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Home My WebLink About1995-053891 Doc No: 1995- 053891 Rec No: 00059987 Recording requested by: Official Records RF 22.00 City of Arroyo Grande? San Luis Obispo Co. (YIiCA Julie L. Rodewald Recorder When recorded return to: Nov 20, 1995 City of Arroyo Grande Time: 08:00 P.O. Box 550 Arroyo Grande, CA 92421 [ 6] TOTAL 22.00 APN: Declaration of Covenants and Restrictions Establishing Joint Maintenance and Repair Obligations, and Giving Notice of Construction Requirements THIS DECLARATION, made this IOC day of O &tote , , 1995, by VICK PACE CONSTRUCTION CO., INC., a California 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 Lots 1 through -1- j r a T t°1 6, inclusive (the "lots "), of Tract No. 2189 filed for record november ZO , 1995, in Book , Page (p7 , of Maps in the office of the San Luis Obispo County Recorder. B. By virtue of the recording of said Tract Map there exist easements for driveway, water drainage and utility purposes over portions of the lots comprising the property (the "easements "), for the mutual convenience and benefit of each of the lots comprising said property. The easements are designated on the Tract Map as "Drainage facility Maintenance Easement" and "City of Arroyo Grande Sewer Easement, Private Access Easements, Private Water Easement and Driveway Maintenance Easement." Said easements as so designated are hereafter collectively referred to as "the easements." C. As a condition of approval of said Tract Map, Declarant is required to record an instrument imposing an obligation upon Declarant and all subsequent owners of the property to maintain the common driveway, the drain, and any other common facilities on the easements. D. By this Declaration, Declarant intends and desires to establish terms, conditions, and equitable restrictions for the joint repair and maintenance of the driveway, the drain, and appurtenant facilities, and to define certain other rights and duties of the owners of said parcels, all as more specifically set forth herein. NOW, THEREFORE, Declarant declares that said Lots 1 through 6, inclusive, of Tract No. 2189 shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied subject to the mutual and respective covenants, restrictions, and rights hereinafter -2- 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 lots. Said covenants, restrictions and rights are intended to and shall run with the land. 1. GENERAL: Each of the owners of Lots 1 through 6 of Tract No. 2189 shall be responsible and liable for and shall pay one -sixth (1 /6th) per lot of the annual or periodic costs of maintenance and repair of the facilities located in the easements. 2. PROCEDURES: The owners of the lots shall have the power, right and duty among themselves to establish reasonable procedures for the determination of the necessary annual or emergency cost of maintenance and repair of said driveway, drain and appurtenant facilities required pursuant to this Declaration. Once so determined, said allocated costs shall be an obligation of the respective owner(s) of said lots. 3. IMPROVEMENTS: MAINTENANCE: The maintenance and repair obligation established by this Declaration shall not be deemed to require any owner to pay any portion of the cost of improvement of the driveway over its condition as of the date of recording of this Declaration. Notwithstanding the previous sentence, the obligation to maintain and repair as set forth herein shall require Declarant and subsequent owners to keep the driveway and appurtenant facilities in safe condition and good repair. In the event that the City of Arroyo Grande Fire Chief shall determine that the surface is not being adequately maintained for fire protection and /or abatement, the Fire Chief shall -3- • notify the affected lot owners of the deficiency. If, after thirty (30) days, the condition has not been satisfactorily remedied, the City may perform the needed maintenance and charge the costs thereof to the affected owners. The cost shall then become a lien against the affected lots to the extent of their respective pro rata obligations to repair. 4. DRIVEWAY RESTRICTIONS: No owner of any lot covered by this Declaration, nor any tenant, guest, or invitee of any owner, shall place or park in the driveway, or on the easements, any vehicle or other personal property or obstruction, other than for temporary loading or unloading as necessary. "No Parking Fire Lane" signs shall be maintained along the driveway. No owner, nor any tenant, guest, or invitee of any owner, shall damage the driveway surface or any facilities appurtenant thereto, and any person causing such damage shall be solely liable for the cost of repair thereof. 5. FENCES: Any boundary fences on the property between two lots shall be jointly maintained and repaired by the owners of such two parcels. 6. OTHER COVENANTS AND RESTRICTIONS: (a) All owners shall use waste - wheelers for disposal of solid waste. (b) Each owner shall keep his or her lot in clean and sanitary condition and shall keep their yard areas fully landscaped and maintained. (c) Each owner shall at their expense maintain and keep operative any photocell lighting facilities attached to their dwelling which are intended to provide lighting to the driveway area. -4- 7. NOTICE TO OWNERS: Persons acquiring any of the lots 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 drought tolerant and its maintenance shall be consistent with water conservation practices, including use of drip irrigation, mulch, gravel, and /or bark, and minimizing areas requiring spray irrigation. 8. ENFORCEMENT: Any owner of a lot within the subject property shall be entitled to take legal action against any other owner who shall violate this Declaration or default in the performance of any of its requirements. Such action may be at law for damages or in equity to restrain a violation hereof. In any such action, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs in said action. 9. 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 lots 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 Tract No. 2189. / /// -5- 10. 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. VICK PACE CONSTRUCTION CO., A California Corporation By l President STATE OF CALIFORNIA County of San Luis Obispo On this (CM da y of ��' 199 before me, K ' h �CG6� , a Notary Public in and for said State, personally app ared_ Onl y. ( ) personally known to me -OR- ( proved to me on the basis of satisfactory evidence to be the person(s) w ose name(s)( is e subscribed to the within instrument and acknowledged to me that e1he /they executed the same in ether/their authorized capacity(ies), and that by ii 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. 1 K. - E Notary Pub 'c in and for said '' • # State tw ` w Ca. Swam MI _6 END OF DOCUMENT