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Home My WebLink About1988-085936y - v-i � � RDCORDING RDQUFSTED BY � � IGd �' �' ' � 0 AND WHEN RECORDED REZ"URtu �: 0 CITY CLII2K CITY OF ARROYO GRANDE P.O. BOX 550 ARROYO GRIINDE, CA 93420 AGREEMENT GRANTING AND EST DO�. �Q 8�9�G OFFICIAL RECOR�g SAN LUIS OBISPO CO., CA DEC_1 8 1989 ' FRANCIS M. COONEY County Clerk-Recorder TIME 8:00 AM ISHING COMMON RECIPROCAL EASEMENT THIS AGREEMENT, entered into this 1st day of December, 1989, by and between LEE R. LOVETT, as Trustee of THE LEE AND EUDORA LOVETT LIVING TRUST OF SEPTEMBER 6, 1979, CLIFFORD H. CLARK and MARY LEE CLARK (hereinafter "LOVETT/CLARK"), and VILLAGE CREEK PLAZA, a California Limited Partnership (VILLAGE CREEK PLAZA): RECITALS: A. LOVET'I'/CLARK are the owners of certain real property in the City of Arroyo Grande, County of San Luis Obispo, California, more particularly described as Parcel 1 of Parcel Map AG-88-025 filed for record �a-i `�- 1 , 1989, in Book �{( Page _�, of Parcel Maps. B. VILLAGE CREEK PLAZA is the owner of that certain real property described in Exhibit A, attached which adjoins said Parcel 1. vo�3432 39 C. It is contemplated by the parties to this Agreement that the subject properties will be developed as a single, commercial complex which will include commercial buildings, parking, access ways, landscaping, (including creek area maintenance) and related amenities. D. The parties desire and intend by this Agreement to establish a common plan for each of the properties covered by this Declaration ("the subject property") whereby all of the subject property exclusive of the land upon which buildings are located will constitute a coirnnon reciprocal easement for the mutual benefit of all of the subject property, to be jointly maintained and repaired by the parties and their successors, the same to run with the land. NOW, TfIEREFORE, the parties declare that all of the subject property shall be held, conveyed, used, occupied, and improved subject to the following uniform covenants, conditions, and restrictions for the benefit and protection of the respective owners of the subjeet property, and to run with the land and be binding on all parties having or acquiring any right, title, or -1- 9-v-�L ... ►_�.I interest therein, to inure to the benefit of and be binding upon each successor and assignee in interest of the parties, and to apply with equal force and effect to each of the lota therein. Any coveyance, transfer, sale, or assignment made by any party of any portion of the subject property shall be deemed to incorporate by reference and be subject to each of the provisions of this Agreement: 1. CREATION OF COMMON RECIPROCAL EASEMENT: The parties hereby declare that all of the subject property be and shall constitute a common reciprocal easement for parking, ingress and egress, accessory landscaping, utilities, and related purposes appurtenant to each of the lots comprising the subject property, except for such portions on which buildings are located. 2. PURPOSE OF EASEMENT The common reciprocal easement shall be for the following purposes: (a) Vehicular and pedestrian ingress and egress to and from each of the properties herein described; (b) FF�nployee, customer, and invitee parking for each of said lots; (c) Landscaping and planters (including creek area maintenance); (d) Trash disposal areas; (e) Maintenance and repair of sewer lift atation; (f) Bicycle rack; and <g) Utilities. 3. RESTRICTIONS: Neither party nor their successor in interest shall in any manner obstruct, or allow the obstruction of, any portion of the common reciprocal easement, or permit their employees, customera, or invitees to park any vehicle upon the easement other than in a designated parking area, or in any manner interfere with the use of the common easement for its intended purpoaes. 4. MAINTENANCE RESPONSIBILITY The respective owners of each of the parcels of property comprising the subject property shall each be liable for and shall pay their propertionate share of the d.� �o� e) �c� PAGE 41 9-Y-il �..i �J including landscaping between the Right of Way line /and the back of sidewalk along Traffic Way cost of operation, maintenance,/and repair of the common reciprocal easement and the amenities thereon. The shares of the parties shall be in proportion to the squaare footage of floor space of buildings located on the respective properties of the parties. The parties shall establish reasonable procedures between themselves for the orderly and prompt determination of such ratios as to all common area expenses, and for payment of such costs. 5. ENFORCEMENT Enforcement of this Agreement ahall be by proceedings at law or in equity to correct any violation of this Agreement or to enforce the obligations and requirements thereof. In the event of any legal action in any manner arising under or by virtue of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney's fees together with such other relief as may be granted by the Court. 6. AMENDMENT This Declaration may be modified, amended, or -. APPROVID : City of Arroyo Grande /L//. .//�i . �� , �.�.� .�� 1 • • - -3- deleted by the execution of an amended declaration, or of an amendment to this Declaration, duly executed and acknowledged by all of the owners of the subject property. Such modification, amendment, or deletion shall not be effective for any purpose until approved by the City of Arroyo Grande, and recorded in the office of the San Luis Obispo County Recorder. VILLAGE CREEK PLAZA, a California Limited Partnership By: MID COAST LAND COMPANY, A California Corporation � . �� C L R. PRUETT, Presi� I � �� i� J t� �� LI • - YDL J 4c� Pa�E 42 �i1� / //�/.�� , .� I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify, under penalty of perjury, that the foregoing Agreement Granting and Establishing Common Reciprocal Easement is a true, full and correct copy of said Agreement approved at a Special Meeting of the City Council„o'f-the City of Arroyo Grande on December 1, 1989, and si mIa� r Pro Tempore B'Ann Smith. ,,. , ' .,.s�^w.�.'''a"�% �\ �af �t day ofnDecember a1 the City of Arroyo Grande - s .�"i �+ • e' ��Q1'a�L('!� �' O�R.tita/ N�t�ICY A` � S, CITY CLERK CI't�Sf ��DYO GRANDE �o� 3432 PA�E 43 - - SfATE OF CALIFORNIA COUNfYOF San Luis Obis� ss. � p„ November 28, 1989 y�f� � tt�e w�dersigced, a Notary Public in and for said Counry and Sfate, �� Clifford H. Clark �� s � FOA NOTARY STAl11U � �I' � \ � �I' � � �� S„ �� $] Petaonally known to me ❑ proved to me on the basis of satisfac[ory evidence to be the person(s) wMse name(s) ?�_ subsctibed to ihe witltin instcument, eqd acknowledged that he e�cecuted it. S� 1 � Nnhry Pablie in �na for . a ty �od s4te Joanne D. Johnson STATE OF CALIFORNIA l COUNTY OF San Luis Obispo f SS. p� November 28, 1989 before me, the undeisigned, a Notary public in and for said Cwnry and State, �� Mary Lee Clark [7jPersonally known to me ❑ Pmved to me on the hasis of satisfac[ory evidence to be the pecson(s) wMse name(s) is subscribed to the witttin inshumenC.`and acknowledged that she executed it. ` % R $Ignatine � / '1�lohry Po c In �na t r da i / �r .oa saa l/ Joanne hnson SCATE OF CALIFOItNIp � � COUNTY OF San Luis Obispo SS. p� November 28, 1989 �fore me, tl�e undecsi�ed, a Notazy public in and for ssid County and State, personal�y ap�� Lee R. Lovett �Pe��Y known to me ❑ Pro�ed to me on the besis of satisfqctory evidence to be the pe�son(s) wtase name(s) he subscribed to ihe wiUvn instn�ment, acknowledged that_�xecuted it. r si 1VOfarY Pablic in for erid ooty Sfate Joanne D. Johnson � d� s�� z CAT. NO, NN00636 TO 1%1 CA (9-84) (Corporation as a Partner of a Partnenhip) STATE OF CALIFORNIA � COUNTY OF •'S/1M LGG/ S DbJ POR NOTARY 9TAllTP � Y Y x J a � • 1� J TICOR TITIE INSURANCE � SS• 1 On �t/OVCm be,� Z g t! L_E_L before said State, personally appeared �A �ZiZO�- � personally known to me or proved to me on the basis of t as the President, and � 9- v—�L JOANN� D. JOHNSON ;,<<,,.,,.,;. NeTary Fublic - Coiifomia c' PRINCIPALOFFICEIN San Luis Obispo County IAy Commssbn Expires June 15,1993 � JOANNE D. JOHNSON �� Notary Public - Cdifornla "" PRINCIPALOFFICEIN � San Luis Obispo Co:�nty My Commisswn Exp;res June 15, 1993 FOR NOTAHY SfAI� ,�-°�� JOANNE D. JOHNSON ,`:��.� Notary Public - Calttomio . � � _ PRINCIPALOfFiCE1N �� San Luis Obispo C�uniy My Commissnn Ezpires hra 75,1993 a No[ary Public in and for to be the person the w�thm msttumen personally known to me or proved [o me on the basis of satisfactory evidence Secrexary of to be che person who executed the within instrument as che the corporat�o��trat execu� the within on behalf of �. �' n �—" " A ZA �the oaz[nershtp ihat executed the within instrument, and acknowledged to me that such corpora[ion executed the same as such paztner and rhax such partnenhip executed the same. WITNESS my if3nd and officia] seal. I .�t� , . O. . .. JOANNE D. JOHNSON ��: Notary Pubiic - Callfornia ir�. ; ��;-� PRWCIPALOFFlCEIN San Luis Obispo County My Commissbn EMpires June t5,1493 9- `/- i � � ,' IXIII_:S "A" DLECtIl2I011 . ZitCLL li � RECORbER'S M�MO: POQR REP�pN p� � QUAIITY OF ��/u, DOCUMENT �LL SHAT TAtS 0! LOS 104 0! JAMLS S. SSAATSOII'S SUbD2V2SI0N OF PARSS 0! THL YIKCBOS COA1lAL DE PILDRA. PISHO AND DOLSA DE CHEHISAL. IN iHE CIS2 OT L[i0I0 C[ANDE. COUNTI OT SAN LUIS ODISPO. S7ATE OP CALITOR%I�. YBICB 2fAP SS ON FILL IN b00X A. PACL 65 OP MAPS IN iHE OTiICL OF T8E COOHTY RECOADLR 0! SAID COUNiY� PARiICULAAL! DLSCAIBED AS 70LLOVS. TO Vlis bECItiKIRC Ai A SSAKL lSARxED L.1:. N0. 2 ON TtlL SOUiBE&L! LINL OY THE At10T0 CiAMDL AND PISHO ROAD AND AS SHE HOSi HORSHLALY COANLR 0? A TxACi OF LAKD OXNED bI L. D. xESCtlUH ON SEYiEHIILR 7. 1d92= TeLNCt SOUIB 1� 10� LASt S00 ILLSi TBLKCL SOU28 36 SO' itESi 70 fLEt{ � SHENCL ItOlIB 33' 10� YL52 531.50 YLES TO A SSARL MARKED L.B. t20. 1 ON IHE SODSBEAL= LIliL OT SHL AOAD AIIOVL KENIIONED= ' T8L2iCE NOAIH dl' LASi 76.00 FEEi'ALONC SAID AOAD LINL SO iBL POINS 0! ELCIHHIriC. . LZCLPi iBLAEiAOlS T8A2 POASIOH DESCRIELD IN TNE DEED i0 iHE StAiL OF CALIFO&HIA� RECOADLD JULI 21� 1931 IH LOOX 108� YACL 387 OP OFFICIAL xLC0AD4. • ♦L50 LXCEPS i8L&LFAOX ANI YOSSIOM LSIKC VISBIli iHL LINES 0� TBAFPFC YAI. ?L1tCLt' 2Y THAT YARi 07 SHL YOxTION Ol LOT 30� OT TtlL JAHES i. SYRAiZON'S. SUDDIYI520N OT iBL RAHCBOS COaRAL DE PIEDAA. YISMO AND bOLSA DE CBLHISAL� I% THL CITY 0? ARROTO CRANDL� COUNiY OZ SAN LUIS OIIISYO, SSASL 0! CALIFOAMIA. DLSCRISED IN itlL DEED SG THL StASE OI CALIFORNIA 1ECORDED JOLI 21� 1931 I2i EOOL 108� PdCL �87 OD OYPICIAL ALCORDS. DLSCR2ELD w5 IOLLOYSS • , ELG2RAII�C �i S8L LASiLRL= iERKINUS 0) COURSL (C)•IN i8L•DI&ECSOR`$ DZLD 20 SSO1(L SAIUWAiAAI� RYCORDED JANUAAY 6�, 1969 IN DOOL 15U2. YACL 727 0! OFIICIAL RLCORDS{ . TBLACL (1) lLO1tC i6L LASiLxLS YxOJECTION 0! SAID COUxSL (C) NORiH 74 24� 52" LASt T3.12 lLLt TO A FOINt ON iBL EASiERL2 LIN,L OT SBL ZxOPLAiS DLSC1tIIIED IN AbOYL SAID DLED SO itlL STAYL OF CALIFORNIA;. THLRCL (2) ALOHC SAID LASiE&LY LI!{L SOUiH 31' 25� 29" LASi 29.29 YLLi SO S6L SODSBLAL= LINL OI SAID DESCAIBED YAOYLaSYi SBt3iCL (3) �LOIt6 SAID SOUISEALI,LIKL AN ARC DISSANCL O) 85.88 lLEi IO S8s ?OI1tT OI bLCINltI1iC. (L1D O! DLSCLIYII01� � END OF DOCUMEIdT EXHIBIT A� 1 YOL J4�PA6E 45