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HomeMy WebLinkAbout1994-048905` Rec~~o~~r~~d~~ing r/~eq~u(epsted by: When recorded return to: City of Arroyo Grande P.O. Box 550 Arroyo Grande, Catif. 93421 Rec No: 00059722 RF 13.00 Aug 18, 1994 ; Time: 08:00 ; i 3J ;TOTAL 13.00 077-163-017 APN: n77_~Fq_n49 Doc No: 1994-048905 Official Records San Luis Obispo Co. Francis M. Cooney - - _ Recorder .- _- Declaration of Covenants and Restrictions TfiIS DECLARATION, made this ~!~ day of /(~ 1994, by KEVIN HUNSTAD, INCORPORATED, a Californ a corporation, hereinafter called "Declarant": RECITALS: A. Declarant is the owner of certain real property (the "property") in the City of Arroyo Grande, County of San Luis Obispo, California, described as Parcels 1 through 4, inclusive (the "parcels"), of Parcel Map AG-93-105 filed for record~~ll T lfi , 1994, in Book ~_, Page~_, of Parcel Maps in the office of the San Luis Obispo County Recorder. H. As a condition of approval of said Parcel Map by the City of Arroyo Grande Declarant is required to record a Declaration for the parcels informing prospective future owners thereof of certain -1- ~ -/a s7 water conservation requirements which will be applicable to said parcels. NOW, THEREFORE, Declarant declares that said parcels 1 through 4, inclusive, of Parcel Map AG-93-105 shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to the mutual and respective covenants and restrictions hereinafter set forth, expressly and exclusively for 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 parcels, said covenants, restrictions and rights are intended to and shall run with the land. 1. NOTICE TO OWNERS: Persons acquiring any of the parcels are advised of the following development conditions: (a) All construction shall utilize fixtures and designs which minimize water usage, including but not limited to low flow shower heads, water-saving toilets, and instant water heaters or recirculating systems. (b) Landscaping shall be consistent with water conservation practices, including use of drought tolerant plants, drip irrigation, mulch, gravel, and/or bark, and minimizing areas requiring spray irrigation. 2. ENFORCEMENT: The City of Arroyo Grande, a municipal corporation 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. Such action may be at law for damages or in equity to restrain a violation hereof. In any such -2- .~ >... ~. 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 of an Amendment to this Declaration, duly executed and acknowledged by all of the owners of the parcels covered by this Declaration. 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 AG-93-105. 4• PERSONS BOUND: This Declaration shall bind Declarant and its successors and assigns. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first above written. KEVIN HUNSTAD, INCORPORATED, A California Corporation By Kevin H4N 4 J Pres dent STATE OF CALIFORNIA y SS. COUNTY OF SAN LUIS OBISPO JJJ July 26, 1994 before me, On a Notary Public in and for said State, personally appeared Kevin Hunstad personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/~r authorized capacity(ies), and that by his/hRl' signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. d ~+^~ WITNESS my hand and official seal. U ~~, Signature _ ~ _ END OF DOCUMENT ., I" D .~~k ~ , D ,. f- B. HOGAN E ~ %"''`'~\ Comm. 11998050 [ ,r%~ ,~ Notary Public - m ~t,i~V ') California t,,,,,,,„. ~ SAN I-U IS OBISPO COUNTY NY CMm. Expires June 25, 1997 (Seal)