HomeMy WebLinkAbout1990-002646A~i1i a~cordation Ret~'Ib: '
City Clerk
City of Arroyo Grande
P.O. Box 550
Arroyo Grande, CA 93420 '~
Doc. No. 2646
OFFICIAL RECORDS ~/
SAN LUIS OBISPO CO., CA
JAN 1 2 1990
FRANCIS M. GOONEY
CosrMy Clerk-Recorder
TIME 8:00 AM
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This Declaration is made this day of , 1989, by
SUNRISE ARROYO GRANDE LP, A California limited partnership,
("Sunrise"); and the CITY OF ARROYO GRANDE ("City"). Sunrise and
City are hereinafter sometimes collectively called "Declarant".
RECITALS
A. Sunrise is the owner in fee, of certain real property
(the "Property"), in the City of Arroyo Grande, County of San
Luis Obispo, California, described as Parcels 1, 2 and 3 on
Parcel Map No. AG 86-065 filed on ~ ~~ ~a , 1989, in Book
at Page ~ of Parcel Maps in the office of the San Luis Obispo
County Recorder (the "Parcel Map"), a copy of which Parcel Map is
attached hereto as Exhibit A.
B. By virtue of the recording of said Parcel Map, there is
created and exists a non-exclusive easement for public utility
purposes, including the drainage easement over Parcel 1 and the
drainage easement over Parcel 3, and for road purposes over a
portion of Parcel 3 of said Property all as shown on Exhibit A
hereto, for the mutual convenience and benefit of each of the
parcels comprising said Property for drainage channels and for
ingress to and egress from the respective parcels and from and
onto Valley Road and for the passage of vehicles and the
accommodation of pedestrians thereto. Said road easement is
legally described on Exhibit B attached hereto and incorporated
herein by this reference and is shown on the Parcel Map and
hereinafter referred to as the "Access Easement,"
C. By this Declaration, Declarant intends and desires to
establish terms, conditions and equitable restrictions for the
joint repair and maintenance of said drainage easements and
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Access Easement, and to define the respective rights of the
owners of said parcels relative to the same, all as more
specifically set forth herein.
NOW, THEREFORE, Declarant declares that Parcels 1, 2 and 3,
inclusive, of the Parcel Map shall be held, transferred,
encumbered, used, sold, conveyed, leased and occupied subject to
the mutual and respective covenants, restrictions and rights
hereinafter set forth, expressly and exclusively for the use and
benefit of, and 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 parcels, the same to run with the land:
1. F~TTABLE SERVITUDES RUNNING WITH THE LAND.
Each and every agreement, undertaking, condition,
easement, right, privilege and restriction (hereinafter referred
to as the "Burden") made, granted or assumed, as the case may be,
by Declarant is made not only for the personal benefit of the
respective owners of Parcels 1, 2 and 3. The Burdens on each and
every parcel shall be an equitable servitude on each respective
parcel appurtenant to and for the benefit of the owners of the
remaining parcels and each such Burden shall run with the land
and shall be binding upon Declarant's successors and assigns, and
shall inure to the benefit of the respective owners of Parcels 1,
2 and 3 and to their respective successors and assigns. Any
transferee of any of the parcels to which this Declaration
applies shall automatically be deemed, by acceptance of the title
to such property, or any portion thereof, to have assumed all of
the Burdens relating thereto, and to have agreed with each owner
of the remaining parcels to execute any and all instruments and
to do any and all things reasonably required to carry out the
intention of this Declaration; provided, however, that if any
transferor shall expressly condition the transfer of its interest
in such parcel on the assumption by its transferee of the
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obligations of the Burdens imposed on such transferea, and such
transferor shall, upon the consummation of such transfer and
execution by the transferee of such assumption, be relieved of
all further liability under this Declaration except such
liability as may have arisen during its period of ownership of
the parcel so conveyed and which remains unsatisfied.
Z, O~7yjgR~S RIGHT AND OBLIGATION TO MAINTAIN AND REPAIR.
Each of the owners of Parcels 1, 2 and 3 of the Parcel
Map shall be liable for a proportionate share of the annual or
periodic costs of maintenance and repair of the Access Easement
as follows:
(a) The owner of Parcel 1 shall pay 1.73;
(b) The owner of Parcel 2 shall pay 1.73;
(c) The owner of Parcel 3 shall pay 96.63
The Owner of Parcel 3 shall, at its cost and expense,
maintain and repair the drainage easement located on Parcel 3,
and Owner of Parcel 1 shall, at its cost and expense maintain and
repair the drainage easement located on Parcel 1.
3. PROCEDURES FOR DETERMINING COSTS OF MAINTENANCE AND
$•
The owner of Parcel 3 shall have the power, acting
reasonably and in good faith, to establish reasonable procedures
for the determination of the necessary annual or emergency cost
of maintenance and repair of said Access Easement and appurtenant
facilities. Once so determined, said allocated costs shall be an
obligation of the respective owners of said parcels in accordance
with each owner's proportionate share of liability foz the costs
of maintenance and repair of the Access Easement as set forth in
Paragraph 2 of this Declaration. However, notwithstanding the
foregoing, if the owners of Parcels 1 and 2 do not agree with the
procedures determined by the owner of Parcel 3, the owners of
Parcels 1 and 2 shall be entitled to seek a decision on the
matter by submitting the matter to arbitration in San Luis Obispo
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County, California, under the rules of the American Arbitration
Association, the decision of the arbitrator(s) shall be binding
upon all owners, and the costs of such arbitration shall be borne
by the respective owners equally.
4. IMPROVEMENTS.
The maintenance and repair obligations established by
this Declaration shall be deemed to require each owner to pay
its proportionate share of the costs of repair, maintenance and
replacement of the Access Easement from and after the date of
recording this Declaration.
5, RFRTRICTIONS.
No owner of any parcel covered by this Declaration, nor
any tenant, guest or invitee of any owner, shall place or park
in the easement any vehicle or other personal property or
obstruction, other than for temporary loading or unloading of
property as necessary. No owner, nor any tenant, guest or
invitee of any owner, shall damage the surface of the Access
Easement or any facilities appurtenant thereto, and any person
causing such damage shall be solely liable for the cost of repair
therefor.
6. n~rcnTFS BY NON-DEFAULTING OWNER• REIMBURSEMENT.
If any owner shall default in the full, faithful and
punctual performance of any obligation of this Declaration to be
performed by such owner and such default shall continue for
thirty (30) days after receipt of written notice from any other
owner, then the nondefaulting owners shall, in addition to all
other remedies they may have at law or in equity or hereunder,
have the right to perform which obligation on behalf of such
defaulting owner, and recover the cost thereof from said
defaulting owner, together with interest thereon at the Iesser
of the prime rate of interest charged by Bank of America NT & SA
or charged by any other national bank selected by any two (2)
owners if Bank of America no longer exists (as the same may be
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CiC101\DECLCCR2.003
from time to time), plus two (2) points, or the maximum rate of
interest allowed by law. Nothing in this Paragraph shall relieve
the defaulting owner from its obligations under this Declaration
or for liability for failing to perform same. Any such claim for
reimbursement under this Declaration, together with interest as
aforesaid, shall be a secured right and a lien therefor shall
attach to the parcel and the improvements thereon owned by the
defaulting owner, effective upon the recording of a notice
thereof in the County Recorder's office for San Luis Obispo
County, California, or in such other office as may from time to
time by law be charged with maintaining the public records of San
Luis Obispo County, California. Such lien shall be subordinate,
however, to any first mortgage or deed of trust now or hereafter
covering any portion of the parcel and improvements thereon, and
any purchaser at any foreclosure or trustee's sale (as well as
any grantee by deed in lieu of foreclosure or trustee's sale)
under any such first mortgage or deed of trust, shall take title
free and clear from any such then existing lien, but otherwise
subject to the provisions of this Declaration.
7. FATI,intF TO ENFORCE NOT A WAIVER OF R?GHTS.
No delay or omission of any owner in the exercise of
any right accruing upon any default of any other owner shall
impair any such right or be construed to be a waiver thereof, and
every such right may be exercised at any time during the
continuance of such default, except that the right to enforce the
obligation to maintain and repair the easement shall be waived if
no suit, action or proceeding is brought within ninety (90) days
following one owner's giving notice to the other owner. Any
waiver by any owner of a breach or default of any of the terms
and conditions of this Declaration by any other owner shall not
be construed to be a waiver of any subsequent breach or default
of the same or any other provision of this Declaration. Except
as otherwise specifically provided in this Declaration, no remedy
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provided in this Declaration shall be exclusive, but each shall
be cumulative with all other remedies provided in this
Declaration and at law or in equity.
8. CITY ENFORCEMENT.
In addition to any other provisions of this
Declaration, and completely independent and separate therefrom,
the City shall have the right at any time to enforce reasonable
conditions for the maintenance of said drainage easements and
Access Easement as follows:
(a) Except in emergency situations which shall require
immediate drainage or roadway maintenance and/or repair, the
City shall send the owner of the appropriate parcel(s) at
the address given for each parcel, thirty (30) days' notice
to maintain and/or repair defective drainage or roadway
conditions. If appropriate maintenance and/or repair action
has not been undertaken within 30 days after such mailing,
the City shall have the right to hire, or to do, the
maintenance and/or repairs, and to place the costs thereof
as a tax lien against Parcels 1, 2 and 3, as appropriate,
and where applicable, in proportion to each owner's
proportionate share of liability for the costs of
maintenance and/or repair of the drainage easements and
Access Easement as set forth in Paragraph 2 of this
Declaration.
(b) If an adult resident or on-premises manager for
any one or more of the three (3) parcels created by the
Parcel Map complains to the police department about
vehicles parked upon the Access Easement, or if a City
policeman or fireman determines that a vehicle parked on
said Access Easement could interfere with police or fire
access to any of the three (3) parcels, the City shall have
the right to tow away any such vehicle at once. The common
duty herein to maintain the Access Easement shall include
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the duty at all times to post and maintain adequate signs
warning of the "tow away" requirements, and the duty to
paint red curbs or other appropriate devices recommended by
the City.
g, FACFrtFNTS FOR UTTLTTTES AND I+LATNTENANCE.
Easements over and under Parcel 3 for the installation,
repair and maintenance of utilities as shown on the Parcel Map,
and as may be hereafter required to service any of the parcels,
are hereby reserved by Declarant and its successors in interest
and assigns, including the owners of all of the parcels, together
with the right to grant and transfer the same. Each owner is
also granted easements over and across the Access Easement as
reasonably necessary for the fulfillment of each owner's
maintenance obligations as set forth in this Declaration.
10. NO OBLIGATIONS.
Except as may otherwise be agreed to in writing by the
owners of Parcels 1, 2 and 3 and the City, no building, fence,
walls, division or obstruction of any type shall ever be placed,
kept, permitted or maintained on the Access Easement or between
the parcels that will inhibit or prevent vehicular or pedestrian
traffic from flowing from Valley Road to any of Parcels 1, 2
or 3.
11. NO GIFTS OR PUBLIC DEDICATION.
Nothing contained in this Declaration shall be deemed
to be a gift or dedication of any portions of any parcel to the
general public or for any public use or purpose whatsoever, it-
being the intention of this Declaration that this Declaration is
for the exclusive benefit of the owners of Parcels 1, 2 and 3
and their respective successors and assigns, and that nothing in
this Declaration, express or implied, shall confer upon any
person, other than said owners, and their respective successors
and assigns, any right or remedies under or by reason of this
Declaration.
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12, RRFERF:NCE IN ORIGINAL GRANT DEEDS.
Specific reference to this Declaration and its
recordation shall be printed upon each of the original grant
deeds to subsequent owners of all Parcels.
13. AxFN •. S.
This Declaration may be modified, amended or terminated
by the execution either of an amended declaration, or of an
amendment to this Declaration, duly executed and acknowledged by
all of the owners of the parcels covered by this Declaration. No
amendment shall be effective for any purpose until approved by
the City Council of the City as being consistent with the City's
conditions of approval of the Parcel Map.
14. ATTORNEYS' FEES
Any owner of a parcel shall be entitled to take legal
action against any other owner who shall default in the
performance of any of the requirements of this Declaration. In
any such action, the prevailing party shall be entitled to
reasonable expenses, attorneys' fees and court costs in said
action or, in the event suit is not instituted against the
defaulting owner, in connection with enforcing any owner's rights
against a defaulting owner.
15. APPL•TCABLE L•AW.
This Declaration shall be construed in accordance with
the laws of the State of California.
16. vARACRAPH HEADINGS.
The paragraph headings in this Declaration are for
convenience only and shall in no way define or limit the scope or
context of this Declaration and shall not be considered in any
construction or interpretation of this Declaration.
17. NO JOINT VENTURE.
Nothing in this Declaration shall be construed to make
the owners of Parcels 1, 2 and 3 partners or joint venturers or
render any of said owners liable for the debts and obligations of
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CiC101\DECLCCR2.003
the others.
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IN WITNESS WHEREOF, Declarant and City have executed this
Declaration the day and year first above written.
SUNRISE ARROYO GRANDE L.P., a
California limited partnership,
By:
a
Grande
By: I """"l % '
Bruce D. Batki
Senior Vfce-P=
Scw ![oR~u
STATE OF 6- )
QuJ yo(Ck )
COUNTY OF ~& )
SS:
On this day of U~US1' , 1989, before me, the
undersigned a notary public in and for said State, personally
appeared ~ 2 UC4 D ~ g A"rl< i n) personally known to me
or proved to me on the basis of satisfactory evidence to be the
person who executed the within instrument as the Senior Vice-
President of SUNRISE ARROYO GRANDE INC., a California
corporation, the corporation that executed the within instrument
as a limited partner in SUNRISE ARROYO GRANDE LP, a California
limited partnership, the limited partnership that executed the
within instrument, and acknowledged to me that he executed the
same as the limited partner on behalf of said partnership and
that said partnership executed the same.
WITNESS my hand and official seal.
a Public T'r,~ ~/~'> ••~;%
~ ,,:
NoTARr PUflI~ Ste NIA ~ ~: ~, , r~ s,~£ ~ ~ '=
No 41185383/ ~~p~ d .. ~;'~D c,~
Qualifidl in Queew ~ - ' . t'r,..,.~.••: ~+
Oommiasion6+vKmFWwp .iilC ~a'~/J,~T1~
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CiC101\DECLCCR2.003
STATE OF CALIFORNIA )
SSS
COUNTY OF SAN LUIS OBISPO )
On this day of , 1989, before me, the
undersigned, a notary public in and for said State, personally
appeared , parsonally known to
me or proved to me on the basis of satisfactory evidence to be
the City Manager of the City of Arroyo Grande and acknowledged to
me that he executed the same on behalf of the City and that the
City executed the same.
WITNESS my hand and official seal.
Notary Public
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EXHIBIT B
LEGAL DESCRIPTION OF EASEMENT
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An easement for ingress, egress and public utilities over, under
and across the following described property located in the City
of Arroyo Grande, County of San Luis Obispo, State of California:
Beginning at
065 being a
Book
the County
California;
the Southwest
1" iron pipe
_ at Page _
Recorder of
corner of Parcel 2 of Parcel Map AG86-
and tag marked LS 3671; Recorded in
of Parcel Maps in the Office of
San Luis Obispo County, State of
Thence, N O1~ 00' 00" E, 127.97 feet along the westerly boundary
of said Parcel 2, to the beginning of a tangent curve, said point
being a 1/2" rebar and cap RCE 31581 and being the True Point of
Beginning of this description;
Thence, along a tangent curve concave easterly through a central
angle of 89° 00' 39", and a radius of 17.00 feet, for a distance
of 26.41 feet to a 1/2" rebar and cap RCE 31581;
Thence, along the northerly boundary of Parcel 2 of said parcel
map S 89° 59' 21" E, 258.96 feet, to the Northeast corner of
Parcel 2, said point being a 1/2" rebar and cap RCE 31581;
Thence, N 00° 55' 38" E, 70.00 feet, to the Southeast corner of
Parcel 1 of said parcel map, said point being a 1/2" rebar and
cap RCE 31581;
Thence, along the southerly boundary of Parcel 1, N 89° 59'
21" W, 258.28 feet, to the beginning of a tangent curve, said
point being a 1/2" rebar and cap RCE 31581;
Thence, along a tangent curve concave northerly through a central
angle of 90° 59' 21", and a radius of 17.00 feet, for a distance
of 27.00 feet to a 1/2" rebar and cap RCE 31581;
Thence, S O1° 00' 00" W, 104.01 feet to the True Point of
Beginning of this description.
C&C101\BLEGAL.003
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