HomeMy WebLinkAbout2002-037931
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When recorded return to:
Public Works Department
City of Arroyo Grande
P. O. Box 550
Arroyo Grande, CA 93421
.s
JULIE RODEWALD
San Luis Obispo County-ClerklRecorder
nesorded at the request of
First American Title Company
ooca: 2002037931
Tides: 1 Pages: 5
Fees 19.00
Taxes 0.00
Others 0.00
PAID $19.00
Q I ~`7j ~(_~ SPACEABOVE FOR RECORDER'S USE_
APN:
DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS ESTABLISHING JOINT ROAD MAINTENANCE
AND REPAIR OBLIGATION
This Declaration, made this f ~-~ day of a ZOO 3~by DB&M,
LLC, a California Limited Liability Company, hereinafter called "Declarant":
RECITALS:
A. Declarant is the owner of certain real property in the City of Arroyo Grande,
County of San Luis Obispo, California, described as Parcels 1 through 10, inclusive, of
Lot Line Adjustment Map AGAL 00-173, recorded (~5 -O`j , 200x„ in Book ~,
Page ~ of Maps in the Office of the San Luis Obispo County Recorder.
B. By virhie of the recording of said map there is created an easement for road
and appurtenant drainage and utility purposes over a portion of said property shown
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thereon as "One Way Drive", hereinafter called Sterling Way, for the mutual convenience
and benefit of each of the parcels comprising said property.
C. By this Declaration, Declarant intends and desires to establish terms,
conditions, and equitable restrictions for the joint use, repair and maintenance of Sterling
Way and appurtenant facilities, and to define the respective rights of the owners of said
lots relative to the same, all as more specifically set forth herein.
NOW, THEREFORE, Declarant declares that said Parcels 1 through 10, inclusive
of AGAL 00-173 shall be held, transferred, encumbered, used, sold, conveyed, leased,
and occupied subject to the mutual and respective covenants, restrictions, and rights
hereinafter set forth, expressly and exclusively for the use and benefit of, and to binding
on, each of said lots and on each and every person or entity who now or in the future
owns any portion of said parcels, the same to iun with the land:
GENERAL:
Each of Parcels 1 through 10 shall have full and open ingress and
egress over all of Sterling Way. Each parcel shall be liable for one-tenth (1/10) of the
annual or periodic costs of maintenance and repair of Sterling Way and appurtenant
facilities located in the area shown on said map as "One Way Drive".
PROCEDURES:
The owners of said parcels shall have the power among themselves
by majority vote to establish reasonable procedures for the determination of the necessary
annual or emergency cost of maintenance and repair of said street and appurtenant
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facilities. Once so determined, said allocated costs shall be an obligation of the
respective owners of said parcels.
IMPROVEMENTS:
The maintenance and repair obligation established by this
Declaration shall not be deemed to require any owner to pay any portion of the cost of
improvement of said street over and above the condition of said street as of the date of
recording of this Declaration.
4. RESTRICTIONS:
No owner of any parcel covered by this Declaration, nor any tenant,
guest, or invitee of any owner, shall place or park in the street any vehicle or other
personal property or obstruction, other than for temporary loading or unloading of
property as necessary. No owner, nor any tenant, guest, or invitee of any owner, shall
damage the street surface or any facilities appurtenant thereto, and any person causing
such damage shall be solely liable for the cost of repair thereof.
5. ENFORCEMENT:
Any owner of a parcel within the subject property 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 reasonable attorneys' fees and court costs in said action.
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6. AMENDMENTS:
This Declaration may be modified, amended, or deleted by the
execution either of an Amended Declaration, or of an Amendment to this Declaration,
duly executed and acknowledged by 3/4 of the owners of the parcels 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 AGAL 00-173.
IN WITI~TESS WHEREOF, Declarant has executed this Declaration the day and
year first above written.
DB&M, LLC
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By:
p~,~~Jr; DEBLAUW, Manager
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STAlE OF CALIFORNIA }ss.
COUNTY OF San Guis Obispo
On May 1 , 2002 ,before me, B Hogan Notary Publ ; c
personally appeared Duane P DeBI anca---
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{proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/afe
subscribed to the within instrument and acknowledged to me that he/executed the same
in his/t~rlth®ia+authorized capacitiy(ies), and that by his/her/tgeiFSignature(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 official seal.
Signature= f~_~ /n
8.H06AN
r' COMM. # 1307261
~ Notary PubliaCal'rfomia
Courrty of San Luis Obisppo ~
M Comm. .June 25, 2005
(ttis area Ior oRds1 ooraA~l aeaq
END OF DOCUMENT
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