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Home My WebLink About2000-047637lJ ._- RECORDING REQUESTED BY ~~ e~~TY WHEN RECORDED, RETURN TO: Duector of Public Works 208 E. Branch Street Arroyo Grande, California 93420 v Doc No: 2000-041631 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Aug 23, 2000 Time: 08:00 Rpt No: 00063299 ;RF -2 32.00 i ;TOTAL 32.00 DECLARATION ESTABLISHING DRIVEWAY MAINTENANCE AND REPAIR OBLIGATIONS FOR LOTS 37 THROUGH 41, INCLUSIVE, OF 'TRACT 2265 THIS DECLARATION, made this hr day of August 2000, by Village Glen Homes, LLC, hereinafter referred to as "Declarant": Recitals: A. Declarant is the owner of certain real property located in Arroyo Grande, California, described as follows: Lots 37 through 41, inclusive, of Tract 2265 (hereinafter called "Lots 37 through 41"), in the City of Arroyo Grande, per the map recorded Fj ~ Z 3 , 2000 in Book ~ of Maps at Page ~ in the office of the Recorder of San Luis Obispo, State of California (hereinafter called the "Final Map"). B. There exists a certain non-exclusive 24-foot wide easement recorded as Docmnent Number 2000-037511on July 6, 2000 in the office of the said Recorder of San Luis Obispo County which extends southeasterly from the southeasterly boundary of Tract 2265(hereinafter called the "Offsite Easement"). .. C. By virtue of recording the Final Map, there exists an easement affecting Lots 37-41 of Tract 2265 as shown on the Final Map (hereinafter called the "Onsite Easement"). D. Together, the Onsite Easement and the Offsite Easement (hereinafter collectively called the "Driveway Easement") provide for a private driveway, utilities, water, sewer, and drainage for Lots 37 through 41; and emergency access to Lot 41 of Tract 2265. The Driveway Easement extends generally from the end of the City-maintained public road in Canyon Way, to the building pad for Lot 41 of Tract 2265. E. Also encumbering portions of the Driveway Easement aze easements for public utilities and public water and sewer. F. By this Declaration, the Declarant desires and intends to provide terms and conditions for the use, maintenance, and repair of the Driveway Easement, and the payment of costs therefor. NOW, THEREFORE, DECLARANT declares that Lots 37 through 41, shall be held, transferred, leased, occupied and conveyed subject to the following conditions, restrictions and obligations: 1. The Driveway Easement shall be for the purpose of vehiculaz and pedestrian access, utilities, water, sewer, and drainage to and from Lots 37 through 40, inclusive, of Tract 2265; and emergency access to and from Lot 41 of Tract 2265. The Driveway Easement shall also be used for access by the City, the Public Utilities, and the Homeowner's Association established for Tract 2265, for the maintenance of their respective facilities. 2. Declazant and its successors in interest of Lots 37 through 41 shall maintain the driveway and all utilities within the Driveway Easement in safe condition and good repair. ~.. ... 3. Each of the owners of Lots 37 through 41 shall pay an equal shaze of the annual or periodic costs of maintenance and repair of the driveway within the Driveway Easement. Decisions regazding the need for repair and maintenance, and all matters related to the procurement of such repay and the payment therefor, shall be determined by the prior written approval of a majority of the owners of said lots, each lot being entitled to one vote. 4. Each of the owners of Lots 37 through 41 shall individually pay for the annual or periodic costs of maintenance and repair of any utilities and appurtenant facilities located within the Driveway Easement. 5. No owner of any lot covered by this Declaration, nor any tenant, guest, or invitee of any owner, shall place or pazk in the Driveway Easement any vehicle or other personal property or obstruction, other than for temporary loading or unloading as necessary. If any owner, or any tenant, guest, or invitee of any owner, shall damage the driveway surface or any facilities appurtenant thereto, that owner shall be solely liable for the cost of repair thereof. 6. Each of the owners of Lots 37 through 41 shall be entitled to take legal action against any other owner who shall default in the performance of any of the requirements of this Declaration. In any such action, the prevailing party shall be entitled to an awazd of reasonable attorney's fees, together with such other relief as the court may awazd. This Declarafion maybe modified, amended, or deleted by the execution either of an amended declazation, or of an amendment to this Declaration, duly executed and acknowledged by all of the owners of the lots covered by this Declaration. No amendment shall be effective for any purpose until approved by the City of Arroyo Grande as being consistent with the conditions of approval of Tract Map 2265. .. 8. This Declazation shall be binding upon and shall inure to the benefit of Declarant and Declarant's heirs, grantees, successors and assigns, the same to run with the land. IN WITNESS WHEREOF, the Declarant has executed this Declazation Establishing Driveway Maintenance and Repair Obligations as of the day and yeaz first above written. VII.LAGE GLEN HOMES, LLC Gary L. Y n , or . A. Ro uilders, Inc. as general m b of Villag en Homes, LLC TRUST DEED BENEFICIARIES The undersigned Beneficiary under that certain Deed of Trust dated July 10, 2000 and recorded July 18, 2000 as Instrument No. 2000-039849, of the Official Records of San Luis Obispo County, California, consents to all of the provisions contained in the attached Declazation Establishing Driveway Maintenance and Repair Obligations for Lots 37 through 41, inclusive, of Tract No. 2265 for Village Glen Homes, which was executed by VILLAGE GLEN HOMES, LLC, a California Limited Liability Company, as Declazant, hereinafter referred to as the "Declazation," and agrees that the lien of the above-referenced Deed of Trust shall be junior, subordinate and subject to the Declazation. Mid State B By. S~ /t/r my t/~ dCOYO GO E Micha A. La y, ayo G'Gjtn~e ~ ~d~ I/P ATTEST: Kelly We~rore~irector of Administrative Services/Deputy City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: T' othy J 'arm , Ci Attorney ~.. ... STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss On ~fib7 ~ , 2000, before me, /7ine~.7 ~ ~ ~ , a Notary Public, personally appeazed ~u~u (. ~fr~w~ ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person( whose name(p) is/srde subscribed to the within instrument and acknowledged to me that he/ske/d~ey executed the same in his~af>;hhoir authorized capacity(is~), and that by his/hw/heir signature( on the instrument the person(s~, or the entity upon behalf of which the person(Qj acted, executed the instrument. STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ) ss WITNESS my hand and seal ~ AMY J. CHILDERS Commission # 1205003 NOtW Public-Calitcmio ~~ ~ RlversideCounty p~yCOmm.F~~17,7ID'1 On ~j "~'~~ , 2000, before me, ll~i ~~- ~ ~~ , a Notazy Public, personally appeazed STCvPf`1 ~~/ddc,+ (~ (Gv~hx C- ~¢ gees ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ie/aze subscribed to the within instrument and acknowledged to me that $o/3ke/they executed the same in 1~S/ber/their authorized capacity(ies), and that by I;~efher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my d and seal _ .,~,~,,,,,~,,,~~_~~ A'*' C -'rsS C. mr~ _ '-i-n? i ,~^.~ iy' ~~~`~ P4 C' 7 ' ~.. .~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ~~,hl.~is ~bis~o }ss. County of fff~~~ I J ~ 1 I,,,,, a On g I ~ 7' ~ ,before me, ~ ~/V-~`t't't''D~C A/Ofiti ~J ~UJ~l~, Dale ~ (~ n Na a antl Tdle of OBmar (e.g.,'Jane ,Notary Publ' ") personally appeared I `~~ I C ~~ tt ~ ~A1~1. Name(s) of Signe personally known to me ^ proved to me on the basis of satisfactory evidence IIB.LYYrETUt)IiB Lb11M11Y1bD ~ 112'JODDs ~ ~~ $ 1M Camn. E>tpirea Jan 30.2001 J Place Notary Seal Above 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 hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand and official seal. gnaw of Notary Public OPTIONAL Though the information below is not required bylaw, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number o ages Signer(s) Other Than Named Above: , Capacity(ies) Claimed by Signer Signer's Name: ^ Individual Top o) tnumb Here ^ Corporate Officer -Title(s): ^ Partner-^ Limited ^ Gen ^ Attorney in Fact ^ Trustee ^ Guardian or C ervator ^ Other: Si Is Representing: ® 199] National Notary Association • 9350 De Soto Ave., P O. Boz 2402 • Chatsworth, CA 91313-2402 Prod. No. 590] ReoMer: Call Toll-Free 1A00-8]Ffi82] GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY ~/Y1 ~ J. e1~'/L'J~~S FIDELITY NATIONAL TITLE NAME OF COUNTY INSURANCFy~ ,t DATE COMMISSION EXPIRES DEG, !7. 7001 BY: ~~f~ COMMISSION # Ie>A~ 003 r- ARROYO GRANDE, CA DATE : 8- ~,. - lippo END OF DOCUMENT