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Home My WebLink About2000-0476380 ~.. RECORDING REQUESTED BY ~~~el~*E~ WHEN RECORD ,RETURN TO: Director of Public Works 208 E. Branch Street Arroyo Grande, Califomia 93420 ... -- _ - __ -- Doc No: 2000-041638 Rpt No: 00063300 Official Records ;RF -2 32.00 San Luis Obispo Co. ; Julie L. Rodewald ; Recorder ; Aug 23, 2000 ; Time: 08:00 ; 1] ;TOTAL 32.00 DECLARATION ESTABLISHING DRIVEWAY MAINTENANCE AND REPAIR OBLIGATIONS FOR LOTS 39 AND 40 OF TRACT 2265 THIS DECLARATION, made this LNday of August 2000, by Village Glen Homes, LLC, hereinafter referred to as "Declazant": Recitals: A. Declazant is the owner of certain real property located in Arroyo Grande, California, described as follows: Lots 39 and 40, of Tract 2265 ("Lots 39 and 40"), in the City of Arroyo Grande, per the map recorded Au , 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. By virtue of recording the Final Map, there exists a 20-foot wide easement (hereinafter called the "Driveway Easement") affecting Lot 39 of Tract 2265 as shown on the Final Map. C. The Driveway Easement provides for a private driveway, utilities, water, sewer and drainage for Lots 39 and 40 of Tract 2265. .., ... D. By this Declazation, the Declazant 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 39 and 40 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 vehicular and pedestrian ingress and egress to and from Lot 40 of Tract 2265, and for utilities, water, sewer, and drainage for Lot 40 of Tract 2265. 2. Declazant and its successors in interest of Lots 39 and 40 shall maintain the driveway and all utilities within the Driveway Easement in safe condition and good repair. 3. Each of the owners of Lots 39 and 40 shall pay an equal shaze of the annual or periodic costs of maintenance and repair of the driveway within the Driveway Easement. 4. Each of the owners of Lots 39 and 40 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 Declazation, 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 39 and 40 shall be entitled to take legal action against any other owner who shall default in the performance of any of the requirements of this Declazation. In any such action, the prevailing party shall be entitled to an award of reasonable attorney's fees, together with such other relief as the court may awazd. 7. This Declazation maybe modified, amended, or deleted by the execution either of an amended declazation, or of an amendment to this Declazation, duly executed and acknowledged by all of the owners of the lots covered by this Declazation. 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 Declazant'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 year first above written. VILLAGE GLEN HOMES, LLC Gary L. Y ,for . A. Rober 'lders, Inc. as general m m of Village 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 39 and 40 of Tract No. 2265 for Village Glen Homes, which was executed by VILLAGE GLEN HOMES, LLC, a California Limited Liability Company, as Declarant, hereinafter referred to as the "Declaration," and agrees that the lien of the above-referenced Deed of Trust shall be junior, subordinate and subject to the Declazation. Mid State B CITY OF YO G ~/E////~ Michael fC. Lady, May A G' 4'rrn cc G'. Cc terns, VP Kelly Wetmorl/, Director of Administrative Services/Deputy City Clerk APPROVED AS TO FORM AND LEGAL EFFECT: T' othy J. C el ity Attorney ..i ~ MID-STATE BANK CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT of County of San Luis Obispo On August 21, 2000 before me, Sheryl Blankenship Notary Public, personally appeared Steven Harding and Clarence C. Cabreros Name(s) of Signer(s) .. SHERYL BLANKENSHIP O ;,~~~~' COMM. #1188873 NOTAgY PUBLIC-CALIFORNIA .• ~ SAN 1U13 OOISPO COUNTY O My Comm. Expires July 31, 2002 h personally known to me -OR-® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ re ubscribed to the within instrument and acknowle to me that hefshgf~executed the same in h s heir uthorized capacity(ies), and that by h' ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my band and official seal. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLA1114ED BY SIGNER (PRINCIPAL) Individual Corporate Officer Partner(s) ~ Limited General Attorney-in-Fact Trustee(s) Guardian/Conservator Other: DESCRD'TION OF ATTACHED DOCLiMENT Declaration maintenance or Type of Document 8/17/2000 Signer(s) Other Absent Signer (Principal) is Representing: Name of Person(s) or Entity(s) ... STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ) ss On ~teft~Si ~ , 2000, before me, .~,1. Cwi ~~2~s , a Notary Public, personally appeazed ~ ,personally known to me (or proved to me on the basis of satisfacto evidence) to be the person(g) whose name(8~ is/AYe subscribed to the within instrument and acknowledged to me that he/Sko/tlary executed the same in his/14et/tlseir authorized capacity(ipe), and that by hisAdSt/t~#r signature(~j on the instrument the person(gj, or the entity upon behalf of which the person(a) acted, executed the instrument. WITNESS my hand and seal AMY J. CHILDHiS Commtaion # 12A5003 ~ y z Notory Public - Califamia ~ Riverside County My Comm. Expires Dec 77, 200'1 STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ) ss On , 2000, before me, , a Notary Public, personally appeazed ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/aze 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 upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and seal ~., ..~ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 0/V~ ~-~^-~ S Od~l SPD On ~~ I'i IO6 ,before me, Date 1 /~ personally appeared ~~/P~~rsonally / ^ proved to evidence It8,1.YWET-gpE OssNrlon ~ N~ 6~n~luY~G0lrpo ~bCann4Etelns.hn50.200t r ;n`own to me me on the basis of satisfactory 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 upon behalf of which the person(s) acted, executed the instrument. WITNESS~mgr hha~nd and offici/all seal. ~l l~.t~ I~l ~ `l~/l?OhJL Place Notary Seal Above ~ (afore 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 o/this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner-^ Limited ^ Gen ^ Attorney in Fact ^ Trustee ^ Guardian or C servator ^ Other: Representing: Top of thumb here ®199] National Notary Association • 9350 De Soto Ave., P.O. Boz 2402 • Chatsworth, CA 91313-2402 Protl. No. 590] ReorEac Call Toll-Free 1A00-8]6-682] END OF DOCUMENT