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Home My WebLink About1996-044011i � �+ Recorcl,�cJ I�ec�,ues�ed �. �.Uesta T� -F-le Cv . and When Recorded Return to: City of Arroyo Grande P. O. Box 550 Arroyo Grande, CA 93421 � < FZ.R-- Doc No: 1996-044011 Official Records San Luis Obispo Co Julie L. Rodewald Recorder Sep 04, 1996 Time: 08:00 [ 4] Rec No ;RF � � � � � i ;TOTAL DECLARATION OF COVENANTS AND RESTRICTIONS AFFECTING REAL PROPERTY INTEREST 00015322 1s.00 16.00 THIS DECLARATION, made this � day of �l/� , 1996, by RICHARD DEBLAUW CONSTRUCTION COMPANY, INC., hereinafter called "Declarant" : A. Declarant is the owner of certain real property (the "property") in the City of Arroyo Grande, County of San Luis Obispq described as Lots 1 through 4 inclusive (the "lots") of Parcel Map AG 95-074 filed for record on � 5evtember4 , 1996, in Book �, Page �4 , of A4aps ir. the office of the San Luis Obispa County Recorder (Pazcel Map Case No 95-529). B. By virtue of the recording of said Parcel Map there exist easements for driveway, water drainage and utility purposes over portions of the lots comprising the property (the "easements") for the convenience and bene6t of the lots comprising said property. Said easements as so designated are hereafter electively referred to as "the easements. " C. As a condition of approval of said Pazcel Map, Declazant is required to record 1 .... deed restrictions imposing an obligation upon Declarant and all subsequent owners of the property to: 1) Inform residents of the water conservation requirements placed on this project; 2) Provide fencing standards for the subdivision approved by the Community Development Director prior to recordation of the parcel map; 3) Require residents to maintain the drainage basins on each lot; 4) Limit structures on pazcels 1 and 2 to single story construction. D. By this Declaration, Declarant intends and desires to establish terms, conditions, and equitable resuictions to comply with the above requirements and to define certain other rights and duties of the owners of said parcels, all as more specifically set forth herein. NOW THEREFORE, Declazant declazes that said Lots 1 through 4, inclusive, of Parcel Map 95-074, shall be held, uansferred, encumbered, used, sold, conveyed, leased, and occupied subject to the mutual and respective wvenants, restrictions, and rights hereinafter set forth, expressly and exclusively :or the use and benefit of, and to be binding on, each of said parcels and on each and every person or entity who now or in the future owns any portion of said lots. Said covenants, restrictions, and rights are intended to and shall run with the land. 1. NOTICE TO OWNERS. Persons acquiring any of the lots aze advised of the following development conditions: a) Water Conservation. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shall include, but aze not 2 .` limited to, low flow shower heads, water saving toilets, instant water heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and so forth. All landscaping shall be consistent with water conservation practices including the use of drip irrigation, mulch, gravel, and bark. To the greatest extent possible, lawn areas and azeas requiring spray irrigation shall be minimized. b) Fencine. The developer shall construct a solid fence, six feet (6') high, along the entire western boundazy of the subdivision. Design of the fence shall be subject to review and approval of the Community Development Director. c) Drainage Basins. Each lot shall have its own drainage ponding basin as set forth in the Grading and Development Plan Map AG 95-074, approved by the Public Works Director of the City of Arroyo Grande. Each pond shall be maintained in good condition by the owner of said pazcel. d) Structure Limits. Improvements constructed on Parcel 1 and Pazcel 2 of Pazcel Map AG 95-074 shall be limited to one-story structures. 2. ENFORCEMENT. Any owner of a lot within the subject property shall be entitled to take legal action against any other owner who shall violate this Declazation or default in the performance of any of its requirements. In any such action, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs in said action. 3. AMENDMENTS. This declaration may be modified or amended by the execution of either an Amended Declaration or an Amendment to this Declazation. No modification of this Declaration shall be effective for any purpose until approved in writing by the City of Arroyo Grande as being consistent with the conditions of approval of Parcel Map 95-074. 3 Y 4. PERSONS BOUND. This Declazation shall bind Declarant and its successors and assigns. IN WITNESS WHEREOF, Declazant has executed this Declazation the day and year first above written. RICHARD DE BLAUW CONSTRUCTION CO., INC. A California Corporation B ��— RICHARD DE BLAUW, President STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On � , 1996, before me, ��rdl. �•� I I��'� personally appeared ICHARD DE BLAUW, 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 such person executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. �n�� i�. - �;1� Notary Public in and for said State TAMARA K. MILLER " � > COMM. #1060637 -� � � '" NOTARY PUBLIC � CALIFORNIA � • �"� SAN LUIS OBISPO COUNTY " <,F a a� My Comm. Etpires May 31, 1999 4 END OF DOCl11��NT