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Home My WebLink About1988-0859359. v. ~~ '~ RECORDING REQUESTED BY••~,'- W ~ ~ ~ ~~ DOG. rvo. 1 f935 AND WHII1 RECORDED RETURN T0: SAN LUIS OBISPO COSCA cITY cLERx DEC 1 81989' CITY OF ARROYO GRANDE P.O. BOX 550 FRANCIS M. GOONEY ARROYO GRANDE, CA 93420 Cpunty Clerk-Recorder TIME 8:00 AM ,,~~LEUCniiuty OF BUILDING SETBACK RESTRICTION, AND AGREEMENT THIS DECLARATION AND AGREEMENT, entered into this 1st day of December, 1989, by and between VILLAGE CREEK PLAZA, a California Limited Partnership (VILLAGE CREEK PLAZA) and LEE R. LOVETT, as Trustee of THE LEE AND EUDORA LOVETT LIVING TRUST OF SEPTEMBER 6, 1979, and CLIFFORD H. CLARK and MARY LEE CLARK CLOVETT/CLARK), all of said parties being Declarants under this Declaration. RECITALS: A. LOVETT/CLARK are the owners of Parcel 1 of Parcel Map AG-88-025, City of Arroyo Grande, County of San Luis Obispo, California, filed for record ~a-16- ~~l' 1989, in Volume;KOPage of Parcel Maps. LOVETT/CLARK contemplate constructing on said property a commercial building which will extend to within approximately one C1) foot of the boundary line between Parcel 1 and adjoining property owned by VILLAGE CREEK PLAZA, more - - - --- particularly described in Exhibit A, attached hereto. V81J ~t~.PA6E 31 B. VILLAGE CREEK PLAZA contemplates constructing on its property a commercial building adjacent to the common boundary with said Parcel 1. C. In order to assure compliance with applicable codes and regulations of the City of Arroyo Grande relative to the distance separating the buildings on the respective properties of the parties, and for purposes of fire safety, it is necessary and desirable to create a building setback restriction on that portion of Declarant's property described below: NOW, THEREFORE, the parties hereto agree as follows: 1. VILLAGE CREEK PLAZA establishes in favor of LOVETT/CLARK a building setback restriction over and upon the property described in Exhibit B, attached hereto, and shown on Exhibit C, which area is hereby called "the restricted area." Said restriction shall restrict VILLAGE CREEK PLAZA from building or extending any structures within the restricted area. VILLAGE CREEK PLAZA may, however, utilize all or any part of the restricted area for walkways, underground utilities, landscaping, and similar uses. -1- g_y_, 2. If at any time applicable codes and regulations of the City of Arroyo Grande shall permit VILLAGE CREEK PLAZA to build structures within the restricted area, and subject to approval of the City of Arroyo Grannde, the restriction established by this Declaration shall be of no force and effect with respect to such building. 3. This Declaration may not be amended or repealed without the prior consent of the City of Arroyo Grande. 4. This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto and their respective heirs, grantees, successors, and assigns. APPROVED: City of Arroyo Grande VILLAGE CREEK PLAZA, a California Limitaed Partnership MID COAST LAND COMPANY, A California Corporation, Geneeral Pt'a`r\tner "1'~ CAA ROL R. PRUETT, President ~Q /j 4~ By: By : Ty ~ ~ r~~y~~ MA~ilf-i~-A9-ICES, B'ANN SMITH Mayor Pro Tem By 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 Declaration of Building Setback Restriction, and Agreement approved at a Special Meeting of the City Council of the City of Arroyo Grande on "1~~~e~ 1, 1989, and signed by Mayor Pro Tempore B'Ann Smith. '•+ ,...~I. ~S my hand and the Seal of the City of Arroyo Grande _`. ~8t's lst day of December, 1989. ~:' U l f O • ~~ ~Q ~R~tt.d.J ~` `'•, NAB A. VIS, CITY CLERK ` ~e•CLTY 9F ARROYO GRANDE ~~~fCP~ VOL ~ 4~PAGE 33 LEE R. LOVE7"I', Trustee \A t~1 ~--LgE~C'I, Rte-"%~ 9- `1-/t STATE OF CALIFORNIA COUNTY OF San Luis Obispo sS. On November 28, 1989 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Marv Lee Clark ®personally known to me ^ proved to the on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument, .and acknowledged that she executed it. m ;,;~ ~~ JOANNE D. JOHNSON i :,~.,u, Notary Public -California '~ '~":e PRINCIPAL OFFICEIN o Si ;.~ San Luis Cbispo County i ~ ,Notary Pablle In u for d County and State My Commissbn Expires June 15,1993 Joanne D. Johnson FOA NOTARY STAMP STATE OF CALIFORNIA l q COUNTY OF San Luis Obispo JT Ss. '~ On November 28, 1989 before me, the rrrtdersigrred, aNotary Public in and for said County and State, perso~y~~ Clifford H. Clark ~] personally krown to me ^ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed ro the within r inswment, acknowledged that he executed it. JOANNE D. JOHNSON g ~ ~ = Notcey Public - California ' ~~rF~? PRINCIPAL OFFlCEIN °~~ o Signatu~ - Son Luis Obispo County N y My Commissbn E~irea June 15,1993 s ffi4 Lary in and for Wd Co and to Joanne D. Johnson FOR NOTARY STAMP STATE OF CALIFORNIA COUNTY OF San Luis Obispo SS. ~ a ~ pn November 28, 1989 before me, the urrdersigned, a Notary Public N and for said County and State, personally appeared Lee R. Lovett ®personally known W me ' ^ proved to me on the basis of satisfactory evidence to be the persoMs) whose name(s) 1 s subscribed to the within n instnrment,~ d acknowledged that he executed it. •'• JOANNE D. JOHNSON ///~~~~/// Notary Pu611c - Colifornla .~y H Si~ .~;, .. PRINCIPALOFFICEIN San Luis Obispo County Notary Public la and f Wd Coaoty to My Commissbn Expires June /5, 1993 Joanne D. Johnson FOA NOTARY STAMP VOL''4`' PAGE 34 9- `/-/~ ~./ `+~ CAT. NO. NN0067b ~ TICOR TITLE INSURANCE TO 7964 CA (9-l41 (Corporation as a Partner of a Partnership) STATE OF CALIFOi~ Iy4 ; S O'NS a } SS COUNTY OF ~,( V~ . y_ -_ _. _ L.~. ALP IA A before me, the unde~igned, a Notary Public in and or s r x r On v x x- - L said State, personally appeared personally known to me or proved to me on the basis of sap sident eawe!•ence to be the person who execute the within instrument as the personally known to me or proved to me on the basis of satisfact S ~~tary of to be the person who executed the within instrument as the the corporarspn ghat execut/ed~ ~ withiglAnstZrunment on behalf of V 1 ~ 1 a'4~ I the partnership that executed JOANNE D. JOHNSON the within instrument, and acknowledged to me that such corporation executed the same as such partner and that -'` N pi021NC PALC f CECr'o such partnership executed the same. ',~ '~ z. '„ ~ ` $dfl Luis Obispo CC'Jnty wtTNF.SS wv hand and official seal. ~ ~' ~~ My Commissbn Expires June 15, t9 (This area for VOL 3432 PAGE 35 ~'- v-/6 • 'RECORDER'S MEMO: • POOR REPRODUCTION DUE TO QUALffY OF ORIGINAL DOCUMENT ,' L7CII~IT "A" .. DLSCAIPTI06 . `; PARCZL It ALL THAT PART OT LOT 10• OT JAHLS T. STRATTON~S SUBDIVISION OF TARTS 07 THL LANCBOS CORRAL DL PILDRA, PISNO AND EOLSA DL CHENISAL, IN THL CITY OT ARROYO GRANDE. COUNTY OP SAN LUIS ObISTO, STATL OT CALITORNIA. NHICB NAP IS ON TILL IN IIOOX A, PACL 6S OT NAPS IN THL OTTICL 0! THL COOHTT RECORDER OT SAiD COUNTY, PARTICULARLY DLSCRIIIED AS TOLLOYS• TO YISi BEGINNING AT A STAXL XAAXED L.X. N0, 2 OH TNL SOUTNLLLT LINE OP THL ARROYO GRANDE AND lISHO ROAD AND AT THL 1lOST NORTHERLY CORNER OT A TLACT OT LAND OYHLD bT L. D. RETCHUN ON SLPTLNbLA 7, 18921 TNLNCL SOUTH 33. 30~ LAST 300 TLLT1 TBLNCL SOUIII 56• SO• NEST 70 TELT1 ' TNLNCL NORTB 33. 10~ NEST S31.S0 TELT TO A STAXL lIARXED L.N. N0. 1 OH S8L SOOTHLRLT LINE OT THE ROAD AIIOVL NLNTIONLDI TBLNCL NORIB 81• LAST 76.60 TLLT•ALONO SAID ROAD LIHL TO TBL POINT OT IILC,IRNINO. LICLPT TNLALTROH THAT PORTION DLSCRIIIED IN TNL DEED TO TNL STATL OT CALTFORNIA• RECORDED JULY 21. 1931 IN IIOOX 108• PACL 387 OP OFTICIAL RECORDS. ALSO LICLPT TBLRLFAOH ANT PORTION LTINC YITBIN TNL LINES OT TRAII~C YAT. PARCEL' 2Y TBAT PART 07 THL PORTION OT LOS 10~ 01 TBL JAttES Z. STRATTON'S. SUIIDIYISION OT TBL RANCHOS CORRAL DL PILDRA, TISNO AND bO1rSA DL CBLHISAL• IN THL CITY 0I ARROYO GRANDE, COUNTY OT EAN LUIS 082340, STATL OT CALITOAHIA, DLSCRIIIED IN TBL DLLD TO SBL STATL OT CALITORNIA ACCORDED JOLT 21. 1931 IN b00X 108• PACL 387 O1 OPTICIAL RECORDS, DLSCRIIIED AS IOLLOYSi ~IILCINHTRC AT THL LASTLRLT TER2IINU5 OT COURSE (C)•IN SHL•'DIRECTOR~3 DLLD TO STONE SAAUYATAAT, ACCORDED JANUARY 6,, 1969 IN IIOOX 1502. PACE 727 OT OFTICIAL RLCORDSI TBLNCL (1) -LONC TBL LASTLRLT PROJECTION OT SAID COURSE (C) NORTH 7i' 2~~ 52• LASS 73.12 TELT TO A POINT ON TBL EASTERLY LIl~L OT TBE PROPLRII DLSCRIIIED IN ADOVL SAID DLLD TO THE STATL OT CALITORNIAI, IHLNCL (2) ALONG SAID LASTLRLT LIHL SOUTB 31. 2S~ 29° LAST 29.29 TELT TO TBL SOOTBLRLT LINE OT SAID DLSCRIIIED PROPLRTYI IHLNCL (3) ALONG SAID SOUTHLALT,LINL AN ARC DISTANCE OP 83.88 TELT TO :HL :o1x: oP ascIHNIBa. (LXD OT DLSCAIPTI01~ •.~ ;' EXHIBIT A• ~+ • VOL ~4`' PAGE 3U 9- y-iL ../ Village Creek III Kuden #88-208 Restricted Area Description That portion of Lot 109 of the Ranchos Corral De Piedra, Pismo and Bolsa De Chamtsal, in the City of Arroyo Grande, County of. San Luis Obispo,~State of Califormia, as per map filed in Book A, Page 65 of Maps in the office of~the County Recorder of said County, described as follows: Beginning at'~ point on the southwesterly line of Lowe's Addition to the Town of Arroyo Grande, according to the map filed in Map Hook B, Page 8, records of said County, distant thereon N 32° 56' S4" W 12.42 feet from a one-inch iron pipe tagged "LS3673" marking the westerly corner of Lot 10 in said Lowe's Addition as shown on the Record of Survey filed in Book 42 of Licensed Surveys at Page 74, records of said County; thence, along. said southwesterly line, N 32° 56' S4" W 34.04 feet; thence, S 5° 28' OS" W 4.37 feet; thence S 32° 56' 54" E 7.24 feet; thence, S 5° 28' OS" W 10.12 feet; thence, S 37.° 56' 54" E 8.32 feet; thence, S 84° 31' S5" E 11.49 feet to the point of beginning. End Description FxHiair, s VOL 3432 PAGE 3~ r _.~.. • `/ ~ <<.ZO / 114 199 193 J~ a~.fb\•~ .1 1 19a END OF DOCUMENT 191 \197 ~XI-ii~'.T C ~~ < ~- ~ ~~ RECORDER'S MEMO: POOR REPRODUCTION DUE TO QUALITY OF ORIGINAL DOCUMENT 124 /4~1' ~ 1 ms IA / ~ Q.'S7~ ~'~' L$.i 184 109 182 'T85~ 186 I \/ ~ ' 12 133 18 i +I~.'. _\_ _1.Na I ~o~ 3432~AGE 38