Loading...
HomeMy WebLinkAbout1994-031185Doc No: 1994-031185 Recording Requested by and When Recorded Return to: City of Arroyo Grande P.O. Box 550 Arroyo Grande, CA 93420 Official Records San Luis Obispo Co Francis M. Cooney Recorder May 18, 1994 Time: 15:33 �� [ 4] AGREEMENT Rec No: 00037451 ;RF � � � � � � ;TOTAL 16.00 i[y[.z.� This Agreement is entered this � day of , 1994 to replace an earlier executed version of this Agreeme t, made effective as of February 18, 1992, by and between the City of Arroyo Grande, California, a municipal corporation (��City" herein), and OTTSE INC., a California corporation ("Developer" herein). WHEREAS City has in effect Ordinance 333 C.S., which relates to the well-being of trees within most portions of the City, but is not presently applicable to the Rancho Grande project; and WHEREAS on April 30, 1991, the City Council conditionally approved Developer's Tentative Tract Map 1994, which is a subdivision of that portion of Parcel 3 of Parcel Map 77-103, as recorded in Volume 28 of Parcel Maps at Page 85, and which is shown as a remainder on Lot Line Adjustment Map AGAL 83-013 as recorded in Book 40 of Parcel Maps at Page 55, and all of Parcel 4 of said Parcel Map 77-103, said maps being on file in the Office of the County Recorder of San Luis Obispo County, California, and WHEREAS Condition No. S5 to that approval reads as follows: "85. Prior to recordation of the final tract map, the developer and City shall enter into a written agreement approved by the City Attorney that upon issuance of a certificate of occupancy for any residence on any lot in the tract, that lot shall thereafter be governed by Ordinance No. 333 C.S. Said agreement shall also provide that upon City acceptance of tract improvements, all common areas of the tract shall become governed by Ordinance No. 333 C.S." NOW THEREFORE, in order to satisfy Condition No. 85, the Developer and City agree as follows: 1. Immediately upon issuance of a certificate of occupany for each residential lot within Tract 1994, City Ordinance No. 333 C.S. as then in force, or any successor City- wide statute then in force, shall automatically thereafter govern the entirety of said residential lot. 2. Immediately upon acceptance by City of the subdivision improvements for Tract 1994, said City Ordinance 333 C.S. as then in force, or any City-wide successor statute then in force, shall automatically thereafter govern all common areas within said Tract 1994. 3. Once becoming subject to the jurisdiction of City Ordinance 333 C.S. or a successor City-wide statute as set forth in Paragraph 1 or 2, above, each portion of Tract 1994 shall thereafter remain subject to any further general City regulation concerning the subject matter contained in Ordinance 333 C.S. 4. This Agreement shall bind and inure to the benefit of the parties hereto and to their successors in interest to all governmental interests and the above described real properties. 5. This Agreement shall be caused to be recorded in the Official Records of the County Recorder of the County of San Luis Obispo concurrently with the final map for Tract 1994 and shall become effective upon said recording. OTTSE INC. Dated: , 1994 Dated: �✓' � / � � , 1994 - ��Ji.. /. .�/i._: I _ r � � �. .. � i , /� /..� � _�.. �. -- •-.- -. - CITY OF ARROYO RANDE �.P t.�J Matt ew . Ga ag , `a �� ACKNOiQLEDGMBNT State of California County of San Luis Obispo 3 199 � before me (� . M�.�✓c ��zm� perso ally a peared Donnalee Salzgeber, Secretary of tse Inc., a California corporation, 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 insc=ument and acknawledged to me that, he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. C. MURAYAMA� � „� COMM. #962151 m � NOTARY PUBLIC - CALIFORNIA � SAN LUIS OBISPO COUNTY —� My Comm. EHpires Mar. 25. 7996 Signature L-��h�. (sea ACRNOWLSDGMENT State of California County of San Luis Obispo ) On 199� before me, personally a eared ��'j,��'�.y�ar personally known to me (or proved to me on the basYs 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/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. � o�caw.sEn� signature (seal) S � �T�P�S VE�Mi`,Nq � PHINCIPK�JKFICEIN : .- &WLUIBOBISPOCAUNT • f MyConmiasbnExP.SeA�'..19FS: L�N .HN�►� \1999OOC\ORO333-3.AGR _.�