HomeMy WebLinkAbout1998-024376_ • , -.� .
RECORDING REQUESTED BY: FD
City of Arroyo Grande
AND WHEN RECORDED MAIL TO:
Ciry Clerk
City of Arroyo Grande
214 East Branch
Arroyo Grande, CA 93420
Doc No: 1998-024376
Official Records
San Luis Obispo Co
Julie L. Rodewald
Recorder
Apr 29, 1998
Time: 08:00
[ 15]
Rpt No
;NF -1
�
�
�
�
�
�
i
�
�
,
;TOTAL
0.00
00031542
IRREVOCABLE OFFER TO DEDICATE PARK AND DRAINAGE EASEMENTS
LOT 45, TRACT 2217
CITY OF ARROYO GRANDE, CALIFORNIA
AND
DECLARATION OF RESTRICTIONS AND RESERVATIONS
THIS IRREVOCABLE OFFER TO DEDICATE PARK AND DRAINAGE
EASEMENTS, Lot 45, Tract 2217, is made and entered into this (o day of ��RIL ,
1998, by and between COKER ELLSWORTH, INC., and VICK PACE CONSTRUCTION CO.,
INC., hereinafcer collectively referred to as "Owner," and the CITY OF ARROYO GRANDE,
a municipal corporation, hereinafter referred to as "Ciry."
WITNESSETH:
WHEREAS, Owner is the record owner of certain real property (hereinafter referred to
as the "Owner's Property") located in the City of Arroyo Grande, County of San Luis Obispo,
State of California, which is more particularly described as Lots 1 through 45, inclusive, of that
• •�
Subdivision Map entitled "Final Tract No. 2217, City of Arroyo Grande," recorded the �q�
1
day of QQQ�(, , 1998, in Book � of Maps at Page �_, in the records
of the Recorder of Counry of San Luis Obispo (hereinafter "Tract 2217"); and
WHEREAS, as a condition precedent to the approval of a final subdivision map for Tract
2217 by City, Owner is required to dedicate drainage easements and to pay the current Park's
development fee and/or dedicate land in lieu of such fee in accordance with City Ordinance 313
C.S.; and
WHEREAS, Owner intends that the restrictions contained in this Inevocable Offer to
Dedicate shall apply to that portion of Owner's Property (hereinafter referred to as the "Subject
Property"), which is more particularly described as Lot 45, of Tract 2217, in order to satisfy
the conditions of project approval; and
WHEREAS, execution of this Inevocable Offer to Dedicate by Owner, and the
subsequent performance of its obligations by Owner and its successors in interest, will satisfy
the requirement for the provision of drainage easements made a condition of approval of
Tentative Tract 2217; and
WHEREAS, Owner has committed prior to the close of fust escrow for Tract 2217, to
transfer the fee title to the Subject Properry to Village Homes Homeowners Association, Inc.,
a Califomia nonprofit mutual benefit corporation (hereinafter "Association"), subject to this
Irrevocable Offer to Dedicate and the Association is required to thereafter maintain the Subject
Property pursuant to the terms of this Irrevocable Offer to Dedicate, and
WHEREAS, Owner has supplied City with a current tiUe company preluninary title
report or preluninary subdivision guarantee listing all trust deed beneficiaries and mortgagees,
if any, under prior recorded deeds of trust and mortgages on the Subject Property.
2
NOW, THEREFORE, in consideration of the premises and in compliance with City
Municipal Code Section 9-14.060, and in further consideration of the mutual promises,
covenants, restrictions, reservations, and conditions herein contained and the substantial public
benefits to be derived therefrom, the parties hereto agree as follows:
1. Grant of Park and Recreation Easement. Owner hereby grants to City, for the
term specified in paragraph 9 below, an easement for park and recreational purposes in and to
the Subject Property described above. The park and recreational easement granted herein
conveys to Ciry an estate and interest in real properry, which is subject to the express conditions,
restrictions, and reservations imposed herein upon the use of the Subject Property by Owner.
To that end, and for the purpose of accomplishing the intent of the parties hereto, Owner
covenants on behalf of iuelf, its successors and assigns, with the City, its successors and
assigns, to do and refrain from doing, severally and collectively, upon the Subject Property, the
various acts hereinafter mentioned.
2. Grant of Drainage Easement. Owner hereby grants to City, for the term specified
in paragraph 9 below, a drainage easement on, over, and across the Subject Property described
above. The drainage easement granted herein conveys to City an estate and interest in real
property, which is subject to the express conditions, restrictions, and reservations imposed herein
upon the use of the Subject Property_by Owner. To that end, and for the purpose of
accomplishing the intent of the parties hereto, Owner covenants on behalf of itself, its successors
and assigns, with the City, its successors and assigns, to do and refrain from doing, severally
and collectively, upon the Subject Property, the various acts hereinafter mentioned.
3
3. Maintenance of the Subiect Proper[v. Owner hereby agrees on behalf of itself,
and its successors and assigns, including the Association, to which the Owner has agreed to
convey fee tiUe to the Subject Property, to be solely responsible for the maintenance of the
Subject Property during the term of this Irrevocable Offer to Dedicate.
4. Owner Improvements. At its sole cost and expense, Owner shall improve the
Subject Property in accordance with the approved final subdivision map unprovement plans,
including:
(a) Full street improvements and utility connections, including but not lunited to,
curbs, gutters, street painting, street trees, and sidewalks to the Subject Property;
(b) Fencing along the property line to that portion of Tract 2217 contiguous to
the Subject Property;
(c) Drainage unprovements on, over, and across the Subject Property, as shown
on the approved final subdivision map itnprovement plans; and
(d) Other unprovements essential for the use of the Subject Property for
recreational purposes pursuant to the approved final subdivision map unprovement plans.
5. Restrictions on Use of the Subiect Propertv. The restrictions unposed upon the
use of the Subject Property by Owner and its successors in interest and the acts which Owner
and its successors in interest shall refrain from doing, and permit to be done, upon the Subject
Property are as follows:
(a) No buildings, structures, grading, filling, or other improvements shall be
placed, constructed, or erected upon the Subject Property except as may be required for City
�
approved infrastructure, recreational facilities and except as otherwise authorized by the
approved final subdivision map itnprovement plans.
(b) No advertising of any kind or nature shall be located on or within the Subject
Property, except for advertising related to the initial sale of the lots created by Tract 2217.
(c) Except as determined necessary by City for the construction, alteration,
relocation, and maintenance of tract unprovements, including drainage facilities, as shown on
the approved final subdivision map improvement plans or for City approved infrastructure,
including recreational facilities, the general topography and landscaping of the Subject Properry
shall be maintained in a condition consistent with said approved final subdivision map
improvement plans, and no other grading, excavation, or topographic changes shall be made.
(d) Except as owerwise specified herein, no use of the Subject Properry which
will or does materially alter the landscape or other features of the Subject Property which are
inconsistent with the approved final subdivision map improvement plans, shall be done or
suffered.
(e) Owner shall not extract natural resources from the Subject Property if surface
entry is required.
(� Owner shall not use the Subject Property or any portion thereof as a parking
lot, storage area, or dump site or otherwise deposit or allow to be deposited on the Subject
Property or any portion thereof, temporazily or otherwise, anything whatsoever which is not part
of the approved final subdivision map unprovement plans.
E
(g) Owner shall not cover or cause the Subject Property to be covered in whole
or in part with any materials which are not consistent with the approved final subdivision map
improvement plans.
(h) No further land division of the Subject Property shall occur or be applied for
by Owner or its successors in interest, nor shall Owner or its successors in interest otherwise
convey (other than under threat of condemnation) a portion of the Subject Property less than the
whole to one or more parties or convey the Subject Property to two or more parties each of
whom acquire title to less than the whole of the Subject Property. Any such conveyance or
transfer of the Subject Property or a portion thereof by Owner or its subcessors in interest shall
be considered null and void.
6. Reservations of Use bv Owner. Notwithstanding the provisions of section 5 above,
and excepted from this grant and expressly reserved to Owner:
(a) The right to enter upon the Subject Property for the purposes of constructing
the improvements authorized by the approved final subdivision map unprovement plans, and any
amendments or modifications thereto which may be approved by the City.
(b) The right to use the Subject Property for recreational purposes by Owner, and
its successors in interest, including the Association, and the Owners of Lots 1 through 43,
inclusive, of Tract 2217.
(c) Until such time as City accepts this Isevocable Offer to Dedicate, the right
to enact reasonable rules and regulations concerning the use of the Subject Property for the
purpose, without limitation, of preventing uses which would unreasonably annoy, disturb, or
interfere with lots adjacent to or in the vicinity of the Subject Property.
�
7. Compliance with City Reeulations. Land uses permitted or reserved to Owner
in this Iaevocable Offer to Dedicate are subject to all City ordinances and regulations, including
those regulating land use.
8. Effect on Prior Easements. Nothing contained in this Irrevocable Offer to
Dedicate shall lunit or affect any easements that are of record and that have been heretofore
granted by Owner on, over, under, or across the Subject Property or any portion thereof.
9. Duration of Easement. The grant of easements to City contained in this
Irrevocable Offer to Dedicate shall be effective when it has been approved and accepted by
resolution of the Ciry Council in the manner required by law, and it shall remain in effect in
perpetuity unless abandoned or otherwise terminated by the City Council.
10. Enforceable Restriction. Upon acceptance of the easements granted herein, the
Subject Properry shall be deemed to be "enforceably restricted" within the meaning of Section
422 of the Revenue and Taxation Code and Section 8 of Article XIII of the Constitution of the
State of California.
11. Binding on Successors in Interest. All provisions of this Irrevocable Offer to
Dedicate shall run with the land described herein and shall be binding on the parties hereto and
their heirs, assigns, and successors in interest.
12. Effect of Waiver. City's waiver of the breach of any one term, covenant, or
provision of this Inevocable Offer to Dedicate shall not be a waiver of a subsequent breach of
the same term, covenant, or provision of this Irrevocable Offer to Dedicate or of the breach of
any other term, covenant, or provision of this Inevocable Offer to Dedicate.
7
13. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity,
either to resuain a violation or an attempted violation or by suit to recover damages against any
person or persons violating or attempting to violate any covenant or restriction contained herein.
14. Law Goveming and Venue. This Irrevocable Offer to Dedicate has been executed
and delivered in, and shall be interpreted, construed, and enforced pursuant to and in accordance
with the laws of the State of California. All duties and obligations of the parties created
hereunder are performable in the County of San Luis Obispo, and such Counry shall be the
venue for any action, or proceeding that may be brought, or arise out of, in connection with or
by reason of this Irrevocable Offer to Dedicate.
15. Enforceabilitv. If any term, covenant, condition, or provision of this Irrevocable
Offer to Dedicate is held by a court of competent jurisdiction to be invalid, void, or
unenforceable, the remainder of the provisions hereof shall remain in full force and effect and
shall in no way be affected, impaired or invalidated thereby.
16. Notices. Unless otherwise provided, all notices herein required shall be in
writing, and delivered in person or sent by United States fust class mail, postage prepaid.
Notices required to be given to County shall be addressed as follows: Director of Community
Development, City of Arroyo Grande, 214 E. Branch, Arroyo Grande, California 93420.
Notices required to be given to Owner shall be addressed as follows: Coker Ellsworth, P. O.
Box 1238, Arroyo Grande, California 93421. Provided that any party may change such address
by notice in writing to the other party, and thereafter notices shall be addressed and transmitted
to the new address.
0
17. Subordination. The trust deed beneficiaries and mortgagees, if any, listed on the
�
preliminary title report or preliminary subdivision guarantee referred to the above, and whose
signatures are affixed hereto, do hereby assent to this Iaevocable Offer to Dedicate and, further,
do hereby subordinate their respective interests to the restrictions and obligations imposed
herein.
1 S. Aereement to Be Recorded. Owner and City intend and consent to the recordauon
of trus Irrevocable Offer to Dedicate in the office of the County Recorder of the County of San
Luis Obispo.
IN WITNESS WHEREOF, the parties hereto have executed this Irrevocable Offer to
Dedicate as of the day and year fust above written.
OWNER
COKER ELLSWORTH, INC.,
a California Corporation
BY \_LS,�(,
Coker Ellsworth, President
VICK PACE CONSTRUCTION CO., INC.
a Califomia Corporation
B�� ��
� Dan J. Pac , President
�'.
[Continued signahue page to Iaevocable Offer to Dedicate]
yY11'(�1��.�:�iY[�ZeL7�. ►`I�7�1
�
ATTEST:
i �... ..� i�i
�!�"
APPROVED AS TO FORM AND LEGAL EFFECT:
�
APPROVED AS TO CONTENT:
��� Community Development Director
, �
.
� ��, / I,_�
Dated: � — a. � — '('� V
[NOTE: This Irrevocable Offer to Dedicate will be recorded. All signature to this agreement
must be acknowledged by a notary.]
10
LYON & CARMEL
TRUST DEED BENEFICIARIES
and/or MORTGAGES
1:1�►1 K�] �.Y_h Y ll���%\:7 /\
i: �_�,0, ����
' � 7
By_
its
11
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On ��r�l (O'�'"` , 1998, before me, �Y�� �1�D�, personally
appeazed Co er Ellsworth, President for Coker Ellsworth, Inc, personally lrnown to me (or
proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person or the entiry upon behalf of
which the person acted executed the instrument.
S my hand an e icial sea
Signature .
' � `' � Bonnie Espinoza
`��`�-'-���� Comm. #1124714 ^ �
U�� 9' OTAqY PUBLIC � CAIIFORNIAU'
� SAN WI9 OBISPO COUNTV O
`� �' ��� Ccan. Ezp. Feb. 5, 2001 �
:c�`.—.
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN LUIS OBISPO )
On �(�1. �� , 1998, before me, �Q �1�� , personally
appeare Dan J. Pace, President for Vick Pace Construction Co., Inc., personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument, the person or the entiry upon
behalf of which the person acted executed the instrument.
WITNESS my hand
Signature �
t
� � `; Bonnie Espinoza �
Comm.#1124714
�"�° ' NOTARVPUBLIC.CALIFpRNIA�
SAN LUiu OBISPO COUNTY n
��o Comm. Ezp. Feb. 5, 2001 �
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On April 21, 1998 beforeme, Nancy A. Davis, City Clerk
Date Name antl Title ot Oificer (e.g., "Jane Dce, No�ary Pu�lic')
personally appeared A. K. "Pete" Dougall, Mayor
� Name(s) o( Signer(s)
�'personally known to me – OR –❑ proved to me on the basis of satisfactory evidence to be the person(%j
whose name(�'j is/are-subscribed to the within instrument
and acknowledged to me that he/spekHeq-executed the
same in his/berfthen authorized capacity(ie's�, and that by
his/Mec/tqei� signature{,aj on the instrument the person(�,
w1NCVtioAV1s or the entity upon behalf of which the person(qjacted,
– �� executed the instrument.
�tt/I Ob�Pc CatiY
MyCqnnFipM�pr7.7Cm WITNESS my hand and official seal.
` �, C'c • �
Signature oi Notary Public
OPT/ONAL
Though the inlormation below is not required by law, it may prove valuable to persons relying on the document and could prevent
� fraudulent removal and reattachment of this lorm to another document.
Description of A�ched Document
Title or Type of
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
Number of Pages:
❑ Guardian or Conservator . '-
❑ Other. roP or mumb ne�e
Signer Is Representing:
Signer's Name:
Individual
Officer
❑ Pa er — ❑ Limited ❑ General
❑ Attorn -in-Fact
❑ Trustee �
❑ Guardian o onservator
❑ Other:
Signer Is Representing:
� 1995 Na�ional Notary Association • 8236 Remmet Ave., PO. Box ]184 • Canoga Park, CA 91309-]184 Protl. No. 5901 Reortlec Call Toll-Free i-BOPB]8-682]
?A�A4 ! •.tlxt.N
t P'T 4 . '* n'Y2�'w7f0.'} 'ti:, _
3 oF^x,�:;��qY� �,'� �
Y'� c�v�. ���alro6
UbS S rcy� t�:,g3.�trto.7 �M{
�CAUFORPIIA ALL-PURPOSE ACKNOWLEDGMENT
��������������������������������������������������������������������
State of California )
County of Santa Barbaza )
on �- �-��
personallY eAPeared --
�) personally known to me - OR -
DONNA M. VOGT
Comm. //1132547
« Notary Public
California w
SANTA BARBARA COUNTY
M' Cam. E�1r�s Apr. 74. ZOp1
Vogt, Notary Public,
O proved to me on the basis of
satisfactory evidence to be the person(sY
whose nam� aresubscribed to the within
insuument and acknowledged to me that
sk�eftheq executed the same in
' her�their- authorized capacity(�esj�, and
thaz by �MeNtheir signazure(sj' on the
instrument the personEsj; or the entity on
p behalf of which the person�acted, executed
the instrument.
WITNESS my hand and officfal seal.
— OPTIONAL SECTION —
CAPACffY CWMED BY SIGNER
Thouph the statue does not requice the
Notary W fill in the dafa bebw, doinp so
may prove invaluable to persons relyinp
on the document.
� J ir�ivwun�
( � ` coaPOwrr� oF icer�s � � ��
Jpix,tdl� �.�.'.P� 1/1�/�1Q2�"
TITLE(S)
( ) PARTNER(S) ( ) LIMITED
(, ) GENERAL
( ) ATTORNEY-INfACT
( ) TRUSTEE
( ) OTHER:
( ) GUARDIAW CONSERVATOR
`-��- � / l�(/� SIGNER IS REPRESENTING:
NAME OF PERSON S) OR ENTITYQES) -
SIGNATURE OF NOTARY
OPTIONAL SECTION
THIS CEFiTIFICATE MUST BE ATTACHED TO THE TITLE ORTYPE OF DOCUMENT ' D� `�d ,[y,Q,��B/
DOCUMENT DESCRIBED AT RIGHT: 1 �'�'� 'I / Cl
NUMBER OF PAGES �/7 -. ��� ATE'OF D CUMENT `1� — (c '— ��'s
Thouph the dafe requested here is not required by law, �+ o �
it could prevent fraudulent reattachment of this (orm. SIGNER(S) OTHERTHAN NAMED ABOVE�� f� e t ��I SIUO�C��
..........., � ......................................... .................. ... .�.,...................,,.,..,..,..,...... «,..,.,,�.,.,,., ,�...,..............,,..,.,.., ..,.............................. ,.� ...
REV 3/93
.� �
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof San Luis Obispo
On April 21 , 7 998 before me, Nancy A. Davis, City Clerk
Date Name antl Title oi OXicer (e.g., "Jane Doe, Notary Pu�lic"j
personally appeared Helen M. Elder, Acting Community Development Director
Cv7personally known to me - OR -❑ proved to me on the basis of satisfactory evidence to be the person(,s}
whose name(�s'` is/are-subscribed to the within instrument
and acknowledged to me that qe/she/thay-executed the
same in his/hedtkaeir authorized capacity(ies), and that by
NANCY A. DAVIS lais/hedtMeir signature(� on the instrument the person(�),
� e ioxs�5v or the entity upon behalf of which the person(s') acted,
� ��'�" executed the instrument.
Sm Lub O�+i;rv � � �
6�yCqnn. ��: -�
WITNESS my hand and official seal.
/ ( (iC. • /l�`�-�
SignaWre ot Notary Public
OPTIONAL
Though the inlormation below is not required by law, it may prove valuable to persons re/ying on the document and could prevent
lraudulent removal and reattachment ol 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(s)
Signer's Name:
G Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
� ❑ Attorney-in-Fact
-� - ❑ Trustee
- ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
�fiIGHT THUMBPRINT
OF SIGNER
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — C Limited ❑ General
❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
� 1995 National Notary Association • 8236 Remmet Ave., P.O. Box ]189 • Canoga Perk, CA 91309-]184 Prod. Na 590]
I RIGHT THUMBPRMT
OF SIGNER
Reorder: CallT011-Free 1-800-816-682]
END OF DOCUMEPIT