HomeMy WebLinkAbout1986-083634 Recording Requested 12 y: -
TICOR TITLE INSURANet CO.
%IWEN RECORDED RETURN TO:
Peter C. Miller, Esq. oc. N0. &3634
MILLER & WALTER
The Promontory SAN U'�18PO L�S
412 Higuera Street
San Luis Obispo, CA 93401 DEC 1 7 1986
FRANCIS M. COONEY
County Clerk- Recorder
TIME 8.'00 AM
RANCHO GRANDE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
TABLE OF CONTENTS
Page #
INTRODUCTORY PARAGRAPHS A thru C 1
ARTICLE I
DEFINITIONS 2
1.1 Articles 2
1.2 Assessment 2
1.3 Association 2
1.4 Board or Board of Directors 2
1.5 Bylaws 2
1.6 Common Area 2
1.7 Common Expenses 2
1.8 Declarant 2
1.9 Declaration 2
1.10 Eligible Holder Mortgages 2
1.11 Eligible Mortgage Holder 2
1.12 Eligible Insurer or Guarantor 3
1.13 First Lender 3
1.14 Lot 3
1.15 Map 3
1.16 Member 3
1.17 Mortgage 3
1.18 Mortgagee 3
1.19 Owner 3
1.20 Person 3
1.21 Project 3
1.22 Project Documents 3
1.23 Property 3
1.24 Singular and Plural 4
1 VOL 2026 PAGE 440
Page if
ARTICLE II
DESCRIPTION OF PROJECT, DIVISION OF PROPERTY, AND
CREATION OF PROPERTY RIGHTS 4
2.1 Description of Project 4
2.2 Easements; Dedication of Common Area 4
2.3 Easements to Accompany Conveyance of Lot 5
2.4 Delegation of Use 5
2.5 Conveyance of Common Area to Association 5
2.6 Owners' Rights and Easements for Utilities 5
2.7 Maintenance Easement 6
2.8 Drainage 6
2.9 Other Easements 7
2.10 Rights of Entry and Use 7
2.11 Partition of Common Area or Lots 8
2.12 Care of Street Trees 8
ARTICLE III
ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND
VOTING RIGHTS 8
3.1 Association to Own and Manage Common Areas 8
3.2 Membership 8
3.3 Transferred Membership 8
3.4 Membership Class and Voting Rights 9
Class A 9
Class B 9
ARTICLE IV
MAINTENANCE AND ASSESSMENTS 9
4.1 Creation of the Lien and Personal Obligation
of Assessments 9
4.2 Purpose of Assessments 10
4.3 Setting Assessments 10
4.4 Reserves 11
4.5 Notice and Quorum for Any Action Authorized
Under Sections 4.3 and 4.4 11
4.6 Uniform Rate of Assessment 11
4.7 Date of Commencement of Annual Assessment;
Due Dates 11
4.8 Effect of Nonpayment of Assessments 12
4.9 Transfer of Lot by Sale or Foreclosure 12
4.10 Priorities; Enforcement; Remedies 12
4.11 Statutory Restriction of Assessments 14
ii
VOL 2926 PAGE 441
Page #
ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION 14
5.1 Duties 14
A. Maintenance 14
B. Insurance 15
C. Discharge of Liens 16
D. Assessments 16
E. Payment of Expenses 16
F. Enforcement 17
5.2 Powers 17
A. Easements 17
B. Manager 17
C. Adoption of Rules 17
D. Access 17
E. Assessments, Liens and Fines 17
F. Enforcement 18
G. Acquisition and Disposition of Property 18
H. Loans 18
I. Dedication 18
J. Contracts 18
K. Delegation 18
L. Use of Recreational Facilities 19
M. Appointment of Trustee 19
N. Other Powers 19
5.3 Commencement of Association's Duties
and Powers 19
ARTICLE VI
ARCHITECTURAL CONTROL 19
6.1 The Architectural Control Committee 19
6.2 Approval 21
6.3 Nonliability 23
6.4 Governmental Approval 23
6.5 Variances 24
ARTICLE VII
ARCHITECTURAL AND USE RESTRICTIONS 24
7.1 Use of Lot 24
7.2 Health Care Facilities 24
7.3 Nuisances 24
7.4 Vehicle Restrictions 24
7.5 Commercial Activity 25
7.6 Storage in Common Area 25
7.7 Signs 25
7.8 Animals 25
7.9 Garbage and Refuse Disposal 26
iii VOL 2926 PAGE 442
Page #
7.10 Radio and Television Antennas 26
7.11 Clothes Lines 26
7.12 Liability of Owners for Damage to
Common Area 27 •
7.13 Leasing of Lots 27
7.14 Common Area Parking 27
7.15 Minimum Size 27
7.16 Minimum Setbacks and Sideyards 27
7.17 Height Limitations 27
7.18 Architectural Style 28
7.19 Roofs 28
7.20 Exterior Walls 28
7.21 Windows and Window Coverings 28
7.22 Fences 28
7.23 Landscaping 28
7.24 Utilities and External Fixtures 29
7.25 Street Numbers and Lighting 29
• ARTICLE VIII
GENERAL PROVISIONS 29
8.1 Enforcement 29
8.2 Invalidity of Any Provision 30
8.3 Term 30
8.4 Amendments 30
8.5 Rights of First Lenders 30
A. Copies of Project Documents 30
B. Audited Statement 31
C. Notice of Action 31
D. Consent to Action 31
E. Right of First Refusal 33
F. Contracts 33
G. Reserves 33
H. Priority of Liens 33
I. Distribution of Insurance or
Condemnation Proceeds 33
J. Restoration or Repair 33
K. Termination 34
L. Reallocation of Interests 34
M. Termination of Professional Management 34
N. Payment of Taxes or Insurance by Lenders 34
8.6 Owner's Right and Obligation to Maintain
and Repair 34
8.7 Damage or Destruction 35
8.8 Damage and Destruction Affecting Lots 36
8.9 Condemnation 36
8.10 Limitation of Restrictions on Declarant 37
8.11 Termination of Any Responsibility of
Declarant 38
iv VOL 29 PACE 443
8.12 Owner's Compliance 38
8.13 Notices 38
8.14 Special Provisions Relating to Enforcement
of Declarant's Obligation to Complete
Common Area improvements 38
8.15 Fair Housing 39
8.16 FHA /VA Approval 39
8.17 Binding Arbitration 39
EXECUTION 40
VOL 2926 fltE 444
�. ..,
RANCHO GRANDE
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth, by
OTTSE, INC., a California corporation, hereinafter referred to as
"Declarant," is made with reference to the following facts:
A. Declarant is the owner of certain property located in
' the City of Arroyo Grande, County of San Luis Obispo, State of
California, more particularly described as Lot 135 (referred to
herein as "Lot A ") and Lots 1 through 134, inclusive, embraced
within the boundaries of the subdivision shown on the Subdivision
Map entitled Tract No. 1132, which Map was filed for record in
the Office of the Recorder of the County of San Luis Obispo,
State of California, on It isa , 19 be, , in Book 13 of
Maps at Page &&t .
B. The development shall be referred to as the "project" as
defined in section 1.21 or the "property" as defined in Section
1.23.
C. Declarant intends by this document to impose upon the
property mutually beneficial restrictions under a general plan of
improvement for the benefit of all owners of lots.
NOW, THEREFORE, Declarant hereby declares that Lot A
(Lot 135) and Lots 1 through 134, inclusive, in Tract No. 1132
shall be held, sold, leased, mortgaged, encumbered, rented, used,
occupied, improved and conveyed subject to the following declara-
tions, limitations, easements, restrictions, covenants, and
conditions, which are imposed as equitable servitudes pursuant to
a general plan for the development of the property for the
purpose of enhancing and protecting the value and desirability of
the property and every part thereof, and which shall run with the
real property and be binding on Declarant and its successors and
assigns, and on all parties having or acquiring any right, title
or interest in or to the described property or any part thereof,
their heirs, successors and assigns, and shall inure to the
benefit of each owner thereof.
VOL 2926 PAGE 445
ARTICLE I
DEFINITIONS
1.1 "Articles" shall mean and refer to the Articles of
Incorporation of the Association, as amended from time to time.
1.2 "Assessment" shall mean that portion of the cost of
maintaining, improving, repairing, operating and managing the
property which is to be paid by each lot owner as determined by
the Association.
1.3 "Association" shall mean and refer to the RANCHO GRANDE
HOMEOWNERS ASSOCIATION, a California nonprofit mutual benefit
corporation, the members of which shall be the owners of lots in
the project.
1.4 "Board" or "Board of Directors" shall mean and refer to
the governing body of the Association.
1.5 "Bylaws" shall mean and refer to the Bylaws of the
Association, as amended from time to time.'
1.6 "Common area" shall mean and refer to the portions of
the property (and all improvements on those portions) owned by
the Association for the common use and enjoyment of the owners
which, on recordation of the Map and conveyance by deed to the
Association, shall consist of Lot A (Lot 135) and the fence
located on the Association's Fence Easement over portions of Lots
30 through 42 and 50 through 62, and the landscaping owned by the
Association relating to the meandering sidewalk located within
the adjacent ten foot strip of the public rights of way for
Rancho Parkway and James Way.
1.7 "Common expenses" means and includes the actual and
estimated expenses of operating the common area and any
reasonable reserve for such purposes as determined by the Board
and all sums designated common expenses by or pursuant to the
Declaration, Articles, or Bylaws.
1.8 "Declarant" shall mean and refer to OTTSE, INC., a
California corporation, and its successors and assigns if any
successors or assigns should acquire more than one (1)
undeveloped lot from the Declarant for the purposes of
development.
1.9 "Declaration" shall mean and refer to this Declaration,
as amended or supplemented from time to time.
1.10 "Eligible holder mortgages" shall mean mortgages held
by "eligible mortgage holders ".
1.11 "Eligible mortgage holder" shall mean a first lender
who has requested notice of certain matters from the Association
in accordance with section 8.5C.
2 VOL 2926 PAGE 446
1.12. "Eligible insurer or guarantor" shall mean an insurer
or governmental guarantor of a first mortgage who has requested
notice of certain matters from the Association in accordance with
section 8.5C.
1.13 "First lender" shall mean any bank, savings and loan
association, insurance company, or other financial institution,
person or entity holding a recorded first mortgage on any lot.
1.14 "Lot" shall mean and refer to Lots 1 through 134,
together with any improvements thereon, as shown on the Map with
the exception of the common area.
1.15 "Map" shall mean and refer to that Subdivision Map
entitled Tract No. 1132 recorded the 10 day of
Dece w ur , 1913b , in Book I% of Maps at Page bg ,
in the records of San Luis Obispo County.
1.16 "Member" shall mean and refer to a person entitled to
membership in the Association as provided herein.
1.17 "Mortgage" shall include a deed of trust as well as a
mortgage.
1.18 "Mortgagee" shall include a beneficiary or a holder of
a deed of trust as well as a mortgagor.
1.19 "Owner" shall mean and refer to the record owner,
whether one (1) or more persons or entities, of a fee simple
title to any lot which is a part of the project but excluding
those persons or entities having an interest merely as security
for the performance of an obligation. If a lot is sold under a
recorded contract of sale, the purchaser, rather than the fee
owner, will be considered the "owner ".
1.20. "Person" means a natural person, a corporation, a
partnership, a trustee, other legal entity.
1.21 "Project" shall mean and refer to the real property
comprising Lot A (Lot 135) and Lots 1 through 134, inclusive, of
Tract No. 1132, including all improvements and structures erected
or to be erected thereon, plus the meandering sidewalk and
associated landscaping located within the ten foot strip of
public right of way for Rancho Parkway and James Way which lies
immediately adjacent to those lots.
1.22 "Project documents" shall mean and refer to this
Declaration, together with the other basic documents used to
create and govern the project, including the Map, the Articles,
the Bylaws (but excluding unrecorded rules and regulations
adopted by the Board or the Association or the Committee).
1.23 "Property" shall mean and refer to the real property
above described and all improvements erected or to be erected
thereon, and such additions thereto as may hereafter be brought
3
VOL 21_6 PAGE 447
within the jurisdiction of the Association, and all property,
real, personal or mixed, intended for use in connection with the
project.
1.24 "Singular, plural and gender ": The singular and
plural number and the masculine, feminine and neuter gender shall
each include the others where the context so indicates or re-
quires.
ARTICLE II
DESCRIPTION OF PROJECT, DIVISION OF PROPERTY,
AND CREATION OF PROPERTY RIGHTS
2.1 Description of Project: The project is a planned
development consisting of the common area described in section
1.6 above, and the one hundred thirty -four (134) building lots
shown on the Map. Declarant intends to develop the property as
follows:
A. Lots 1 through 134 are to be sold individually as
unimproved lots for the construction of single family residences
thereon. None of these lots shall be further subdivided.
B. Lot A (Lot 135) is to be landscaped by Declarant as
shown in the adopted "Rancho Parkway Streetscape ", and shall be
conveyed to the Association for the use and enjoyment of the lot
owners subject to rules and regulations established by the
Association. The meandering sidewalk shall be dedicated to the
City of Arroyo Grande. The Association shall maintain the
landscaping associated with the meandering sidewalk. The
Association shall reimburse the City of Arroyo Grande for all
costs reasonably incurred by the said City due to the
Association's improper maintenance or failure to maintain the
associated landscaping, for damage to the meandering sidewalk
caused by the landscaping, for elimination of hazards or public
nuisances, and for remedial landscape maintenance.
2.2. Easements; Dedication of Common Area: Each of Lots 1
through 134 shown on the Map shall have appurtenant to it the
right of easement over Lot A for ingress and egress, and for use,
occupancy and enjoyment of it subject to the following
provisions:
A. The right of the Association to charge reasonable
admission and other fees for the use of any recreational facility
situated upon Lot A;
B. The right of the Association to discipline members,
to suspend the voting rights of a member, and to suspend the
right of a member to the use of the recreational facilities for
any period during which any assessment against his lot remains
unpaid, and for any infraction of the Declaration, Bylaws,
Articles or written rules and regulations in accordance with the
provisions of sections 4.10, 5.2.F and 8.1 hereof;
VOL 2926 PAGE 448
4
C. The right of the Association to dedicate, transfer
or mortgage all or any part of the common area to any public
agency, authority, or utility for such purposes and subject to
such conditions as may be agreed to by the members, provided that
in the case of the borrowing of money and the mortgaging of its
property as security therefor, the rights of such mortgagee shall
be subordinate to the rights of the members of the Association.
No such dedication, transfer or mortgage shall be effective
unless an instrument signed or approved by three - fourths (3/4) of
each class of members agreeing to such dedication, transfer or
mortgage has been recorded;
D. The right of the Association to further develop for
common purposes and to grant easements under, in, upon, across,
over, above or through any portion of the common area for pur-
poses, including, without limitation, access, utilities, and
parking, which are beneficial to the development of the pro-
perties in accordance with the general plan established by this
Declaration;
E. The right of the Association, and its agents acting
for the Association, to go upon the Association's Fence Easement
over portions of Lots 30 through 42 and 50 through 62 for
purposes of the Association as allowed in this Declaration. Said
Fence Easement shall not grant any right to an owner of a lot in
his individual capacity to go upon the lot of another.
2.3 Easements to•Accompany Conveyance of Lot: Easements
that benefit or burden any lot shall be appurtenant to that lot
and shall automatically accompany the conveyance of the lot, even
though the description in the instrument of conveyance may refer
only to the fee title to the lot.
2.4 Delegation of Use: Any owner may delegate, in
accordance with the Bylaws, his right of enjoyment to the common
area and facilities to the members of his family, his tenants, or
contract purchasers, who reside on the property. Nonresident
members, their families, guests and relatives, are not permitted
to use any recreational facilities during periods when their lot
is leased to and /or occupied by others (nonfamily members) unless
such facility is open to the general public.
2.5 Conveyance of Common Area to Association: On or before
conveyance of title to the first lot, Declarant shall deed the
common area to the Association to be held for the benefit of the
members of the Association.
2.6 Owners' Rights and Easements for Utilities (including
access): The rights and duties of the owners of lots within the
project with respect to access, sanitary sewer, water,
electricity, gas, television receiving, telephone equipment,
cables and lines (hereinafter referred to, collectively, as
"utility facilities ") shall be as follows:
5 2926 Pea 449.
A. Whenever utility facilities are installed within
the project, which utility facilities or any portion thereof lie
in or upon a lot or lots owned by other than the owner of a lot
served by the utility facilities, the owners of any lots served
by the utility facilities shall have the right of reasonable
access for themselves or for utility companies to repair, to
replace and to generally maintain said utility facilities as and
when the same may be necessary.
B. Whenever utility facilities are installed within
the project, which utility facilities serve more than one (1)
lot, the owner of each lot served by the utility facilities shall
be entitled to the full use and enjoyment of such portions of the
utility facilities as service his lot.
C. All such utilities easements shall be exercised by
the dominant tenement(s) so as to damage, restrict or interfere
with the use of the servient tenement(s) in the least way
reasonable. Said easements shall be deemed non - exclusive to the
dominant tenement(s). Cost of maintenance shall be upon the
dominant tenement(s), which shall include the obligation to
repair any damage caused to the servient tenement(s). The
servient tenement(s) shall build no dwelling or substantial
permanent structure (not including paving or retaining walls)
over any such easement, and the loss of any large tree or
shrubbery within such easement shall be at the risk of the
servient tenement.
D. In the event of a dispute between owners with
respect to the repair or rebuilding of said utility facilities,
or with respect to the sharing of the cost thereof, then, upon
written request of one (1) of such owners addressed to the
Association, the matter shall be submitted to the Board, which
shall decide the dispute, and the decision of the Board shall be
final and conclusive on the parties.
2.7 Maintenance Easement: A right of way over and under
each lot is reserved by Declarant, and is hereby granted to the
Association, for the purpose of entering upon the property to
perform such maintenance, if any, as the Association elects to do
in accordance with the provisions of section 5.1.A of this
Declaration, or as may otherwise hereafter be required to service
any portion of the property for the installation, repair, or
maintenance of sanitary sewer, water, electricity, gas,
telephone, television or drainage.
2.8 Drainage: There shall be no material change in grade
or ground level nor interference with the established drainage
pattern over any property within the project unless adequate
provision is first made for proper drainage and which provision
is first approved by the Architectural Control Committee and the
City of Arroyo Grande. For purposes hereof, "established"
drainage is defined as the drainage which existed at the record-
ing of the Map in the Office of the County Recorder of San Luis
Obispo County and is shown on the drainage plan attached hereto
6 VOL 2 9 2 6 PAGE 4 u 0
as Exhibit A, which plan is by this reference incorporated
herein, or that which is shown on any plans hereafter approved by
the Architectural Control Committee and the City of Arroyo
Grande. Each lot is required to accept surface waters from those
neighboring lots or common areas which are adjacent to it,
provided that said waters are discharged upon it pursuant to the
established drainage and provided that said waters are not so
discharged in undue concentration or velocity. It shall be the
duty and responsibility (and expense) of the discharging lot
owner not to discharge said waters in undue concentration or
velocity. Questions of undue concentration or velocity and other
questions involving the relative drainage rights and obligations
of neighboring properties shall be determined in the sole and
reasonable judgment of the Architectural Control Committee, whose
decision shall be final and conclusive. If, for any reason, the
Architectural Control Committee should fail to make a decision on
such a question, the question shall be finally and conclusively
decided by the Public Works Director of the City of Arroyo
Grande. It shall be the duty of the accepting lot owner to
construct and maintain at his or her own cost all drainage
structures, including those which have been offered for dedica-
tion but whose dedication has not been accepted by the City of
Arroyo Grande, required to convey surface waters across his or
her lot.
This provision is intended to provide freedom to each Owner
to deal with surface waters upon the Owner's lot in any way the
Owner wishes, provided that (a) the Owner shall not interfere
with structures which have been offered for dedication to a
public entity, and (b) the Owner's plan is first approved by the
Committee and the City of Arroyo Grande, and (c) The Owner's plan
does not work to the detriment or potential detriment of a
neighboring property without the Owner of that property's prior
written permission.
2.9 Other Easements: The common area and each lot are
subject to all easements, dedications, and rights of way granted
or reserved in, on, over and under the property as shown on the
Map. A summary of said easements is attached hereto as Exhibit B
and, by this reference, incorporated herein. In the event of
conflict between the Map and Exhibit B, the Map shall control.
2.10 Right of Entry and Use: The lots and common area
(including the Association Fence Easement) shall be subject to
the following rights of entry and use:
A. The right of the Association agents to enter any
lot to cure any violation of this Declaration or the Bylaws,
provided that the owner has received notice and a hearing as
required by the Bylaws (except in the case of an emergency) and
the owner has failed to cure the violation or take steps
necessary to cure the violation within thirty (30) days after the
finding of a violation by the Association;
VOL2J2U PAGE 451
B. The access rights of the Association to maintain,
repair or replace improvements or property located in the common
area as described in section 5.2.D;
C. The easements described in this Article II;
D. The right of the Association's agents to enter any
lot to perform maintenance as described in section 8.6;
E. The right of members of the Architectural Control
Committee or their authorized agents to enter the property for
inspection purposes as described in section 6.2;
F. The rights of the Declarant during the construction
period as described in section 8.10;
2.11 Partition of Common Area or Lots: There shall be no
subdivision or partition of the common area or of lots, nor shall
any owner seek any partition or subdivision thereof.
2.12 Care of Street Trees: The owner of each Lot shall be
• solely responsible for the care, watering, trimming, maintenance
and replacement of trees located within the Street Tree and
Public Utilities Easement upon said Owner's Lot. Should said
owner fail to perform such responsibility, the Association or
City of Arroyo Grande may perform same at said Owner's expense.
ARTICLE III
ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS
3.1 Association to Own and Manage Common Area: The
Association shall own and manage the common area in accordance
with the provisions of this Declaration, the Articles and Bylaws
of the Association.
3.2 Membership: The owner of a lot shall automatically,
upon becoming the owner of same, be a member of the Association,
and shall remain a member thereof until such time as his
ownership ceases for any reason. Membership shall be appurtenant
to and may not be separated from ownership of a lot. Membership
'shall be held in accordance with the Articles and Bylaws of the
Association.
3.3 Transferred Membership: Membership in the Association
shall not be transferred, encumbered, pledged, or alienated in
any way, except upon the sale or encumbrance of the lot to which
it is appurtenant, and then only to the purchaser in the case of
a sale, or only to a mortgagee in the case of an encumbrance of
such lot. On any transfer of title to an owner's lot, including
a transfer on the death of an owner, membership passes
automatically with title to the transferee.
A mortgagee does not have membership rights until it obtains
title to the lot through foreclosure or deed in lieu thereof.
Any attempt to make a prohibited transfer is void. No member may
8 VOL 292 PAGE 4 a2
resign his membership. On notice of a transfer, the Association
shall record the transfer on its books.
3.4 Membership Classes and Voting Rights: The Association
shall have two (2) classes of voting membership:
Class A. Class A members shall be all owners with the
exception of the Declarant (as defined in section 1.8) and shall
be entitled to one (1) vote for each lot owned. When more than
one (1) person holds an interest in any lot, all such persons
shall be members. The vote for such lot shall be exercised as
they among themselves determine, but in no event shall more than
one (1) vote be cast with respect to any lot and in no event
shall partial votes be counted; nor shall the Association be
required to decide which, among contesting claimants, is entitled
to cast the vote which is appurtenant to a particular lot.
Class B. The Class B member shall be the Declarant and
shall be entitled to vote as follows: Voting shall be the same
as for Class A memberships, except that the Class B member may
triple its votes for each lot owned. The Class B membership
shall cease and be converted to Class A membership on the
happening of either of the following events, whichever occurs
earlier: (a) When the total outstanding votes held by Class A
members equal the total outstanding votes held by the Class B
Members; or (b) On the second anniversary of the issuance of the
original final public report by the Department of Real Estate.
Any action by the Association which must have the approval
of the members before being undertaken shall require the vote or
written assent of a majority of each class of membership during
the time that there are two (2) outstanding classes of
membership. Where the vote or written assent of each class of
membership is required, any requirement that the vote of
Declarant be excluded is not applicable, except as provided in
section 8.14 hereof. After the conversion of Class B membership
to Class A membership, any provision herein requiring the
approval of members other than Declarant, except as provided in
section 8.14, shall mean the vote or written assent of a majority
of the total voting power of the Association (including
Declarant's vote(s)) and the vote or written assent of a majority
of the total voting power of members other than the Declarant.
Voting rights attributable to lots shall not vest until
assessments have been levied against those lots by the
Association.
ARTICLE IV
MAINTENANCE AND ASSESSMENTS
4.1 Creation of the Lien and Personal Obligation of
Assessments: The Declarant, for each lot owned within the
project, hereby covenants, and each owner of any lot by
acceptance of a deed therefor, whether or not it shall be so
expressed in such deed, is deemed to covenant and agree: (1) to
pay to the Association Annual assessments or charges and Special
9 VOL 292 PAGE 4 33
assessments for purposes permitted herein, such assessments to be
established and collected as hereinafter provided, and (2) to
allow the Association to enforce any assessment lien established
in accordance with the provisions of this Declaration by
nonjudicial proceeding under a power of sale or by any means
authorized by law. The Annual and Special assessments, together
with interest, costs, and reasonable attorneys' fees, shall be a
charge on the land and shall be a continuing lien upon the
property against which each such assessment is made, the lien to
become effective upon recordation of a notice of assessment.
Each such assessment, together with interest, costs, and
reasonable attorneys' fees, shall also be the personal obligation
of the person who was the owner of such property at the time when
the assessment fell due. No owner of a lot may exempt himself
from liability for his contribution towards the common expenses
by contract with a third party, by waiver of the use or enjoyment
of any of the common areas, or by the abandonment of his lot.
4.2 Purpose of Assessments: The assessments levied by the
Association shall be used exclusively to promote the economic
interests, recreation, health, safety, and welfare of all the
residents in the project and to provide insurance, improvement
and maintenance of the common area, for the common good of the
project.
4.3 Setting Assessments:
A. From and after January 1 of the year following the
conveyance of the first lot to an owner, the Board of Directors,
without a vote of the membership, may increase or decrease the
regular Annual assessment by not more than ten percent (10%) over
or below the regular Annual assessment for the preceding fiscal
year.
B. In any fiscal year the Board of Directors, without
a vote of the membership, may levy Special assessments which, in
the aggregate, do not exceed five percent (5 %) of the budgeted
gross expenses of the Association for that fiscal year. Special
assessments shall be levied on the same basis as regular Annual
assessments.
C. Any raising or lowering of the regular Annual
assessment or imposition of Special assessments in excess of the
limits set forth in Subparagraph A or B, above, by the Board of
Directors shall require the approval of owners other than the
Declarant casting a majority of the votes at a meeting or
election of the Association conducted in accordance with
Chapter 5 (commencing with Section 7510) of Part 3 of Division 2
of Title 1 of the California Corporations Code and Section 7613
of the California Corporations Code.
D. The provisions of the preceding Sub - Paragraphs A, B
and C do not limit assessment increases for the purposes of the
maintenance or repair of the common areas or other areas which
the Association is obligated to maintain or repair, including,
10 Vol 2926 PAGE 454
but not limited to, the payment of insurance premiums, the
payment of utility bills, the costs incurred in maintaining or
repairing structures or improvements, and funding reserves or
addressing emergency situations.
E. Funds from both regular Annual assessments and
Special assessments may, among other things, be used to fund new
or replacement capital improvements.
4.4 Reserves: As part of the regular Annual assessments
for maintenance authorized above, the Board of Directors shall
annually fix the amount to be contributed pro rata by each member
to reserve funds for the purpose of defraying, in whole or in
part, the cost or estimated cost of any reconstruction, repair or
replacement of improvements, including fixtures and personal
property related thereto. Such determination shall be made after
consideration of the need for additional funds and of the
Association's capital position. The Board shall maintain a
separate account for those reserve funds. The Board shall fix
the method of payment of such assessments and shall be empowered
to permit either lump sum or monthly payments. Separate records
shall be maintained for all funds deposited to the said account,
which shall be designated as a "Reserve Account ".
Amounts received by the Association as contributions,
assessments or dues from the owners shall be held in one (1) or
more accounts. Deposits shall be made, and funds accounted for,
so.that reserves for capital improvements and for replacement,
can be clearly separated from funds for operating expenses or
repair and maintenance funds. Capital improvement and replace-
ment funds shall be used solely for capital improvements and
replacements of the common area within the project.
4.5 Notice and Quorum for Any Action Authorized Under
Sections 4.3 or 4.4: Any action authorized under sections 4.3 or
4.4, which requires a vote of the membership, shall be taken at a
meeting called for that purpose, written notice of which shall be
sent to all members not less than ten (10) nor more than ninety
(90) days in advance of the meeting, specifying the place, day
and hour of the meeting and, in the case of a special meeting,
the nature of the business to be undertaken. The action may also
be taken without a meeting pursuant to the provisions of
California Corporations Code §7513.
4.6 Uniform Rate of Assessment: Both Annual and Special
assessments must be fixed at a uniform rate for all lots and may
be collected on a monthly basis.
4.7 Date of Commencement of Annual Assessments; Due Dates:
The regular assessments provided for herein shall commence as to
all lots on the first day of the month following the closing of
the first conveyance of a lot under authority of a public report
issued by the California Department of Real Estate.
11 V0L 2 PMGE 455
Subject to the provisions of section 4.3 hereof, the Board
of Directors shall use its best efforts to fix the amount of the
Annual assessment against each lot and send written notice
thereof to every owner at least sixty (60) days in advance of
each Annual assessment period, provided that failure to comply
with the foregoing shall not affect the validity of any
assessment levied by the Board. The due dates shall be
established by the Board of Directors. The Association shall,
upon demand, and for a reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the
assessments on a specified lot have been paid. Such a
certificate shall be conclusive evidence of such payment.
4.8 Effect of Nonpayment of Assessments: Any assessment
not paid within fifteen (15) days after the due date shall be
delinquent, shall bear interest at the rate of twelve percent
(12%) per annum from 30 days after the due date until paid, and
shall incur a late payment penalty in an amount to be set by the
Board from time to time, not to exceed the maximum permitted by
applicable law.
4.9 Transfer of Lot by Sale or Foreclosure: Sale or
transfer of any lot shall not affect the assessment lien.
However, the sale of any lot pursuant to mortgage foreclosure of
a first mortgage shall extinguish the lien of such assessments
(including fees, late charges, fines or interest levied in
connection therewith) as to payments which became due prior to
such sale or transfer (except for assessment liens recorded prior
to the mortgage). No sale or transfer shall relieve such lot
from liability for any assessments thereafter becoming due or
from the lien thereof.
Where the mortgagee of a first mortgage of record or other
purchaser of a lot obtains title to the same as a result of
foreclosure of any such first mortgage, such acquirer of title,
his successor and assigns, shall not be liable for the
assessments by the Association chargeable to such lot which
became due prior to the acquisition of title to such lot by such
acquirer (except for assessment liens recorded prior to the
mortgage). (No amendment of the preceding sentence may be made
without the consent of owners of lots to which at least sixty -
seven percent (67%) of the votes in the Association are allo-
cated, and the consent of the eligible mortgage holders holding
first mortgages on lots comprising fifty -one percent (51 %) of the
lots subject to first mortgages). The unpaid share of such
assessments shall be deemed to be common expenses collectible
from all of the lots including such acquirer, his successors or
assigns.
4.10 Priorities; Enforcement; Remedies: If an assessment
is delinquent, the Association may record a notice of delinquent
assessment and establish a lien against the lot of the delinquent
owner prior and superior to all other liens except (1) all taxes,
bonds, assessments and other levies which, by law, would be
superior thereto, and (2) the lien or charge of any first
12 VOL 2926 PAGE 456
mortgage of record (meaning any recorded mortgage or deed of
trust with first priority over other mortgages or deeds of trust)
made in good faith and for value. The notice of delinquent
assessment shall state the amount of the assessment, collection
costs, attorneys fees, late charges and interest, a description
of the lot against which the assessment and other sums are
levied, the name of the record owner, and the name and address of
the trustee authorized by the Association to enforce the lien by
sale. The notice shall be signed by any officer of the
Association or any management agent retained by the Association.
An assessment lien may be enforced in any manner permitted
by law, including sale by the court, sale by the trustee de-
signated in the notice of delinquent assessments, or sale by a
trustee substituted pursuant to California Civil Code §2934(a).
Any sale by the trustee shall be conducted in accordance with the
provisions of California Civil Code § §2924, 2924b, 2924c, 2924f,
2924g, and 2924h, including any successor statutes thereto,
applicable to the exercise of powers of sale in mortgages and
deeds of trust, or in any other manner permitted by law. Nothing
herein shall preclude the Association from bringing an action
directly against an owner for breach of the personal obligation
to pay assessments.
Fines and penalties for violation of restrictions are not
"assessments ", and are not enforceable by assessment lien.
The Association,• acting on behalf of the owners, shall have
the power to bid for the lot at foreclosure sale, and to acquire
and hold, lease, mortgage and convey the same. Where the
purchase of a foreclosed lot will result in a five percent (5%)
or greater increase in assessments, the purchase shall require
the vote or written consent of a majority of the total voting
power of the Association, including a majority of members other
than Declarant. During the period a lot is owned by the
Association following foreclosure: (1) No right to vote shall be
exercised on behalf of the lot; (2) No assessment shall be
assessed or levied on the lot; and (3) Each other lot shall be
charged, in addition to its usual assessment, its share of the
assessment that would have been charged to such lot had it not
been acquired by the Association as a result of foreclosure.
After acquiring title to the lot at foreclosure sale following
notice and publication, the Association may execute, acknowledge
and record a deed conveying title to the lot, which deed shall be
binding upon the owners, successors, and all other parties. Suit
to recover a money judgment for unpaid common expenses, and
attorneys' fees, shall be maintainable without foreclosing or
waiving the lien securing the same.
The Board may temporarily suspend the voting rights and
right to use recreational facilities of a member who is in
default in payment of any assessment, after notice and hearing,
as provided in the Bylaws.
13 VOL 2dd PAGE 4 J 1
4.11 Statutory Restriction on Assessments: Notwithstanding
anything herein to the contrary, the Board may not impose a
regular assessment that is more than ten percent (10%) greater
than the regular assessment for the Association's preceding
fiscal year or impose Special assessments which in the aggregate
exceed five percent (5%) of the budgeted gross expenses of the
Association for that fiscal year without the approval of owners
casting a majority of the votes at a meeting or election of the
Association conducted in accordance with Chapter 5 (commencing
with §7510) of Part 3 of Division 2 of Title 1 of the
Corporations Code and S7613 of the Corporations Code, provided,
that the foregoing provisions do not limit assessment increases
for the following purposes:
(1) The maintenance or repair of the common area or
other areas which the Association is obligated to maintain or
repair, including, but not limited to, the payment of insurance
premiums, the payment of utility bills, the costs incurred in
maintaining structures or improvements, and funding reserves; or
(2) Addressing emergency situations.
ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION
5.1 Duties: In addition to the duties enumerated in its
Articles of Incorporation and Bylaws, or elsewhere provided for
in this Declaration, and without limiting the generality thereof,
the Association shall perform the following duties:
A. Maintenance: The Association shall maintain and
repair the common area as defined in Section 1.6, including all
improvements and landscaping thereon, and all property owned by
the Association including without limitation, any recreational
facilities, parking areas, driveways, fences, irrigation systems,
lighting fixtures, and utility, sewer or drainage systems not
maintained by a public entity, utility company, or improvement
district;
If the Association incurs any maintenance or repair costs
because of the willful or negligent act or omission of any owner
or the owner's agents, occupants, or invitees, and such cost was
not covered by insurance maintained by the Association, the
Association shall charge the responsible owner who immediately
shall pay the charge to the Association together with interest
thereon at the rate of twelve percent (12 %) per annum (but not in
excess of the maximum interest rate authorized by law) from the
date the cost was incurred by the Association until the date the
charge is paid by the owner. If the owner disputes the charge,
the owner shall be entitled to a notice and a hearing as provided
in the Bylaws before the charge may be collected.
As part of its maintenance responsibilities, the Association
shall establish and maintain a fuel management program for the
primary purpose of reducing the fire danger on the property. The
14 VOL 2926 PAGE 458
program shall comply with all applicable state and local
governmental laws, ordinances, and regulations (but may contain
more restrictive measures), and may include, without limitation,
such fire control measures as weed abatement. The program may
require the lot owners to take certain specific fire control
measures, which measures may vary from lot to lot. The
Association shall periodically verify compliance with the fuel
management program, and shall have access to the lots on
reasonable notice for purpose of such verification. If an owner
fails to comply with the owner's obligations under the program,
the Association, in addition to any of its other rights and
remedies in the event of a breach of an obligation under this
Declaration, may bring an action in any court of appropriate
jurisdiction to enforce compliance, and shall be entitled to
recover its costs and attorneys fees in any such action. In
addition, the Association may, but is not obligated to, enter the
lot of the noncomplying owner and take the necessary measures to
bring the lot into compliance with the fuel management program.
The noncomplying owner immediately shall reimburse the
Association for all costs incurred in connection with such
corrective action, together with interest at the rate of twelve
(12%) per annum (but not to exceed the maximum rate authorized by
law) from the date the Association incurred the cost until the
date of reimbursement.
The Association shall periodically review the fuel
management program to keep it current with the current conditions
of the property. •
B. Insurance: The Association may obtain and continue
in effect, casualty insurance covering any improvements and
personal property owned by the Association, including, without
limitation, fire and extended coverage (special form) insuring
the current replacement cost thereof, and shall obtain and
continue in effect public liability insurance insuring the
Association and each owner for liability for the common area
(including any Association improvements located on the public
rights of way for Rancho Parkway and James Way) and a fidelity
bond covering officers, directors and members in an amount
determined by the Board, but in no event less than a sum equal to
three (3) months aggregate assessments on all lots plus reserve
funds if such bond is obtainable at reasonable cost.
All insurance shall contain "waiver of subrogation" as to
the Association, officers, directors, and members, and, if
reasonably obtainable, a cross - liability or severability of
interest endorsement insuring each insured against liability to
each other insured.
The minimum limits on the public liability insurance policy
shall be $1,000,000 single limit and shall include personal
injury, bodily injury, property damage and liability for nonowned
automobiles. In addition, the Association shall obtain and
continue in effect additional umbrella coverage of $1,000,000, or
as an alternative may carry a $2,000,000 single limit policy.
15 VOL 2 nn 4.6 PAGE 439
Worker's compensation insurance shall at all times be carried to
the extent required to comply with any applicable law. Officers'
and Directors' liability insurance shall be carried by the
Association to cover persons serving in such capacities (and to
cover committee members) if such coverage is available at
reasonable cost.
Insurance premiums shall be a common expense to be included
in the regular assessments levied by the Association, and amounts
necessary for the the insurance premiums shall be held in a
separate account of the Association and shall be used solely for
the payment of the master insurance policy premiums as such
premiums become due.
Each owner shall obtain and maintain, at the owner's sole
expense, fire and casualty coverage for improvements on the
owner's lot as may be required by any mortgagee of the owner's
lot and in no event less than the amount and type of fire and
casualty insurance required to be obtained and maintained as
determined by the Board. All such individually carried insurance
shall contain a waiver of subrogation by the carrier as to the
other owners, the Association, Declarant, and the first lender of
such lot.
Each buyer of a lot shall pay the portion of the premium(s)
attributable to his lot (prorated to the date of close of escrow)
for the policy or policies purchased by Declarant for the
Association.
All insurance policies shall be reviewed at least annually
by the Board in order to ascertain whether the coverage contained
in the policies is sufficient to make any necessary repairs or
replacement of the property which might be damaged or destroyed.
The limits and coverage shall be reviewed at intervals of
not less than three (3) years and adjusted, if necessary, to
provide such coverage and protection as the Association may deem
prudent.
C. Discharge of Liens: The Association shall
discharge by payment, if necessary, any lien against the common
area and charge the cost thereof to the member or members
responsible for the existence of the lien after notice and
hearing as provided in the Bylaws.
D. Assessments: The Association shall fix, levy,
collect and enforce assessments as set forth in Article IV
hereof.
E. Payment of Expenses: The Association shall pay all
expenses and obligations incurred by the Association in the
conduct of its business including, without limitation, all
licenses, taxes or governmental charges levied or imposed against
the property of the Association. n
16 VOL 2926 PAGE 4 6O
F. Enforcement: This Declaration may be enforced by
the Association, any member or, at the request of the Association
or any member, by the City of Arroyo Grande or other public
entity.
5.2 Powers: In addition to the powers enumerated in its
Articles of Incorporation and Bylaws, or elsewhere provided for
herein, and without limiting the generality thereof, the
Association shall have the following powers:
A. Easements: The Association shall have authority to
grant easements in addition to those shown on the Map where
necessary for utilities, cable television and sewer facilities
over the common area to serve the common area and lots.
B. Manager: The Association may employ a manager
and /or other persons and may contract with independent con-
tractors or managing agents to perform all or any part of the
duties and responsibilities of the Association, except for the
responsibility to levy fines, impose discipline, hold hearings,
file suit, record or foreclose liens, or make capital expendi-
tures, provided that any contract with a firm or person appointed
as a manager or managing agent shall not exceed a one (1) year
term, shall provide for the right of the Association to terminate
the same at the first annual meeting of the members of the
Association, and to terminate the same without cause or payment
of a termination fee on thirty (30) days' written notice, or for
cause on ten (10) days' written notice.
C. Adoption of Rules: The Association or the Board
may adopt reasonable rules not inconsistent with this Declaration
relating to the use of the common area and all facilities there-
on, and the conduct of owners and their tenants and guests with
respect to the property and other owners.
D. Access: For the purpose of performing construc-
tion, maintenance or emergency repair for the benefit of the
common area or the owners in common, the Association's agents or
employees shall have the right, after reasonable notice (except
in emergencies, not less than twenty -four (24) hours) to the
owner thereof, to enter any lot at reasonable hours. Such entry
shall be made with as little inconvenience to the owner as
practicable and any damage caused thereby shall be repaired by
the Board at the expense of the Association.
E. Assessments, Liens and Fines: The Association
shall have the power to levy and collect assessments in accord-
ance with the provisions of Article IV hereof. The Association
may impose fines or take disciplinary action against any owner
for failure to pay assessments or for violation of any provision
of the project documents. Penalties may include but are not
limited to fines, temporary suspension of voting rights, and
rights to the use of any recreational facilities, or other
appropriate discipline, provided the member is given notice and a
17 VOL 2926 PAGE 461
hearing as provided in the Bylaws before the imposition of any
fine or disciplinary action.
F. Enforcement: The Association shall have the power
to enforce this Declaration or to request the enforcement of it
by the City of Arroyo Grande or other public entity.
G. Acquisition and Disposition of Property: The
Association shall have the power to acquire (by gift, purchase or
otherwise), own, hold, improve, build upon, operate, maintain,
convey, sell, lease, transfer, or otherwise dispose of real or
personal property in connection with the affairs of the
Association. Any transfer of property shall be by document
signed by the President and Secretary after approval by three -
fourths (3/4) of the total voting power of the Association, which
shall include three - fourths (3/4) of the members other than
Declarant, or where the two (2) class voting structure is still
in effect, three - fourths (3/4) of the voting power of each class
of members.
H. Loans: The Association shall have the power to
borrow money, but only with the assent (by vote or written
consent) of three- fourths (3/4) of the total voting power of the
Association including three - fourths (3/4) of the members other
than Declarant, or where the two (2) class voting structure is
still in effect, three - fourths (3/4) of the voting power of each
class of members, and with the assent (by vote or written
consent) of the same proportion of members, to mortgage, pledge,
deed in trust, or hypothecate any or all of its real or personal
property as security for money borrowed or debts incurred.
I. Dedication: The Association shall have the power
to dedicate, sell, or transfer all or any part of the common area
to any public agency, authority, or utility for such purposes and
subject to such conditions as may be agreed to by the members.
No such dedication shall be effective unless an instrument has
been approved by three - fourths (3/4) of the total voting power of
the Association including three - fourths (3/4) of the members
other than Declarant, or where the two (2) class voting structure
is still in effect, three - fourths (3/4) of the voting power of
each class of members, agreeing to such dedication, sale or
transfer.
J. Contracts: The Association shall have the power to
contract for goods and /or services for the common area,
facilities and interests or for the Association, subject to
limitations set forth in the Bylaws, or elsewhere herein.
K. Delegation: The Association, the Board, and the
officers of the Association shall have the power to delegate
their authority and powers to committees, provided that the Board
shall not delegate its responsibility:
(1) To make expenditures for capital additions or
improvements chargeable against the reserve funds;
18 VOL 2926 PAGE 462
(2) To conduct hearings concerning compliance by
an owner or his tenant, lessee, guest or invitee with the
Declaration, Bylaws or rules and regulations promulgated by the -
Board;
(3) To make a decision to levy monetary fines,
impose special assessments against individual units, temporarily
suspend an owner's rights as a member of the Association or
otherwise impose discipline;
(4) To make a decision to levy regular or Special
assessments; or
(5) To make a decision to bring suit, record a
claim of lien or institute foreclosure proceedings for default in
payment of assessments.
L. Use of any Recreational Facilities: The
Association shall have the power to limit the number of an
owner's tenants or guests who may use any recreational
facilities, provided that all limitations apply equally to all
owners, unless imposed for disciplinary reasons after notice and
hearing.
M. Appointment of Trustee: The Association, or the
Board acting on behalf of the Association, has the power to
appoint or designate a trustee to enforce assessment liens by
sale as provided in section 4.10 and California Civil Code
51367(b).
N. Other Powers: In addition to the powers contained
herein, the Association may exercise the powers granted to a
nonprofit mutual benefit corporation under California
Corporations Code 57140.
5.3 Commencement of Association's Duties and Powers: Until
incorporation of the Association, all duties and powers of the
Association as described herein, including all rights of consent
and approval, shall be and remain the duties and powers of the
Declarant. From and after the date of incorporation of the
Association, the Association shall assume all duties and powers,
and the Declarant shall be relieved of any further liability
therefor.
ARTICLE VI
ARCHITECTURAL CONTROL
6.1 The Architectural Control Committee: An Architectural
Control Committee (the "Committee ") shall be established. The
Committee shall have not less than three (3) nor more than five
(5) members, any one or more of which may be non - members of the
Association. Declarant may appoint all of the original members
of the Committee and all replacements until the first anniversary
of the issuance of the original public report by the California
19 voL2ac.OPAGE4f3
•
'Department of Real Estate, and thereafter may appoint a majority
of the members until either 90% of all lots in the project have
been sold or until the third anniversary of the date of the
original issuance of the final public report, whichever first
occurs. After one year from the date of issuance of the original
public report, the Board may appoint one member to the Committee
until 90% of the lots in the project have been sold or until the
third anniversary of the date of the original issuance of the
final public report for the project, whichever first occurs.
Thereafter the Board shall appoint all of the members of the
Committee.
Members shall serve for a two (2) year term. Initial
appointments shall be made so that approximately one -half of the
terms of Committee members expire each year. If a member is
removed from the Committee for any reason during his term, the
person appointing the member shall immediately appoint a
replacement for the balance of the removed member's term. Until
a replacement is named, the remaining members of the Committee
shall have full authority to act on behalf of the Committee. No
member of the Committee shall be entitled to any compensation for
serving as a member.
All actions of the Committee shall be governed by a majority
vote of the members. The Committee shall meet at such times and
places as it shall designate. The Committee shall enforce the
requirements set forth in this Declaration regarding the type,
location, quality, size, height, use, and other matters relating
to any improvements or landscaping to be constructed or installed
on the lots and shall establish guidelines and procedures,
subject to confirmation by the Board, for reviewing all plans and
specifications submitted to it for approval. Any such procedure
shall provide for notification to immediately adjoining lot
Owners of the initial time and place for consideration by the
Committee for approval of plans for construction. The Committee
shall be responsible for periodic review and modification of the
guidelines and procedures, with any substantial modifications
being subject to confirmation by the Board. A copy of the
current guidelines and procedures shall be supplied to any lot
owner upon request.
The Committee's primary goal shall be to insure the
construction and maintenance of a first class residential
project. Factors that shall be considered in approving or
rejecting proposed plans and specifications shall include,
without limitation: (i) conformity and harmony of external
design with other lots in the project; (ii) effect which the
location and orientation of the proposed improvement on its lot
will have on neighboring lots, including considerations of
unnecessary interferences with existing or potential views; (iii)
relationship of the topography, grade and finished ground
elevation to that of adjoining lots, including considerations of
causing undue constraints or excessive site work to those
adjoining lots which have not yet been developed; (iv) proper
facing of elevations with respect to nearby streets and adjoining
20 VOL 2926 PAGE 464
lots; and (v) overall conformity with the general purpose of the
project, the restrictions in this Declaration, and the guidelines
developed pursuant hereto.
6.2 Approval: None of the following actions shall take
place on any lot without the prior written approval of the
Committee:
A. Any construction, installation, repair (including
exterior painting), replacement, alteration, addition or removal
of any building, outbuilding, structure, footing, foundation,
slab, wall, fence, garage, trash enclosure, storage area,
driveway, parking area, berm, utilities (gas, electricity,
telephone, water, or otherwise), or other exterior improvement or
fixture, whether surface or subsurface;
B. Any planting or landscaping (including the removal
of any trees in excess of four (4) inches in diameter);
C. Any grading, excavation, or site preparation; or
D. Any placement or storage of building materials or
temporary structures (including trailers, portable toilets,
tents, mobile homes, motor homes, offices or vehicles).
Approval shall require the applicant to submit to the
Committee written plans and specifications in a manner and form
satisfactory to the Committee and over the signature of the owner
of the lot to be improved or of said owner's authorized agent.
All plans and specifications shall conform with the guidelines
established by the Committee. Plans shall adequately describe
and show the proposed improvements; plot layout; all exterior
elevations, materials and colors; landscaping plans (including
the type and location of structural elements and sodding, seed-
ing, trees, hedges, shrubs and irrigation); number, size and
layout of parking; storage areas; trash enclosures; animal
enclosures; existing topography, grading, drainage and excavation
plans, finish grades and finish elevations of all floor surfaces
and roof lines; easements and utility locations; proposed fenc-
ing; construction schedule; and such other information as the
Committee shall require. The Committee may, from time to time,
grant variances or exceptions from the guidelines or procedures
it has established for approving plans and specifications, which
variances or exceptions may contain such conditions and time
limitations as the Committee deems appropriate.
The Committee may require the applicant to pay in advance or
reimburse the Association for any costs incurred by the Committee
in reviewing plans and specifications, including without
limitation, any costs incurred in retaining consultants to assist
the Committee in making its review. Except as paid or reimbursed
by the applicant, any costs incurred by the Committee in the
performance of its duties shall be paid by the Association.
2l voL 2926 PAGE 465
If the Committee fails to approve or disapprove any plans
and specifications within sixty (60) days of receipt by the
Committee of the complete package of materials set forth in the
Committee's guidelines and procedures, including any advance
payments required by the Committee, the plans and specifications
shall be deemed approved unless a written extension is executed
by the person submitting the plans. The Committee may require
the submitting party to submit further detail or clarification
material with regard to any aspect of the plans or specifica-
tions. Any time taken by the submitting party to supply same and
any time taken by a consultant retained by the Committee or at
the Committee's direction, to supply his report or findings shall
not be counted in determining said sixty (60) day period. All
approved improvement work, once started, shall be diligently
constructed and completed in accordance with the approved or
deemed approved plans and specifications.
It shall be the responsibility of the owner of the lot to
promptly bring to the attention of the Committee any changes,
sought to be made during construction, from the plans and
specifications previously approved or deemed approved by the
Committee, except for any such changes as will not be visible
from the exterior of any structure sought to be changed. The
changes proposed to be made shall be clearly demonstrated in
writing and on the previously approved plans and delivered to the
Committee. The Committee shall expeditiously consider such
proposed changes and, unless disapproved by the Committee within
ten(10) business days of receipt, or unless said time limitation
is extended in writing signed by the owner, the plans and
specifications shall be deemed approved as changed; provided
however, that no change deemed approved by the Committee's
failure in this manner to act shall be effective to increase the
overall height of any portion of a structure, materially change
the external materials, colors, elevations, roof materials or
slope, drainage, minimum size or any specific requirements or
restrictions set forth in Article VII of this Declaration.
Any member of the Committee, or any authorized agent of the
Committee, may from time to time and at any reasonable hour
(reasonable prior notice shall be given in the case of an
inhabited dwelling), but not later than sixty (60) days after
completion of the improvement(s) in question, enter any lot for
the purpose of inspecting any installation, construction, repair,
replacement, or removal to insure compliance with the plans and
specifications as previously approved by the Committee. In the
event that any Committee member is denied entry at a reasonable
hour when requested (without a reasonable time substitute being
arranged at the time entry is denied), the time limitation shall
be extended to sixty (60) days after notification by the owner to
the Committee and to that Committee member that he will be
permitted to enter. No time limitation as to inspection shall
apply in the event of any action enumerated in A., B., C., or D.,
above, which was conducted without previous approval by the
Committee of the plans and specifications therefor.
22 VOL G 9L C PAGE 466
If the said sixty (60) day time period is applicable, and
for any reason the Committee fails to notify the owner of any
noncompliance within the stated time limitation, then the im-
provement shall be deemed to be in accordance with approved plans
and specifications.
Within said sixty (60) day time period (or at any time if no
limitation applies), if the Committee finds that such work was
not done in compliance with previously approved plans and
specifications, it shall notify the owner in writing of such
non - compliance, specifying the particulars of non - compliance, and
shall require the owner to remedy same. If upon the expiration
of thirty (30) days from the date of such notification the owner
shall have failed to remedy such non - compliance, the Committee
shall notify the Board in writing of such failure. Upon notice
and hearing, the Board shall determine whether there is a
non - compliance and, if so, the nature thereof and the estimated
cost of correcting or removing same. If anon- compliance exists,
the Owner shall remedy or remove the same within a period of not
more than forty -five days from the date of announcement of the
Board ruling. If the owner does not comply with the Board ruling
within such period, the Board, at its option, may either remove
the non - complying "improvement" or remedy the non - compliance, and
the owner shall reimburse the Association, upon demand, for all
expenses incurred in connection therewith. If such expenses are
not promptly repaid by the owner to the Association, the Board
shall levy an assessment against such owner and the owner's lot
for reimbursement pursuant to the Article entitled "Maintenance
and Assessments" and the section entitled "Special Assessments ".
6.3 Nonliability: The Association, the Committee, the
Declarant, or the other lot owners, or their respective
successors or assigns, shall not be liable to any person sub-
mitting plans to the Committee for approval or to other lot
owners or occupants by reason of any act or omission arising out
of or in connection with the approval or disapproval of any plans
or specifications. Approval shall not constitute any warranty or
representation by the Committee or its members that the plans
satisfy any applicable governmental law, ordinance, or regula-
tion, or that any improvement constructed in accordance with the
'plans shall be structurally sound or fit for the use for which it
was intended or safe for use or occupancy. Applicants shall make
their own independent verification of the foregoing and shall not
rely on the Committee or Board, or their members or consultants,
in any manner in this regard.
6.4 Governmental Approval: Before commencement of any
alteration or improvements approved by the Architectural Control
Committee, the owner shall comply with all appropriate govern-
mental laws and regulations. Approval by the Committee does not
satisfy the appropriate approvals that may be required by any
governmental entity with appropriate jurisdiction. Development
plans, for example, shall be subject to architectural review by
the Planning Commission or City Council of the City of Arroyo
Grande.
23 vo1 2926 PAGE 467
6.5 Variances: The Architectural Control Committee may
authorize variances from compliance with any of the architectural
provisions of this Declaration, including restrictions upon
height, size, floor area or placement of structures, or similar
restrictions, when circumstances such as topography, natural
obstructions, hardship, aesthetic or environmental consideration
may require and neighboring properties will not be substantially
affected in an adverse way. Such variances must be evidenced in
writing by the Committee setting forth in detail the need for the
variance, the rationale for granting it and any conditions
imposed upon the granting of it. A copy of the variance shall be
kept with the permanent records of the Committee and must be
signed by at least three (3) members of the Committee before
becoming effective. If such a variance is granted, no violation
of the covenants, conditions and restrictions contained in this
Declaration shall be deemed to have occurred with respect to the
matter for which the variance was granted. The granting of such
a variance shall not operate to waive any of the terms and
provisions of this Declaration for any purpose except as to the
particular lot and particular provision hereof covered by the
variance, nor shall it affect in any way the Owner's obligation
to comply with all governmental laws and regulations affecting
his or her use of the lot including, but not limited to, zoning
ordinances and lot set -back lines or requirements imposed by any
governmental or municipal authority.
ARTICLE VII
ARCHITECTURAL AND USE RESTRICTIONS
In addition to all of the covenants contained herein, the
use of the property and each lot therein is subject to the
following:
7.1 Use of Lot: No lot shall be occupied or used except
for residential purposes by the owners, their tenants, and social
guests. No tent, shack, trailer, mobilehome, motor home, boat
recreational vehicle, camper, basement, garage, outbuilding or
structure of a temporary character shall be used on any lot at
any time as a residence, either temporarily or permanently.
7.2 No health care facilities operating as a business or
charity shall be permitted in the project.
7.3 Nuisances: No noxious, illegal, loud, or seriously
offensive activities shall be carried on upon any lot, or any
part of the property, nor shall anything be done thereon which
may be or may become a nuisance to, or which may in any way
interfere with, the quiet enjoyment of each of the owners of his
respective lot.
7.4 Vehicle Restrictions: No trailer, camper, mobile home,
motor home, recreational vehicle, off -road vehicle, animal
transportation vehicle, motorcycle, motorbike or motor driven
cycle, commercial vehicle, truck (other than standard size pickup
24 VOL 900C: PAGE 468
NNW
truck or standard size van), boat, inoperable automobile, or
similar equipment shall be permitted to remain upon any area
within the property, unless placed or maintained within an
enclosed garage or carport. No off -road vehicles shall be used
anywhere on the property for purposes of recreation. Commercial
vehicles shall not include sedans (or standard size vans or
pickup trucks) which are used both for business and personal use,
provided that any signs or markings of a commercial nature on
such vehicles shall be unobtrusive and inoffensive as determined
by the Committee or Board. No noisy or smokey vehicles shall be
operated on the property. No unlicensed motor vehicles shall be
operated upon the property. Twenty -four (24) hours after notice
has been personally delivered to the owner of a vehicle described
in this section 7.4 by an agent of the Committee or Association
or placed on the windshield of a vehicle, or seventy -two (72)
hours after notice has been mailed to the address of the
registered owner of a vehicle parked, stored, or maintained on
the premises in violation of the provisions of this Declaration,
the vehicle owner shall be deemed to have consented to the
removal of said vehicle from the project, and the Association or
its agents or employees shall have the authority to tow away and
store any such vehicle, whether said vehicle shall belong to a
lot owner, or his tenant, a member of his family, or his guest or
invitee. Charges for such towing and storage shall be paid by
the lot owner responsible or vicariously responsible for the
presence of such vehicle.
7.5 Commercial Activity: No business, professional, or
commercial activity of any kind (including garage or other sales
more often than once per year) shall be conducted on any lot.
7.6 Storage in Common Area: Nothing shall be stored or
disposed of in the common area without the prior consent of the
Board.
7.7 Signs: Signs advertising lots for sale or rent may be
displayed, one on a lot, without prior approval of the Committee
or Board, provided that such signs are of reasonable and
customary size. Such signs may also be displayed at such
additional location or locations as shall be designated for such
purpose by the Committee or Board. A modestly sized and
tasteful, as determined in the sole discretion of the Committee
or Board, sign designating the architect, general contractor
and /or construction lender may also be placed without prior
approval on any lot with a dwelling then being constructed
thereon. The Committee may develop non - prejudicial rules allow-
ing for the display of political signs. Except as expressly
permitted by this section 7.7, no signs shall be displayed to the
public view on any lot or on any portion of the property unless
first approved by the Committee or Board.
7.8 Animals: No animals, birds, insects or reptiles of any
kind shall be raised, bred or kept on any lot for any commercial
purpose, unless approved in advance by the Board and unless such
use complies with all applicable laws, ordinances and regulations
25 VOL 2 PAGE 469
•
of all governmental entities. Notwithstanding the foregoing
sentence, or any use permitted by law, no owner shall be
permitted to keep any of the following on any lot: goats, pigs,
sheep, horses, cows (or other bovine or equine animals), poultry,
foxes, peacocks, or wild animals of any kind. No more than three
(3) dogs may be kept at any one time on a lot except that puppies
born of these animals may be kept in addition to the foregoing
number for a period of not more than three (3) months following
their birth. No more than three (3) cats may be kept on a lot at
any one time, except for kittens born of theses animals and as
described in the preceding sentence. All animals shall be
appropriately confined within the lot of their owners. The
Association may establish rules and regulations regarding access
to and use of any common area by animals owned or maintained by
any owner, tenant or guest. No owner shall allow any animal
maintained on the owner's lot to roam in the common area or on
any other portion of the project unless the animal is under
direct control of a person capable of controlling the animal. An
owner shall be responsible for any damage or injury caused by an
animal maintained on the owner's lot.
7.9 Garbage and Refuse Disposal: All rubbish, trash and
garbage shall be regularly removed from the lots, and shall not
be allowed to accumulate thereon. Trash, garbage and other waste
shall not be kept except in sanitary containers. All equipment
for the storage or disposal of such materials shall be kept in a
clean and sanitary condition, and shall be screened from view of
neighboring lots, common areas and streets.
7.10 Radio and Television Antennas: No external antennas,
towers, poles, dishes, or any structure to be used for the
purpose of transmitting or receiving radio, television or similar
signals with the exception of equipment installed by a duly
licensed cable television franchisee, or its successors or
assigns, shall be installed, affixed, mounted or constructed on
the property so as to be visible to the public view or to another
lot owner. No alteration to or modification of a central radio
and /or television antenna system or cable television system,
whichever is applicable, if developed by Declarant, or by a
franchisee, and as maintained by the Association or by a
franchisee shall be permitted, and no owner may be permitted to
construct and /or use and operate his own external radio and /or
television antenna or other electronic antenna without the prior
consent of the Board. All citizens band and amateur broadcasting
equipment shall be registered with the Board and shall not be
used so as to interfere with any activities whatsoever of
occupants of other lots. All fees for the use of any cable
television system shall be borne by the respective lot owners,
and not by the Association.
7.11 Clothes Lines: No exterior clothes lines shall be
erected or maintained and there shall be no outside laundering or
drying of clothes.
26 A 2926 PAGE 4 I O
7.12 Liability of Owners for Damage to Common Area: The
owner of each lot shall be liable to the Association for all
damage to the common area improvements (including landscaping)
caused by such owner or the owner's agents, occupants, invitees,
or animals, except for that portion of damage covered by any
insurance carried by the Association. The responsible owner
shall be charged with the cost of repairing such damage
(including interest thereon) as described in section 5.1.A.
7.13 Leasing of Lots: No owner shall be permitted to lease
his lot or any portion of a structure thereon for any period less
than thirty (30) days. Any lease agreement shall be required to
provide that the term of the lease shall be subject in all
respects to the provisions of the Declaration, Articles and
Bylaws and to all house rules and regulations adopted by the
Board and Committee and that any failure of the lessee to comply
with the terms of such documents shall be a default under the
lease. All leases shall be required to be in writing. Other
than the foregoing, there is no restriction in the right of any
owner to lease his lot. All owners leasing or renting their lots
shall promptly notify the Secretary of the Association in writing .
of the names of all tenants and members of tenant's family
occupying such lot and of the address and telephone number where
such owner can be reached.
7.14 Common Area Parking: Parking in any spaces provided
in the common area shall be pursuant to rules and regulations
adopted by the Board.
7.15 Minimum Size: The dwelling on each lot shall have a
minimum living area of not less than 1,750 square feet of floor
area, excluding garages, patios, verandas, decks, open atriums
and entryways, and appurtenant structures. The dwelling on each
lot shall have an enclosed garage capable of storing not less
than two full -sized American automobiles with at least 75 square
feet of floor space to spare.
7.16 Minimum Setbacks and Sideyards: All dwellings and
their garages shall be set back a minimum of 20 feet from the
fronting street. Corner dwellings and garages shall be set back
a minimum of 20 feet from the side street. All other dwellings
and garages shall have a minimum sideyard of 10 feet. All
dwellings and garages shall be set back at least 15 feet from the
rear boundary.
7.17 Height Limitations: The maximum height of any
structure constructed on a lot shall not exceed the maximum
height for such a structure allowed by the City of Arroyo Grande
in similar areas of the said City. Within said maximum limita-
tion, the Architectural Control Committee shall, pursuant to its
objectives as stated in Paragraph 6.1 of this Declaration, limit
the heights of structures or portions of structures to be con-
structed. The Committee may, whenever deemed reasonably
necessary in its judgment in order to preserve a significant view
from a neighboring lot (without a multi -story building becoming
27 voL 292
PAGE 4 (1
necessary on that neighboring lot in order to enjoy said view)
limit the height of a building to a single story or to a particu-
lar height dimension.
7.18 Architectural Style: The architectural style of every
structure proposed for the property will be reviewed on a
case -by -case basis with a view toward establishing an overall
contemporary mix of Spanish, Ranch and Western architectural
styles. No ultra- modern, outlandish or sharply contrasting style
will be permitted.
7.19 Roofs: The minimum roof slope shall be 3:12. The
maximum roof slope shall be 12:12. Flat roofs are prohibited.
Roof overhangs shall be incorporated into designs, especially in
conjunction with verandas and patio areas. All roofing material
shall be Class "A" fire rated, such as clay tile, cement tile or
similar types of hard surface roofing. Shingle, shake, composi-
tion, asphalt shingle, rock, or built -up roofs will not be
permitted.
7.20 Exterior Walls: No more than fifty (50) per cent of
the exterior walls of any dwelling shall be covered with wood or
simulated wood finish material. Reflective materials, except for
hardware, shall be prohibited as exterior wall material. Cement
plaster and unfinished stabilized adobe block shall be preferred
exterior wall materials. Colors on exterior surfaces, including
roofs, shall be subdued. Blue -white colors shall be avoided.
Shades of white or brown, with warm overtones, shall be pre-
ferred. The color palate for the property shall be in colors of
natural materials which are present on the lots and adjacent
natural areas and view sheds.
7.21 Windows and Window Coverings: Window frames shall be
painted wood, dark bronze aluminum or dark color baked enamel.
Skylight frames shall be painted to match adjacent building
material. Brightly colored or strong geometric patterns for
window coverings which are visible from the streets or other lots
are prohibited. Awnings, shades, blinds, shutters and films,
foils or coatings shall be subject to approval of the Committee.
Stained and /or etched or otherwise colored glass shall be subject
to approval of the Committee.
7.22 Fences: All fences constructed on the property shall
be subject to prior approval of the Committee as to material,
color, structure, height and location. As soon as is
practicable, the Committee shall develop written guidelines
stating preferences to assist lot owners in making their
applications for approval.
7.23 Landscaping: The front yard of all lots and any side
yard facing a public street shall be landscaped according to
plans and specifications submitted for approval of the Committee
prior to, or at the time of, submittal of plans and
specifications for the construction of a dwelling on such lot.
All such landscaping shall be completed not later than one year
28
V012926 PAGE 472
following occupancy of the dwelling. All trees planted shall be
a minimum of 15 gallons and all shrubs a minimum of 5 gallons in
size. The lot owner shall include in his development plans the
planting of newly created banks or slopes in order to control
erosion and to minimize the visual effect. Each lot shall have
at least one tree of a type allowed by the City of Arroyo Grande
on the street side of the dwelling, the location of which tree
can be either within the six foot Street Tree and Public
Utilities Easement or such other location as may be agreed upon
by the Owner, the Committee and the City of Arroyo Grande. The
Owner shall be solely responsible for the care, trimming, water-
ing and other maintenance or replacement of such tree(s). Any
such replacement shall require the approval of the Committee and
the City of Arroyo Grande as to location, size and type of tree.
All such trees shall be maintained so as to not substantially or
unreasonably interfere, in the sole judgment of the Committees
with a significant view from a neighboring dwelling. In the
event that Owner should fail to perform such responsibilities,
then the Association and /or the City of Arroyo Grande may perform
same at said Owner's expense.
7.24 Utilities and External Fixtures: All utilities to
structures on the lots shall be placed underground. All ducts,
meters, air conditioning equipment, solar panels, water softening
equipment and other mechanical equipment, including pipes, wiring
and insulation associated with it shall be reasonably screened
from view from public areas and neighboring lots. Noise from all
such equipment shall be similarly screened.
7.25 Street Numbers and Lighting: Street numbers shall be
posted for all dwellings in a manner that they shall be easily
read from the street by day or night. All external lighting
shall be constructed so that glare is directed away from public
rights of way and neighboring windows.
ARTICLE VIII
GENERAL PROVISIONS
8.1 Enforcement: The Association, or any owner, or at the
request of the Association or any owner, the City of Arroyo
Grande or other public entity, shall have the right to enforce,
by any proceeding at law or in equity, or by permitting
processes, all restrictions, conditions, covenants, reservations,
liens, and charges now or hereafter imposed by the provisions of
this Declaration, the Articles and the Bylaws, and in any such
court action shall be entitled to recover reasonable attorneys'
fees as are ordered by Court. In the event of failure by the
Association to reasonably maintain the common area, the City of
Arroyo Grande, after reasonable notice to the Association, may
perform such maintenance at the expense of the Association.
Failure by the Association, or by any owner, or by the City of
Arroyo Grande where permitted, to enforce any covenant or re-
striction herein contained shall in no event be deemed a waiver
of the right to do so thereafter.
29 a. 2926 PACE 473
8.2 Invalidity of Any Provision: Should any provision or
portion hereof be declared invalid or in conflict with any law of
the jurisdiction where this project is situated, the validity of
all other provisions and portions hereof shall remain unaffected
and in full force and effect.
8.3 Term: The covenants and restrictions of this
Declaration shall run with and bind the property, and shall inure
to the benefit of and shall be enforceable by the Association or
the owner of any property subject to this Declaration, their
respective legal representatives, heirs, successors, and assigns,
for a term of thirty (30) years from the date this Declaration is
recorded, after which time they shall be automatically extended
for successive periods of ten (10) years, unless an instrument in
writing, signed by a majority of the then owners of the lots, has
been recorded within the year preceding the beginning of each
successive period of ten (10) years, agreeing to change said
covenants and restrictions in whole or in part, or to terminate
the same.
8.4 Amendments: Prior to close of escrow on the sale of
the first lot, Declarant may amend this Declaration, with the
consent of the Department of Real Estate of the State of
California. After sale of the first lot, this Declaration may be
amended only by the affirmative vote (in person or by proxy) or
written consent of members representing a majority of the total
voting power of the Association, and a majority of the
affirmative votes or written consent of members other than the
Declarant, or where the two (2) class voting structure is still
in effect, a majority of each class of membership. However, the
percentage of voting power necessary to amend a specific clause
shall not be less than the prescribed percentage of affirmative
votes required for action to be taken under that clause. Any
amendment must be certified in writing, executed and acknowledged
by the President or Vice President of the Association and
recorded in the Recorder's Office of the County of San Luis
Obispo. No amendment shall adversely affect the rights of the
holder of any mortgage of record prior to the recordation of such
amendment.
8.5 Rights of First Lenders: No breach of any of the
covenants, conditions and restrictions contained herein, nor the
enforcement of any lien provisions herein, shall render invalid
the lien of any first mortgage (meaning a mortgage with first
priority over any other mortgage) on any lot made in good faith
and for value, but all of said covenants, conditions and
restrictions shall be binding upon and effective against any
owner whose title is derived through foreclosure or Trustee's
Sale, or otherwise. Notwithstanding any provision in this
Declaration to the contrary, first lenders shall have the
following rights:
A. Copies of Project Documents: The Association shall
make available to lot owners and first lenders, and to holders,
30 VOL 2 926 PAGE 474
insurers or grantors of any first mortgage, current copies of the
Declaration, Bylaws, Articles or other rules concerning the
project and the books, records and financial statements of the
Association. "Available" means available for inspection and
copying, upon request, during normal business hours or under
other reasonable circumstances.
B. Audited Statement: Any holder, insurer or
guarantor of a first mortgage shall be entitled, upon written
request, to an audited financial statement for the immediately
preceding fiscal year, free of charge to the party so requesting.
Such statement shall be furnished within a reasonable time
following such request.
C. Notice of Action: Upon written request to the
Association, identifying the name and address of the eligible
mortgage holder or eligible insurer or guarantor, and the lot
number or address, such eligible mortgage holder or eligible
insurer or guarantor will be entitled to timely written notice
of: (1) Any condemnation loss or any casualty loss which affects
a material portion of the project or any lot on which there is a
first mortgage held, insured, or guaranteed by such eligible
mortgage holder or eligible insurer or guarantor, as applicable;
(2) Any default in performance of obligations under the project
documents or delinquency in the payment of assessments or charges
owed by an owner of a lot subject to a first mortgage held,
insured or guaranteed by such eligible mortgage holder or
eligible insurer or guarantor, which remains uncured for a period
of sixty (60) days; (3) Any lapse, cancellation or material
modification of any insurance policy or fidelity bond maintained
by the Association; (4) Any proposed action which would require
the consent of a specified percentage of eligible mortgage
holders as specified in section 8.5.D. The Association shall
discharge its obligation to notify eligible holders or eligible
insurers or guarantors by sending written notices required herein
to such parties, at the address given on the current request for
notice, in the manner prescribed by section 8.13.
D. Consent to Action:
(1) Except as provided by statute or by other
provision of the project documents in case of substantial
destruction or condemnation of the project, and further excepting
any reallocation of interests in the common area which might
occur pursuant to any plan of expansion or phased development:
(a) The consent of owners of lots to which
at least sixty -seven percent (67%) of the votes in the
Association are allocated and the approval of eligible mortgage
holders holding mortgages on lots which have at least sixty -seven
percent (67%) of the votes of lots subject to eligible holder
mortgages, shall be required to terminate the legal status of the
project as a planned unit development project;
31 VOL 2 PAGE 475
(b) The consent of owners of lots to which
at least sixty -seven percent (67%) of the votes in the
Association are allocated and the approval of eligible mortgage
holders holding mortgages on lots which have at least fifty -one
(51%) of the votes of the lots subject to eligible holder
mortgages, shall be required to add or amend any material
provisions of the project documents which establish, provide for,
govern or regulate any of the following: (i) voting; (ii)
assessments, assessment liens or subordination of such liens;
(iii) reserves for maintenance, repair and replacement of the
common area; (iv) insurance or fidelity bond; (v) rights to use
of common area; (vi) responsibility for maintenance and repair of
the several portions of the project; (vii) expansion or
contraction of the project or the addition, annexation or
withdrawal of property to or from the project (except as provided
in paragraph D(1) above; (viii) boundaries of any lot; (ix) the
interests in the common area; (x) convertability of lots into
common areas or of common areas into lots; (xi) leasing of lots;
(xii) imposition of any right of first refusal or similar
restriction on the right of a lot owner to sell, transfer, or
otherwise convey his or her lot; (xiii) any provisions which are
for the express benefit of mortgage holders, eligible mortgage
holders, or eligible insurers or guarantors of first mortgages on
lots;
(c) An addition or amendment to such
document shall not be considered material if it is for the
purpose of correcting technical errors, or for clarification
only. An eligible mortgage holder who receives a written request
to approve additions or amendments who does not deliver or post
to the requesting party a negative response within thirty (30)
days shall be deemed to have approved such request.
(2) Unless the holder(s) of at least two - thirds
(2/3) of the first mortgages (based upon one (1) vote for each
first mortgage or deed of trust owned), or two- thirds (2/3) of
the owners (other than Declarant) of the individual lots in the
project have given their prior written approval, the Association
and /or the owners shall not be entitled to:
(a) By act or omission, seek to abandon or
terminate the project, or abandon, partition, subdivide,
encumber, sell or transfer the common area or property owned
directly or indirectly by the Association (the granting of
easements for public utilities or for other public purposes
consistent with the intended use of such property shall not be
deemed a transfer within the meaning of this clause) except for
abandonment or termination provided by law in the case of
substantial destruction by fire or other casualty, or in the case
of a taking by condemnation or eminent domain; or
(b) Change the method of determining the
obligations, assessments or dues or other charges which may be
levied against an owner; or
32 VOL 2 PAGE 476
(c) By act or omission, change, waive or
abandon any scheme of regulations, or enforcement thereof,
pertaining to the architectural design or the exterior appearance
of lots, the exterior maintenance of lots, the maintenance of the
common area walks or fences and driveways, or the upkeep of
landscaping in the common area; or.
(d) Use hazard insurance proceeds for losses
to any Association common property for other than the repair,
replacement or reconstruction of such common area property.
E. Right of First Refusal: The Association shall not
impose a right of first refusal or similar restriction on the
right of a lot owner to sell, transfer, or otherwise convey his
or her lot.
F. Contracts: Any agreement for professional
management of the project, or lease or any other contract
providing for services of the developer, sponsor, or builder, may
not exceed one (1) year. Any such agreement, contract, or lease,
including a management contract entered into prior to passage of
control of the Board to lot purchasers must provide for
termination by either party for cause on ten (10) days' written
notice, or without cause and without payment of a termination fee
or penalty on thirty (30) days' or less written notice.
G. Reserves: Association dues or charges shall
include an adequate reserve fund for maintenance, repairs, and
replacement of those improvements which the Association is
obligated to maintain that must be replaced on a periodic basis,
and the assessments therefor shall be payable in regular
installments rather than by special assessments.
H. Priority of Liens: Any first lender who obtains
title to a lot pursuant to the remedies provided in the mortgage
or foreclosure . of the mortgage will not be liable for such lot's
unpaid assessments and fees, late charges, fines or interest
levied in connection therewith which accrue prior to the
acquisition of title to such lot by the mortgagee (except for
claims for a pro rata share of such assessments or charges
resulting from a pro rata reallocation of such assessments or
charges to all project lots including the mortgaged lot, and
except for assessment liens recorded prior to the mortgage).
I. Distribution of Insurance or Condemnation Proceeds:
No owner or any other party shall have priority over any rights
of first lenders pursuant to their mortgages in the case of a
distribution to lot owners of insurance proceeds or condemnation
awards for losses to or taking of common area property.
J. Restoration or Repair: Any restoration or repair
of the project, after a partial condemnation or damage due to an
insurable hazard, shall be performed substantially in accordance
with the Declaration and the original plans and specifications,
unless other action is approved by eligible mortgage holders
33 rrll ��++
VOL 2 926 PAGE 477
holding mortgages on lots which have at least fifty -one percent
(51%) of the votes of lots subject to eligible holder mortgages.
K. Termination: Any election to terminate the legal
status of the project after substantial destruction or a
substantial taking in condemnation of the project property must
require the approval of eligible mortgage holders holding
mortgages on lots which have at least sixty -seven percent (67%)
of the votes of lots subject to eligible holder mortgages.
L. Reallocation of Interests: No reallocation of
interests in the common area resulting from a partial
condemnation or partial destruction of the project may be
effected without the prior approval of eligible mortgage holders
holding mortgages on all remaining lots whether existing in whole
or in part, and which have at least sixty -seven percent (67%) of
the votes of such remaining lots subject to eligible holder
mortgages.
M. Termination of Professional Management: When
professional management has been previously required by an
eligible mortgage holder or eligible insurer or guarantor,
whether such entity became an eligible mortgage holder or
eligible insurer or guarantor at that time or later, any decision
to establish self management by the Association shall require the
prior consent of owners of lots to which at least sixty -seven
percent (67%) of the votes in the Association are allocated and
the approval of eligible mortgage holders holding mortgages on
lots which have at least sixty -seven percent (67%) of the votes
of lots subject to eligible holder mortgages.
N. Payment of Taxes or Insurance by Lenders: First
lenders may, jointly or singly, pay taxes or other charges which
are in default and which may or have become a charge against the
common area property and may pay overdue premiums on hazard
insurance policies, or secure new hazard insurance coverage on
the lapse of a policy, for such common area property and first
lenders making such payment shall be owed immediate reimbursement
therefor from the Association, provided that said lender(s) have
given notice to the Association prior to the making of such
payment(s) and the Association has failed to pay the same.
8.6 Owner's Right and Obligation to Maintain and Repair:
Each lot owner shall, at his sole cost and expense, maintain and
repair his lot and all improvements and landscaping thereon,
keeping the same in good condition. Maintenance shall include
such weed control and other fire prevention measures as may be
required by the City of Arroyo Grande or other governmental
agency or by the Association under its fuel management program as
described in section 5.1.A.
In the event an owner of any lot fails to maintain his lot
and the improvements thereon as required herein, the
Association's agents may, after notice and a hearing as provided
in the Bylaws, enter the lot and perform the necessary
34 vk 2926 PAGE 4 t8
maintenance. The cost of such maintenance shall immediately be
paid to the Association by the owner of such lot, together with
interest at the rate of twelve percent (12%) per annum (but not
to exceed the maximum interest rate authorized by law) from the
date the cost was incurred by the Association until the date the
cost is paid by the owner.
8.7 Damage or Destruction: If any common area improvement
is damaged or destroyed by fire or other casualty, the
improvement shall be repaired or reconstructed substantially in
accordance with the original as -built plans and specifications,
modified as may be required by applicable building codes and
regulations in force at the time of such repair or reconstruction
and subject to such alterations or upgrades as may be approved by
the Architectural Control Committee, unless either of the
following occurs: (1) The cost of repair or reconstruction is
more than fifty percent (50%) of the current replacement costs of
all common area improvements, available insurance proceeds are
not sufficient to pay for at least eighty -five percent (85%) of
the cost of such repairs or reconstruction, and three - fourths
(3/4) of the total voting power of the Association residing in
members and their first lenders vote against such repair and
reconstruction; or (2) Available insurance proceeds are not
sufficient to substantially repair or reconstruct the improvement
within a reasonable time as determined by the Board, a special
assessment levied to supplement the insurance fails to receive
the requisite approval (if such approval is required) as provided
in section 4.4, and the Board, without the requirement of
approval by the owners, is unable to supplement the insurance by
borrowing on behalf of the Association sufficient monies to
enable the improvements to be substantially repaired or
reconstructed within a reasonable time.
If the improvement is to be repaired or reconstructed and
the cost for repair or reconstruction is in excess of $20,000,
the Board shall designate a construction consultant, a general
contractor, and an architect for the repair or reconstruction.
All insurance proceeds, Association monies allocated for the
repair or reconstruction, and any borrowings by the Association
for the repair or reconstruction shall be deposited with a
commercial lending institution experienced in the disbursement of
construction loan funds (the "depositary ") as selected by the
Board. Funds shall be disbursed in accordance with the normal
construction loan practices of the depository that require as a
minimum that the consultant, general contractor and architect
certify within ten (10) days prior to any disbursement
substantially the following: That all A. h work completed
request for disbursementhasbeendo
nein compliance d with o the
uch
approved plans and specifications;
B. That such disbursement request represents monies
which either have been paid by or on behalf of the construction
consultant, the general contractor or the architect and /or are
35
VOL 294..6 PAGE r6
justly due to contractors, subcontractors, materialmen,
engineers, or other persons (whose name and address shall be
stated) who have rendered or furnished certain services or
materials for the work and giving a brief description of such
services and materials and the principle subdivisions or
categories thereof and stating the progress of the work up to the
date of said certificate;
C. That the sum then requested to be disbursed plus
all sums previously disbursed does not exceed the cost of the
work insofar as actually accomplished up to the date of such
certificate;
D. That no part of the cost of the services and
materials described in the foregoing paragraph A has been or is
being made the basis for the disbursement of any funds in any
previous or then pending application; and
E. That the amount held by the depository, after
payment of the amount requested in the pending disbursement
request, will be sufficient to pay in full the costs necessary to
complete the repair or reconstruction.
If the cost of repair or reconstruction is $20,000 or less,
the Board shall disburse the available funds for the repair and
reconstruction under such procedures as the Board deems
appropriate under the circumstances.
If the improvement is not repaired or reconstructed in
accordance with the foregoing, any insurance proceeds available
for the repair or reconstruction of the improvement shall be
disbursed among all owners and their respective mortgagees in the
same proportion that the owners are assessed, subject to the
rights of the owners' mortgagees.
8.8 Damage and Destruction Affecting Lots - Duty to
Rebuild: If all or any portion of any improvement on any lot is
damaged or destroyed by fire or other casualty it shall be the
duty of the owner of the lot to rebuild, repair or reconstruct
the improvement in a manner which will restore it substantially
to its appearance and condition immediately prior to the
casualty, subject to such alterations as may be approved by the
Architectural Control Committee. The owner of any damaged
improvement on any lot shall commence reconstruction within three
(3) months after the damage occurs and complete reconstruction
within six (6) months after the damage occurs, unless prevented
by causes beyond his reasonable control.
8.9 Condemnation. If all or any part of a lot (except the
common area) is taken by eminent domain, the award shall be
disbursed to the owner of the lot, subject to the rights of the
owner's mortgagees. If the taking renders the lot uninhabitable,
the owner shall be divested of any further interest in the
project, including membership in the Association, and the
interests of the remaining owners shall be adjusted accordingly.
36 VOL 29� PAGE 4b0
If all or any part of the common area is taken by eminent domain,
the proceeds of condemnation shall be used to restore or replace
the portion of the common area affected by condemnation if
restoration or replacement is possible, and any remaining funds,
after payment of any and all fees and expenses, incurred by the
•
Association relating to such condemnation, shall be distributed
among the owners in the same proportion as such owners are
assessed, subject to the rights of mortgagees. If necessary, the
remaining portion of the project shall be resurveyed to reflect
such taking. The Association shall participate in the
negotiations, and shall propose the method of dividing the
proceeds of condemnation, where lots are not valued separately by
the condemning authority or by the court. The Association shall
represent the lot owners in any condemnation proceedings or in
negotiations, settlements and agreements with the condemning
authority for acquisition of the common area, or part thereof.
8.10 Limitation of Restrictions on Declarant: Declarant is
undertaking the work of construction of a planned development
subdivision and incidental improvements upon the property. The
• completion of that work and the sale, rental, and other disposal
of the lots is essential to the establishment and welfare of the
property as a residential community. In order that said work may
be completed and the property be established as a fully occupied
residential community as rapidly as possible, nothing in this
Declaration shall be understood or construed to:
A. Prevent Declarant, its contractors, or
subcontractors from doing on the property or any lot, whatever is
reasonably necessary or advisable in connection with the
completion of the work; or
B. Prevent Declarant or its representatives from
erecting, constructing and maintaining on the property (except
upon lots owned by others), such structures as may be reasonable
and necessary for developing the property as a residential
community and disposing of the same by sale, lease or otherwise;
or
C. Prevent Declarant from conducting on the property
(except upon lots owned by owners) its business of completing the
work and of establishing a plan of residential ownership and of
disposing of said property in lots by sale, lease or otherwise;
or
D. Prevent Declarant from maintaining such sign or
signs on the property (except upon lots owned by others) as may
be necessary for the sale, lease or disposition thereof.
The foregoing rights of Declarant shall terminate upon sale
of Declarant's entire interests in the project or five (5) years
after the date of recordation of the deed of the first lot to be
sold in the project; whichever occurs first. So long as
Declarant, its successors and assigns, owns one (1) or more of
the lots described herein Declarant, its successors and assigns,
37
VOL 2926 PAGE 481
shall be subject to the provisions of this Declaration.
Declarant shall make reasonable efforts to avoid disturbing the
use and enjoyment of lots and the common area by their owners,
while completing any work necessary to said lots or common area.
8.11 Termination of Any Responsibility of Declarant: In
the event Declarant shall convey all of its rights, title and
interest in and to the property to any partnership, individual or
individuals, corporation or corporations, then and in such event,
Declarant shall be relieved of the performance of any further
duty or obligation hereunder, and such partnership, individual or
individuals, corporation or corporations, shall be obligated to
perform all such duties and obligations of the Declarant.
8.12 Owners' Compliance: Each owner, tenant or occupant of
a lot shall comply with the provisions of this Declaration, and
(to the extent they are not in conflict with the Declaration) the
Articles and Bylaws, and the decisions and resolutions of the
Association or Board, or the Architectural Control Committee, as
lawfully amended from time to time. Failure to comply with any
such provisions, decisions, or resolutions shall be grounds for
an action (1) to recover sums due, (2) for damages, (3) for
injunctive relief, (4) for costs and attorneys fees, or (5) any
combination of the foregoing.
All agreements and determinations lawfully made by the
Association in accordance with the voting percentages established
in this Declaration, or in the Articles or the Bylaws, shall be
deemed to be binding on all lot owners, their successors and
assigns.
8.13 Notices: Any notice permitted or required by the
Declaration, Articles or Bylaws may be delivered personally or by
mail. If delivery is by mail, it shall be deemed to have been
delivered seventy -two (72) hours after a copy of the same has
been deposited in the United States mail, first class, certified
or registered, postage prepaid, addressed to the person to be
notified at the current address given by such person to the
Secretary of the Board or addressed to the unit of such person if
no address has been given to the Secretary.
8.14 Special Provisions Relating to Enforcement of
Declarant's Obligation to Complete Common Area Improvements:
Where any common area improvements in the project have not been
completed prior to the issuance of the public report, and where
the Association is obligee under a bond or other arrangement
( "Bond ") to secure performance of the commitment of Declarant to
complete the improvements, the Board shall consider and vote on
the question of action by the Association to enforce the
obligations under the Bond with respect to any improvement for
which a Notice of Completion has not been filed within sixty (60)
days after the completion date specified for that improvement in
the planned construction statement appended to the Bond. If the
Association has given an extension in writing for the completion
of any common area improvement, the Board shall consider the vote
38 VOL 2926 PAGE 482
on the aforesaid question if a Notice of Completion has not been
filed within thirty (30) days after the expiration of the
extension. A special meeting of members of the Association for
the purpose of voting to override a decision by the Board not to
initiate action to enforce the obligations under the Bond or on
the failure of the Board to consider and vote on the question,
shall be held not less than thirty -five (35) days nor more than
forty -five (45) days after receipt by the Board of a petition for
such meeting signed by members representing five percent (5%) or
more of the total voting power of the Association. A vote of a
majority of the voting power of the Association residing in
members other than Declarant to take action to enforce the
obligations under the Bond shall be deemed to be the decision of
the Association and the Board shall thereafter implement this
decision by initiating and pursuing appropriate action in the
name of the Association.
8.15 Fair Housing: No owner shall, either directly or
indirectly, forbid or restrict the conveyance, encumbrance,
leasing, or mortgaging, or occupancy of his lot to any person of
a specified race, sex, adulthood, marital status, color,
religion, ancestry, handicap, or national origin.
8.16 FHA /VA Approval: As long as there is a Class B
membership, the following acts will require the prior approval of
the Federal Housing Administration or the Veteran's
Administration: Annexation of additional properties, or
dedication of common areas.
8.17 Binding Arbitration: In case of any claim or dispute
the Declarant, general contractor, or broker, or their agents, or
employees, on the one hand, and the owner(s), on the other hand,
which claim or dispute relates to the rights and /or duties of the
parties under the project documents, or relates to the design of
the project or any part thereof (except for disputes relating to
alleged common area deficiencies), the procedure shall be as
follows: The aggrieved party or parties shall notify the other
party or parties of the grievance, in writing. When such a
notice is received by Declarant, it shall promptly respond with
an investigation, meeting, discussion, or other action reasonably
appropriate to the circumstances. Appropriate action shall
include, without limitation, prompt communication between the
aggrieved party or parties, and a proposed course of action to
resolve the problem. All parties involved in the matter shall
negotiate in a good faith attempt to amicably resolve the
problem. If the parties are unable to resolve the problem within
a reasonable period of time (not to exceed ninety (90) days after
the first notice of claim of dispute) the matter shall be
submitted to binding arbitration pursuant to the rules of the
American Arbitration Association, provided that if the dispute or
claim involves a claim not in excess of the jurisdictional limit
of the Small Claims Court, the lot owner shall have the option of
taking the matter to Small Claims Court in lieu of binding
arbitration.
VOL 2926 PAGE 4
39
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has executed this Declaration this t tau rA day of
�f a 0o�vn i4, . 19 $(, .
OTTSE INC.,
A California Corporation
BY: L9nL4 at,., . hs
Its J
STATE OF CALIFORNIA
SS.
COUNTY OF SAN LUIS OBISPO
On this /02 day ofd , 19 C, , before me,
the undersigned, a Notary Publ4c in and for said County and
State, personally appeared p.vA✓6..GCG
personally known to me or proved to me on the basis of
satisfactory evidence to be the � - T-ti of the
corporation that executed the within Instrument, and acknowledged
to me that such corporation executed the within instrument
pursuant to its by -laws or a resolution of its board of
directors.
GL • LeGt -CGS
Notary PIA. ic, State o Ca i or a
CCRDUP /A •
10/28/86
rt OFFICIAL SF,A
DEBORAH A. COURTNEY 4
NOTARY PUBLIC • CALIFORNIA
`' SAN LUIS OBISPO COUNTY
My Comm. Expires Oct 24, 1989
4 0 •
VOL 2926 PAGE 484
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a) EXHIBIT A
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• IS * Ono
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EXHIBIT A
G AM.IIM In
• DRAINAGE PLAN
O DM NIM■ SIMI• Moo M•MM« MM
• SINN'] D.M.
•. 210 R. TRACT 1132
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\,a EXHIBIT B
All lots are burdened by a six foot wide street tree and public utilities ease-
ment (6' S.T. d P.U.E.). The following is a summary of other easements, special set
back lines and access denials as shown'on the final map for Tract 1132.
Lot Number Burdened By Benefitted By
1 10 Ft. Sewer Esmt.;
20 Ft. Sewer, Class A Drainage
d Private Driveway Esmt.
2 10 Ft. Class A Drainage Esmt.; 20 Ft. Sewer,
20 Ft. Sewer, Class A Drainage , Class A Drainage
d Private Driveway Esmt. & Private Driveway
Esmt. across Lot 1
3 10' Class 8 Drainage Esmt. 20 Ft. Sewer,
Class A Drainage 8
Private Driveway Esmt.
across Lots 1 8 2
4 10' Class A Drainage Esmt.
5 20 Ft. Set -Back Line for Gas
Co.;
10 Ft. Class A Drainage Esmt.
6,7,8 20 Ft. Set -Back Line for Gas
Co.;
15 Ft. Class 8 Drainage Esmt.
9 11.75 Ft. 8 20 Ft. Set -Back
Lines for Gas Co.;
15 Ft. Class B Drainage Esmt.
10 28.25 Ft. Set -Back Line 10 Ft. Private Sewer
for Gas Co.; 16.5 Ft. Esmt. across Lot 11
Gas Esmt.; 15 Ft. Class B
Drainage Esmt.
11 10 Ft. Private Sewer Esmt. for 20 Ft. Sewer & Private
Lot 10; Driveway Esmt. across
15 Ft. Class B Drainage Esmt. Lots 12,14 8 15
12 1/2 20 Ft. Sewer & Private 20 Ft. Sewer d Private
Driveway Esmt. Driveway Esmt. across
Lots 14, & 15; 1/2 20
Ft. Sewer d Private
Driveway Esmt. across
Lot 15
13 N/A
14 1/2 20 Ft. Sewer 8 Private 1/2 20 Ft. Sewer &
Driveway Esmt. Private Driveway Esmt.
across Lot 15
VOL 2926 PAGE 487
Exhibit B Page 2
Lot Number Burdened By Benefitted By
15 1/2 20 Ft. Sewer & Private 1/2 20 Ft. Sewer &
Driveway Esmt.; 20 Ft. Sewer Private Driveway Esmt.
d Private Driveway Esmt.; across Lots 12 d 14
20 Ft. Sewer Esmt; 15 Ft.
Class B Drainage Esmt.
16 20 Ft. Sewer Esmt.; 10 Ft.
Class 8 Drainage Esmt.
17 b 18 20 Ft. Sewer Esmt.
19 10 Ft. Class B Drainage Esmt.
•
20 20 Ft. Class A Drainage
Esmt.; 10 Ft. Class B
Drainage Esmt.
21 25 Ft. x 25 Ft. Sewer Esmt;
20 Ft. Sewer Esmt.; 10 Ft.
Class 8 Drainage Esmt.
22 10 Ft. Class B Drainage Esmt.
23 N/A
24,25,26 10 Ft. Class 8 Drainage Esmt.
27,28,29 N/A
30 6 Ft. Homeowners' Association
Fence Esmt.; Access denied
to James Way
31 6 Ft. Homeowners' Association
Fence Esmt.; Access denied to
James Way & Rancho Parkway
32 through 41 6 Ft. Homeowners' Association
Fence Esmt.; Access denied to
Rancho Parkway
42 through 47 10 Ft. Class B Drainage Esmt.
48 10 Ft. Class B Drainage Esmt. 10 Ft. Private Sewer
Esmt. across Lot 135
49 10 Ft. Class B Drainage Esmt.
50 10 Ft. Class B Drainage Esmt.;
6 Ft. Homeowners' Association
Fence Esmt.; Access denied to
Rancho Parkway
51 through 55 6 Ft. Homeowners' Association
Fence Esmt.; Access denied to
Rancho Parkway n
VOL 29 PAGE 488
. Exhibit B Page 3
Lot Number, Burdened By Benefitted By
56 10 Ft. Class A Drainage Esmt.;
6 Ft. Homeowners' Assoc. Fence
Esmt.; Access denied to Rancho
Parkway
57 10 Ft. Sewer Esmt.; 6 Ft.
Homeowners' Assoc. Fence Esmt.;
Access denied to Rancho
Parkway
58 through 62 6 Ft. Homeowners' Assoc. Fence
Esmt.; Access denied to Rancho
Parkway
63 N/A
64 through 68 10 Ft. Class B Drainage Esmt.
69 through 82 N/A
0
83 10 Ft. Private Sewer
Esmt. across Lot 94
84 10 Ft. Class B Drainage Esmt.; 10 Ft. Private Sewer
10 Ft. Private Sewer Esmt. for Esmt. across Lot 94
Lot 86
85 N/A
86 10 Ft. Private Sewer
Esmt. across Lots 84 8
94
87 10 Ft. Private Sewer
Esmt. across Lot 93
88,89,90 • N/A
91 10 Ft. Class B Drainage Esmt.
92 N/A
93 10 Ft. Private Sewer Esmt. for
Lot 87; 10 Ft. Class B Drainage
Esmt.
94 10 Ft. Private Sewer Esmt. for
Lots 84 d 86; 10 Ft. Class B
Drainage Esmts.; 10 Ft. Private
Sewer Esmt. for Lot 83
95 10 Ft. Class B Drainage Esmt.
96 through 100 N/A
101 10 Ft. Private Sewer Esmt. for 10 Ft. Private Sewer
Lot 102 Esmt. across Lot 124
VOL 2926 PAGE 489
•
Exhibit 8 Page 4
Lot Number Burdened By Benefitted By
102 10 Ft. Private Sewer
Esmt. across Lots 101
d 124
103 & 104 N/A
105 JO Ft. Private Sewer
Esmt. across Lot 117
106 10 Ft. Private Sewer
Esmt. across Lot 116
107 • 10 Ft. Private Sewer
Esmt. across Lot 115
108 N/A
109 d 110 15 Ft. Private Driveway
Esmt. across Lots 111,
112, 113
111 15 Ft. Private Driveway Esmt.
for Lots 109, 110, 112 & 113
112 15 Ft. Private Driveway Esmt. 15 Ft. Private Driveway
for Lots 109, 110 b 113 Esmt. across Lot 111
113 15 Ft. Private Driveway Esmt. 15 Ft. Private Driveway
for Lots 109 d 110 Esmt. across Lots 111 &
112
114 10 Ft. Class B Drainage Esmt.
115 • 10 Ft. Class B Drainage Esmt.;
10 Ft. Private Sewer Esmt. for
Lot 107
116 10 Ft. Class B Drainage Esmt.;
10 Ft. Private Sewer Esmt. for
Lot 106
117 10 Ft. Class 8 Drainage Esmt;
10 Ft. Private Sewer Esmt. for
Lot 105
118 & 119 N/A
120 through 123 10 Ft. Class 8 Drainage Esmt.
124 10 Ft. Class 8 Drainage Esmt.;
10 Ft. Private Sewer Esmt. for
Lots 101 & 102
125,126,127 10 Ft. Class B Drainage Esmt.
128 through 132 10 Ft. Class B Drainage Esmts. /� [�
vni 2f 2R parr don
Exhibit B Page 5
Lot Number Burdened By Benefitted By
133 S 134 N/A
135 25 Ft. Gas Esmt.; 10 Ft. Private
Sewer Esmt. for Lot 48; 10 Ft.
Public Utility Esmt.; Access
denied•to Rancho Parkway
136 10 Ft. Public Utility Esmt.;
1,013 Sq. Ft. Class A
Drainage Esmt.
NOTE: Class A Drainage Easements were dedicated to the City of Arroyo Grande and
accepted by said City. Class 8 Drainage Easements were dedicated to the
City and rejected without prejudice. Sewer easements not designated as
"Private" were dedicated to the City and accepted. Private Sewer Easements
are for the benefit of the Lots designated. Gas Line Set -Back Lines on
Lots 9 d 10 are for the benefit of Southern California Gas Company. See
the final map for Tract 1132 for additional restrictions on Lots 9 d 10.
85052sum.mbm
END OF DOCUMENT -as VOL 2926 PAGE 491
•-, ._...1