Surveys at Page 114,in the office of the said
County Recorder.
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EXCEPT THEREFROM Harden Street according to"Map of Property of J.S.Harden,Esq."
filed in Book`B' of Maps at Page 9,in the office of the County Recorder.
ALSO EXCEPT THEREFROM that 19.00 foot strip of land lying southeasterly of the
northeast prolongation of the southeast line of Harden Street according to"Map of Property of
J.S. Harden,Esq."filed in Book`B' of Maps at Page 9, in the office of the said County
Recorder.
Said property being Parcel 1 of Merger 12-001 in said City of Arroyo Grande per document
entitled "Notice of Merger and Certificate of Compliance" recorded March 11,2014 and filed
as Document No. 2014009400 of Official Records in the office of the said County Recorder.
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Parcel 2: I
Located in the City of Arroyo Grande, County of San Luis Obispo, State of California,being
more particularly described as follows:
Beginning at a point in the northeasterly line of that property described in deed to Wm
Hemphill,filed for record May 15, 1876 in Book H,Page 425 of Deeds,at the most northerly
corner of Lot 5 according to Map of Property of J.S. Harden, Esq. filed for record November
-27, 1901 in Book B, Page 9 of Maps,said point being distant North 29°00'00"West 156.00
feet from the most easterly corner of said Lot 5 as shown on said map; thence along said
Page 1 of 3
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11/3/16 CF
EXMIT"A"
Legal Description
for
The Property
(continued)
northeasterly line South 29°00'00"East 89.00 feet to the True Point of Beginning; thence
North 61°00'00"East 75.00 feet to a point in the southwesterly line of Block 39 according to
map of Beckett's Crown Hill Addition filed for record June 19, 1905 in Book A,Page 57 of
Maps; thence along said southwesterly line of Block 39, South 29°00'00"East 61.00 feet to
the northwest corner of Lot 9 of said Block 39;thence along the northwesterly line of said Lot
9,North 61°00'00"East 80.46 feet to the southwesterly line of Tally Ho Street according to
said map of Beckett's Crown Hill Addition, said Talley Ho Street having been vacated October
1, 1947 per City of Arroyo Grande Resolution No. 167 filed for record November 20, 1953 in
Book 734 of Official Records at Page 255; thence at right angles to the centerline of said Tally
Ho Street North 61'00'00"East, 30.00 feet to said centerline; thence along said centerline
South 29'00'00"East 237.50 feet to the northwesterly line of Branch Street according to said
map; thence along said northwesterly line South 61°00'00"West 30.00 feet to the most
easterly corner of Lot 3 of said Block 39;thence along the southeasterly line of said Lot 3 and
Lot 2 and Lot 1 of said Block 39, South 61°00'00"West 80.46 feet to the most southerly comer
of said Lot 1; thence continuing along the northwesterly line of Branch Street, South
61°00'00"West 75.00 feet to a post marked"W.H.No. 2"at the most easterly corner of said
property described in deed to Wm Hemphill; thence along said northeasterly line of said
property North 29°00'00"West 298.50 feet to the True Point of Beginning. }
x
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TOGETHER WITH that 19.00 foot strip of land lying southeasterly of the northeast
prolongation of the southeast line of Harden Street according to"Map of Property of J.S.
Harden,Esq."filed in Book`B' of Maps at Page 9, in the office of the said County Recorder.
Said property being Parcel 2 of Merger 12-001 in said City of Arroyo Grande per document
s
entitled "Notice of Merger and Certificate of Compliance"recorded March 11,2014 and filed
as Document No. 2014009400 of Official Records in the office of the said County Recorder.
Parcel 3:
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Lots 10, 11, 12, 13, 14 and 15 in Block 39 of Beckett's Crown Hill Addition to the Town of
Arroyo.Grande, in the City of Arroyo Grande, County of San Luis Obispo, State of California,
according to map recorded June 19, 1905 in Book A,Page 57 of Maps,in the office of the
County Recorder of said County.
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EXHIBIT "A"
Legal Description
for
The Property
(continued)
Parcel 4:
Beginning at the most northerly corner of Lot 15 in Block 39 of Beckett's Crown Addition to
the Town of Arroyo Grande,in the City of Arroyo Grande, County of San Luis Obispo, State of
California, according to map recorded June 19, 1905 in Book A,Page 57 of Maps, in the office
of the County Recorder of said County; thence from said point of beginning and along the
northeasterly line of said Block 39, South 29° East, 150 feet to the most easterly corner of Lot
10 of said Block 39; thence North 61°East, 30 feet to a point in the center of Tally Ho Street;
thence North 29°West and along the center of Tally Ho Street,a distance of 150 feet to a point
on the southeasterly line of Le Point Street, 30 feet to the point of beginning.
Parcel 5:
Lots 20,21, 22, 23,24,25 and the easterly 30 feet of the northerly 150 feet of Tally Ho Street
in Block 38 of Beckett's Crown Hill Addition to the Town of Arroyo Grande,in the City of
Arroyo Grande, County of San Luis Obispo, State of California,according to map recorded
June 19, 1905 in Book A,Page 57 of Maps, in the office of the County Recorder of said
County.
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EXHIBIT 19
INGRESS AND EGRESS, RECIPROCAL PARKING, AND TRASH RECEPTACLE EASEMENTS
N --- y
60 30 0 60 '
r.. PARCEL 2
GRAPHIC SCALE: 1 =60' i
MERGER �
12-001
HARDEN STREET
' EASEMENT LINE Q
ALONG BACK OF
FU R S F RE
ENC Os URS i i lt0 URE... ;0 . <:
W
EMENT
ECIPROCAL PARKING. D
s i L EAT FACE H RECEPTACLE p
x 0U EASEMENT LINE AT
i OF 'FUTURE CURB
fEAj
K.
W =9 EMFW.T LINE AT
'Wc m M DRIVE AISLE _
n DRIVE I I # DRIVE
WAY- I WAY
LINE AT R/W BRANCH STREET
NOTE: 15 PARKING STALLS ARE INCLUDED EXISTING Q A N 0 s
WITHIN THE EASEMENT BOUNDARY PARKING AREA
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ENGINEERING COMPANY l�
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EXHIBI T "C"
DRAINAGE EASEMENT
POINT
jf 1
�s
60 30 0 60 i
GRAPHIC SCALE: 1 "=60' PARCEL
MERGER fir '
12-001
_�j_
HARDEN STREET
JJ
o
FUTURE TRASHA
FUTURE ' v
ENCLOSURE D I E BASIN
E DRAINAGE
EASEMENT PORTION OF
BUILDING ELEVATED
ON POSTS a
op
(YP.) Q
FUfURE STORM
w I' DRAIN (TYP.)
s
BRANCH STREET -
�a SAND SG
\SZ I E.
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N0. 8356
ENGINEERING COMPANY F C N\.
END OF DOCUME