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HomeMy WebLinkAbout1997-035137� ' Doc No: 199)-035137 -• ., Gl'�I GAL�o � 1T1� Rec No RecordingRequestedb�nd Official Records ;RF When Recorded Return to: San Lu i s Ob i spo Co . ; Julie L. Rodewald ; City of Arroyo Grande Recorder ' JU1 08, 1997 � P.O. Box 550 , Arroyo Grande, California 93421 T 1 me - 08 • 00 ' 00045634 16.00 L T1 ;TOTAL 16.00 AGREEMENT TO IMPLEMENT ORDINANCE 431 S This Agreement is entered this y day of � �Ne , 1997, by and betwee� the City of Arroyo Grande, Califomia, a municipal corporation ("City") herein), and OTTSE INC., a California corporation ("Developer" herein). WHEREAS City has in effect Ordinance 431C.S, which relates to the well-being oftrees within most portions of the City, but is not presently applicable to the Rancho Grande project; and WFIEREAS on Apri130, 1991, the City Council conditionally approved Developer's Tentative Tract Map 1997, which is a subdivision of Parcel 8 of Pazcel Map 77-103, as recorded in Book 28 at Page 85, in the city of Arroyo, said maps being on file in the Office of the County Recorder of San Luis Obispo County, California, and WHEREAS Condition No. 83 to that approvai reads as follows: "83. Prior to recordation of the &nal tract map, developer and Ciry 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." and WHEREAS City Ordinance 431 C.S. supercedes Ordinance 333 C.S.. NOW THEREFORE, in order to satisfy Condition No. 83, Developer and City agree as follows: 1. Immediately upon issuance of a certificate of occupancy for each residential lot within Tract 1997, City Ordinance No. 431 C.S. as then in force, or any successor Citywide 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 1997, said City Ordinance 431 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 1997. 3. Once becoming subject to the jurisdiction of City Ordinance 431 C. S. or a successor City-wide statute as set forth in Pazagraph i or 2, above, each portion of Tract 1997 shall thereafter remain s�bject to any further general City regulation concerning the subject matter contained in Ordinance 431 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 1997 and shall become eft'ective upon said recording. OTTSE INC. Dated: �, By: ��Ooo , �,� Donnalee Salzgeber, ecretTJ ' ary CITY OF Dated: 7 � 97 , AtYest� � Q' Nan Davis : • • � 1 �' � 1 9 f � r+ � 0.���. ���� �1 �- i. � . END OF DOCUMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of l fit � �"t�./vt iC� County of JGLv� L✓�C� CJY.JI�D� On �)J � e 4� ���1 before me, �i�du I`I�'AC/hGv�1 1V /7�Z1/h F�U��i� , [e � � Tfle ot OOicer (e. .I "Jane Doe, Nofary Pu lic") personally appeared o�Signer(s) C�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/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, C«m�sxa�s�pgypys executed the instrument. � -� NotaryP�&ec—C�fomw y� san�wsob�pocoumy WITNESS my hand and official seal. My Corrvn. E�Ires Feb 1,2000 � SignaWrl�bli� OPTIONAL Though the information below is not required by /aw, it may prove valuab/e to persons relying on the document and could prevent lraudu/ent removal and reattachment o/ 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 ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER Signer's Name: � Number of Pages: Individual Corporate Officer Title(s): Partner — ❑ Limited ❑ General i _ � � ■ Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER � 1995 Na�ional Notary Association • 8236 Remmet Ave., PO. Box ]1B4 • Canoga Park, CA 91309-]184 Prod. No. 590] Reortlen Call ToILFree 1-800-8]6-682] CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calif County of San Luis Obispo On July 1, 1997 beforeme, Nancy A. Davis, Notary Public Date Name antl Ttle oi OHicer (e.g., "Jane Doe, Notary Public") personally appeared A. K. "Pete" Dougall �ersonally known to me — OR —❑ proved to me on the basis of satisfactory evidence to be the person(� whose name(�) is/ap� subscribed to the within instrument and acknowledged to me that he/sy(e/tFy�y executed the � same in his/fydr/tFy�ir authorized capacity(i�S), and that by �, �� his/F�r/tFy�ir signature(jfj on the instrument the person($�, ����pq��5p or the entity upon behalf of which the person(�'acted, � ��v�—��� � executed the instrument. Sm luh Oblspo Can+h My C.omn. E�iret AW 7.2I� WITNESS my hand and official seal. `�'1 �, ct• �.� ' nature of Notary Pu�lic ❑ ❑ ❑ ❑ ❑ ❑ OPTIONAL Though [he inlormation be/ow is not required by law, it may prove valuable to persons relying on the document and could p�event iraudulent removal and reattachment ol 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 Corporate Officer Title(s): Partner — C Limited ❑ General Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGNT iHUMBPRINT '� OFSIGNER Number of Pages: Signer's Name: � Individual Corporate Officer Titie(s): Partner — ❑ Limited ❑ General ■ � ■ ■ ■ Attorney-in-Fact Trustee Guardian or Conservator Other: Signer Is Representing FIGHT THUMBPRINT OF SIGNER 01995 National No�ary Assxiation • 8236 RemmetAVe., PO. Box ]184 • Canoga Park, CA 91309-9186 Pmtl. No. 590] Reortlec Call Toll-Free 1-800-B16-682] END OF DQCUMENT