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Home My WebLink About2009-051425RECORDING REQUESTED BY WHEN RECORDED, RETURN TO: City of Arroyo Grande PO Box 550 Arroyo Grande CA, 93401 JULIE RODEWALD San Luis Obispo Counry—ClerklRecorder flecorded at ihe laquesl ol Public �oc#: 2009051425 I IIII II COVENANT AND AGREEMENT RESTRICTING SALE AND IMPROVEMENT OF PROPERTY Tdles: 1 Fees Taxes Others PAID AM 9/15/2009 t:47 PM Pages: 5 20.00 o.00 0.00 $20.00 THIS COVENANT AND AGREEMENT RESTRICTING SALE AND IMPROVEMENT OF PROPERN ("Covenant to Restrict") is made and executed on this .�.�d ��A day of , 200� by and between Patrick E. Griffin and Kami-Lynn Griffin (hereinafter col ctively referred to as "Owner") and the City of Arcoyo Grande, a municipal corporation of the State of Cai'rfomia (hereinafter referred to as "City"). WHEREAS, Owner is the record owner of certain real property commonly known as 514 May Street, Arroyo Grande, Calffomia, which includes two (2) separate legal parcels, lot 29 ("Lot 29'� and lot 30 (°Lot 30") of Biock C of the Map of the Le Point Addition, Assessor Parcel Nos. 007-253-053 and 007-253-057, which are further described in Exhibit "A" attached hereto and incorporated herein by this reference (said parceis are collectivety referred to herein as the "Property"); and WHEREAS, Owner desires to make certain improvements (the "Improvements") to the Property, some of which encroach upon legally required zoning setbacks and/or the boundary lines of the two (2) respective parcels composing the Property as depicted in the diagram attached hereto as Exhibit "B" and incorporated herein by this reference; and WHEREAS, City is wilting to allow construction a�d maintenance of the Improvements, subject to the terms, conditions, covenants and restrictions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration, the receipt and suff'�ciency of which is hereby acknowledged, Owner does hereby covenant and agree as follows: (1) RECITALS. The recitais above are true and correct and are incorporated herein by this reference. (2) TRANSFER OF PROPERTY; RESTRICTION. Owner shall not convey, transfer or seil Lot 29 and Lot 30 separate or apart from one another. Any and all conveyance, transfer or sale of the Property shall be of the whole Property, and title to the Properry must be held, at all times, in the same name(s) and by the same person(s) or entity. For the purpose of this Covenant to Restrict, the terms convey, transfer or sell shall include all changes in ownershipof every type and nature. APN(S): 007-253-053 and 057 COVENANT AND AGREEMENT RESTRICTING SALE AND USE OF PROPERTY (3) BUILDING AND CONSTRUCTION. Except for a secondary unit as referred to in Govemment Code Sections 65852.150 et seq., Owner agrees not to construct any other improvement(s) on the Properly that require the issuance of a building permit separate ftom building peRnits directly associated with the remodel, reconstruction or other improvement to the current single family residential structure, subject to all applicable laws, including, but not limited to, building codes and development standards. The construction of structures or improvements not requiring a building permit shall be permitted. (4) BURDEN TO RUN WITH THE LAND. The terms, conditions, covenants and restrictions contained herein shall apply to and shall bind the heirs, executors, administrators, successors, Uansferees, and assigns of all the parties having or acquiring any right, title or interest in or to any part of the Property and shall run with and burden the Property urrtil terminated or released in accordance with the provisions hereof. Owner agrees to notify all prospective purchasers or transferees of this Covenant to Restrict and the terms hereof. (5) RELEASE OF COVENANT. This Covenant to Restrict is irrevocable and may only be released by the C'dy upon: a. Owners removal of all Improvements and structures which encroach upon the setbacks and/or boundary lines of the respective lots in the Property; and b. City's written approval, in the sole discretion of the Ciry's Director of Building and Fire, of Owners removal of all Improvements and strudures which require this Covenant to Restrict; and b. The recordation of a Release of Covenant to Restrict by City in the Official Records of the San Luis Obispo County. (6) AMENDMENT. This Covenant to Restrict may only be modified by written agreement beriveen the parties and proper recordatio� thereof in the Official Records of the San Luis Obispo County. (7) INDEMNITY.Owner shall defend, indemnify and hold harmless City and its elected officials, officers, employees and agents in their official capacity, and any of them, from and against any and all loss, risk of loss and damage (including expense) sustained or incurred because of or by reason of any and all claims, demands, suits, actions, judgments and executions for damages of any and every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of or relating in any manner to this Covenant to Resfict, or the Improvemerrts constructed in reliance hereon. (8) GOVERNING LAW. This Covenant to Restrict shall be construed and enforced in accordance with the laws of the State of Califomia. Any dispute arising out of this Covenant to Restrict shall be determined by the Superior Court of the County of San Luis Obispo. APN(S): 007-253-053 and 057 COVENANT AND AGREEMENT RESTRICTING SALE AND USE OF PROPERTY (9) RECORDATION. The parties hereto shall cause this Covenant to Restrict to be recorded against the Property in the Official Records of the Counry of San Luis Obispo. IN WITNESS WHEREOF, the Owner has executed this agreement as of the day and year first above written. OWNER: � Patrick E. Griffin* Date: aJ i o/o S Kam�-Lyn n i * Date: 'Both Signatures must be notarized CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California 1 County of �p � � o � On �� 0 � �'"i before me, �� . �1 �-�{ �)n� � �( I�[_ , Da�e � ' � ^ n ^ Here Insert ame a tl Ti�le of he OHi er personally appeared �� --_-__-- M.FlfMER CommWio� I� t7�1361 � Notary �ubNc - CallaNO # •an lWt OW�po CourM� CCrnn D�et7 1 Place NoWry Seal Apove who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ist�se ubscribed to the within instrument and acknowledged to me that he/she�executed the same in his/h�uthorized capacity(ies), and that by his/h heir ignature(s) on the instrument the person(s), or th entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official eal. Signature� .( ^ - Sgnature oi Notary PuWw OPTIONAL Though the inlormation be/ow is not required by law, it may prove valuable to persons relying on the documenf and could p�evenf lraudulent removal and reattachment of this lorm to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ CorporateOfficer—Title(s): _ ❑ Partner — � Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Fepresenting: RIGHTTHUMBPRINT OF SIGNER Number of Pages: Signer's Name: ��l Individual � Corporate Officer — Title(s): _ �7 Partner—O Limited ❑ General ❑ Attomey in Fact ❑ Trustee C Guardian or Conservator C Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER �2(IO]NationalNOtaryAssociation•9350DeSOtoAVe.,PO.BOZ2402•Chafswnrih,CA91313-2002•www.NafionalNOtary.org IlemM59W PeortleoWllTOILFree1-8068]6-682] APN(S): 007-253-053 and 057 COVENANT AND AGREEMENT RESTRICTING SALE AND USE OF PROPERTY EXHIBIT "A" Property Legal Description Lots 29 and 30 of Block C of the Map of the Le Point Addition to the Town of AROyo Grande as filed in Book B of Maps at Page 7 records of the San Luis Obispo County Recorder, City Of Arroyo Grande, San Luis Obispo County, State of CaliFomia. (APN(S): 007-253-053 and 057) END OF DOCUMENT