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Home My WebLink About1989-055963Recording Requested By~.i~ie}" Whey} Recorded Returr ^o: ,~ City of Arroyo Grande 214 East Branch Street Arroyo Grande, Ca. 93420 UOC. Np. JJ96~~ ~ , ; OFFICIAL RECORDS SAN LUIS OBISPO CO., AUG 1 8 1989 FRANCIS M. COOIJEY County Clerk-Recorder j TIME 8:00 AM 6-/~-S~J APN : 7-0'2 S3 - ~/ DECLARATION OF COVENANTS AND RESTRICTIONS ESTABLISHING ROAD MAINTENANCE AND REPAIR OBLIGATION AND RESTRICTING USE OF PROPERTY August THIS DECLARATION, made this 8th day of-3u~a-, 1989, by MERILEE PECK, an unmarried woman, hereinafter called "Declarant", and the CITY of ARROYO GRANDE, a municipal corporation of the State of California, hereinafter called "City", has reference to the following facts: Recitals A. Declarant is the owner of certain real property in the City of Arroyo Grande, County of San Luis Obispo, State of California, described and identified as Parcel No. 2 in that Ten- tative Parcel Map AG88-212, referred in City's Resolution No.2283 approving Parcel Map Case No. 88-468, and as described in that Parcel Map recorded Q -l~^$ R , 1989, in Book 4 S , Page (.py , of Parcel Maps in the Office of_ the San Luis Obispo County Recorder. B. By virtue of the recording of said map, there exists a certain hammerhead turn around in, over, and upon approximately 2,631 square feet of said Parcel No. 2 for the mutual convenience 1 v~~ 3368 PAGE 166 `. .~ and benefit of said Parcel No. 2 and City, all as is set forth, described, and depicted on that map, a copy of which is attached hereto as Exhibit "A" and by this reference made a part hereof. C. By this Declaration, Declarant intends and desires to establish terms, conditions, and equitable restrictions for the repair and maintenance of said hammerhead turn around, all as more specifically set forth herein. NOW, THEREFORE, Declarant declares that said Parcel No. 2 shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to the mutual and respective coven- ants, restrictions, and rights hereinafter set forth, expressly and exclusively for the use and benefit of, and to be binding on, the parties hereto and on each and every person and entity who now, or in the future, owns all or any portion of said Parcel No. 2; the same shall run with the land and be binding on Declarant and Declarant's successors and assigns: 1. Said Parcel No. 2 shall be responsible and liable for the cost of paving, maintenance, and repair of the hammerhead turn around located on that portion of said Parcel No. 2 as shown on the above-referenced Parcel Map, and as depicted on Exhibit "A". 2. No owner of said Parcel No. 2, nor any tenant, guest, or invitee of any such owner, shall place or park in the hammer- head turn around area any vehicle or other personal property or obstruction, other than for temporary parking, loading, or un- 2 v~~ x:368 P~~E 167 ... loading of property as necessary. No owner, nor any tenant, guest, or invitee of any such owner, shall damage the hammerhead turn around area, or any facilities appurtenant thereto. 3. City shall have the right to enforce reasonable condi- tions for the maintenance and repair of said hammerhead turn around as follows: Except in emergency situations, in which case City shall have the right to make immediate repairs, City shall send the owner of said Parcel No. 2 a written thirty (30) day notice to repair any damage or defective conditions. If appropriate reme- dial, corrective, or repair action has not been undertaken within thirty (30) days after such mailing, City shall have the right to hire, or to do, the repairs, to seek reimbursement thereof from the owner of said Parcel No. 2, or, if necessary, to place the cost thereof as a tax lien against said Parcel No. 2. 4. Declarant, its successors, and assigns, shall defend, indemnify, and save harmless the City of Arroyo Grande, its offi- cers, agents, and employees, from any and all claims, demands, damages, costs, expenses, or liability occasioned by the perform- ance or attempted performance of the provisions hereof, or in any way arising out of this Declaration, including but not limited to inverse condemnation, equitable relief, or any wrongful act or any negligent act or omission to act on the part of Declarant or of agents, employees or independent contractors directly responsi- ble to Declarant; providing further that the foregoing shall ap- ply to any wrongful or any passively negligent acts or omissions to act, committed jointly or concurrently by Declarant or 3 Vu ,j.~U~ PAGE 1,~p ... Declarant's agents, employees, or independent contractor, and the City of Arroyo Grande, its agents, employees, or independent contractor. Nothing contained in the foregoing indemnity pro- visions shall be construed to require Declarant to indemnify City against any responsibility or liability in contravention of Section 2782 of the Civil Code. 5. In the event Declarant or its successors in interest fail to perform any obligation hereunder, Declarant and its suc- cessors in interest agree to pay all costs and expenses incurred by City in securing performance of such obligations, including costs of suit and reasonable attorney fees. 6. 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 the owners of said Parcel No. 2 and City upon mutual consent of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Declaration as of the day and year first above written. CITY: CITY OF ARROYO GRANDE ~44n~F+3G A4 p4lbb~S-, A4a~~e~ B'Ann Smith, Mayor Pro Tem DECLARANT: 4 YuL~~3~OPAGE1f 9 ATTEST: ,~ ~ a_ NA CY DAV , City Clerk A ~~89 APPROVED AS TO CONTENT: .. 5 VuL J JUC7 PAGE 1 ~ Q /': ~/ Acknowledaments STATE OF CALIFORNIA ) es. COUNTY OF SAN LUIS OBISPO ) On this day of , 1989, before me, a Notary Publ a, State of California, duly comm es oned and sworn, personally appeared MARK M. MILLIS, personally known to me (or proved tome on the basis of satisfactory evidence) to ba the person who executed this instrument as Mayor of the City of Arroyo Grande, a municipal corporation of the State of California, and acknowledged to me that said municipal corporation executed it. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal of the day and year in this certificate first above written. (Notary Seal] Notary Publ c, State of Cal forn a a • .F * * .F ~ # # ~ ~ ~ +1 * * * to * * * # * * • • * • * • ,- • • STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) es. on this let day oP .Tune , 1989, before me, a notary public, personally appeared MERIL E PECK, 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 that she executed it. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my offlcial seal of the day and year in this certificate first above written. OFiICIAL SEAL AILEEN NOIICKA ~ YOIN0111161C • fi6Y4PYM SAN LUIS OBISPO COUNIY Yl tiM1W Y,/Il Olt. }t. ~I (Notary Sea1J Notary Publ c, Sta of Cal forn a 6 Vul 3JiJp?IIGE 1,7~ `. ~- ~''N1A Y S T ~- c' N61'E 9s.2G' ~ z ~ e N u u• - ~ V 7/:.... a,• ~'~ }~~' ~ y. N"49 pO `'' \ 1 3 A yip 1. w \, /!45°36'04'1) \~'• yo, ~ • g.oo' t/ d/ n 3 ~ w° `" N v 3 2 ,o 86.ss s K z P I v( 19.41 ' Z 3 ;, A G 88-2I2 ' ~6.~'~iL'dr~ A VGL33U$PAGE1,~~ 'AND OF DOCUMENT