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Home My WebLink About1992-010206 -(5 /13 Reardin9 rutuesfe.d by : Ticov Title- ins. Co, 10206 DOC. NO. Recording requested by: OFFICIAL RECORDS CITY CLERK SAN LUIS OBISPO CO OA CITY OF ARROYO GRANDE FEB 1 9 1992 neonO wre�cord'hcretu 4 rn to: FRANCIS M. COONEY CITY CLERK County Clerk- Recorder CITY OF ARROYO GRANDE TIME 8:00 AM P. 0. BOX 550 ARROYO GRANDE, CA 93421 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TRACT NO. 1769 CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, CALIFORNIA THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, made this 6pt4 day of reLruar/ , 1992, by H.R.P. Development Co., Inc., a California Corporation and Don McHaney Realty, Inc., a California Corporation as follows: RECITALS: A. Declarant is the owner of certain real property in the City of Arroyo Grande, County of San Luis Obispo, California, more particularly described as lots 1 through 30, inclusive, Tract No. 1769, per map recorded la in book IL , Page 64 , of maps in the office of the San Luis Obispo County Recorder. Said property consists of 30 residential lots designated as Lots 1 through 30 of Tract 1769 B. Pursuant to the requirements of the conditions for approval of Tract No. 1769 by the City of Arroyo Grande, and for the mutual benefit of Lots 1 through 30, inclusive, of Tract No. 1769, which are hereinafter collectively called "the subject property," and the present and future owners and occupants of said lots, and to meet applicable requirements of ordinances, regulations, and subdivision conditions of the City of Arroyo Grande, Declarant desires and intends by this Declaration to establish certain covenants and restrictions for the general benefit of the subject property and the owners and residents thereof. NOW, THEREFORE, Declarant hereby declares that each of Lots 1 through 30, inclusive, of the subject property shall be held, conveyed, used, occupied, and improved subject to each of the following uniform covenants, conditions and restrictions for the benefit and protection of the respective owners of the subject property and each lot thereof, and to run with the land and be binding on all parties having or acquiring any right, title, or interest in the subject property or any portion thereof, to inure to the benefit of and be binding upon each successor and assignee in interest of Declarant, and to apply with equal force and effect to each of the residential lots therein. Any conveyance, transfer, sale, or assignment made by Declarant of any portion of said property shall be deemed to incorporate by reference, and be subject to, each of the provisions of this declaration. v 3831PAGF 958 BUILDING AND USE RESTRICTIONS AND COVENANTS: A. Minimum Size of Structures: The minimum size for all primary residential structures shall be 1,400 square feet excluding garages. B. Fencing: All fencing to be installed or used along any boundary line of any lot shall be standard wood fencing material. C. Draught- Resistant Landscaping: No more than twenty percent (20 %) of a lot may be planted with grass, and all other landscaping shall be substantially of draught- resistant plantings. D. Interior Water Conservation: Homes to be constructed using flush valve operated water closets which are limited to one and one -half gallons per flush and low flow faucets and shower heads. E. Perimeter Walls and Fences: The walls and fences along Oak Park Blvd. and along Farroll Avenue shall be maintained in the location shown on the approved plans. Each lot owner shall be responsible for main- tenance and repair of that portion of any perimeter walls or fences on their lot. The Landscape Assessment District shall be responsible for all of the property on the street side of the fence. The lot owners fee title to the portion on the street side of the fence is subject to the public rights for sidewalks, landscaping and public utilities. The lot owners hereby give up any surface use of said lot that lies on the street side of the fence. F. Traffic Mitigation: A fee of two thousand six hundred and fifty six dollars ($2,656.00) per lot shall be paid to the City of Arroyo Grande, prior to the issuance of each building permit. In the event that a building permit is not applied for within five (5) years of recordation of the final map, the fee will become a lien against the lot. If the City adopts a method of funding traffic mitigations which shall include assessment of lots in Tract 1769, the fees provided for herein shall be credited against the principal amount of the assessment. G. Fence Heights: The fence height on the Easterly boundary line of lots 20 and 30 are required to be reduced to three (3) feet within the required street setback if the internal streets are extended into the adjacent parcel. The responsibility for reducing the height is that of the lot owners and in the event that it is necessary for an outside agency to modify the fence, the cost will become a lien against the property. H. Agricultural Operations: Buyers are hereby notified that there are existing agricultural operations on adjacent parcels and they may be subjected to dust, noise, odors and agricultural chemicals. I. Viewshed Review Permit: Lots 2 through 4 shall be limited to single story construction and shall be required to obtain a viewshed review permit for any construction exceeding fifteen (15) feet in height above the natural grade of the lot. J. Rear Yard Setbacks: The minimum rear yard setback for lots 3 through 8 shall be fifteen (15) feet except in the case where a viewshed review permit is obtained, in which case the setback may be increased as a condition of said permit. 2. ENFORCEMENT: Any owner of a lot within the subject property shall be entitled to take legal action against any owner who shall default in the performance of any of the requirements of this Declaration of rules or regulations adopted by the association, or who shall violate any provision 0 3831PAGE959 • of this Declaration, and also to take legal action to prevent or abate any public nuisance caused by any person or entity which damages or interfere: with the quiet enjoyment of the subject property. In any such action filed by any owner the prevailing party shall be entitled to reasonable attorney's fees and court costs in said action. 3. AMENDMENT: This Declaration may be modified, amended, or deleted by the execution either of any amended Declaration, or of an amendmen to this Declaration, duly executed and acknowledged by the owners of not less than two - thirds (2/3) of the then - record owners of Lots in Tract No. 1769. Such amendment shall not be effective for any purpose until recorded in the office of the San Luis Obispo County Recorder. Any pro- posed amendments, modifications or deletions must be reviewed and approved by the City Attorney. IN WITNESS WHEREOF, Declarant has executed this Declaration of Covenants, Conditions and Restrictions the day and year first above written. DECLARANT - DECLARANT H.R.P. Development Co., Inc. Don McHaney Realty Inc., A California Corporation A California Corporation StaLe uL CaIIIurui County of San Luis Obispo On Fjru r (, , , beofre me, / k)r)knSOh, a Public in and for said State, per _on/aall appeared NeWN R -c_ G. v�e-v r�r Ilrsr� Mr_kc nay✓ Kea I T y nc( x=,„ �;af, r personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the • same in his /her /their authorized capacity(ies), and that by his./ her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person( - t-. h- instrument. 4 r OFFICIAL SEA 14r: MARY A JOHNSO Witness my hand and official seal. I • 1Wei NOTARY PUB CALIFORNIA � r .. 9 _ f elit SAN LUIS OB ISPO COUNT My Comm Expires Nov, 9, 1992 s [`/ Lei % -.. Li . VCL.e>Vl% ., ., State of California County of San Luis Obispo On as - 9' , beofre me, Mary A• n1rL )1 .' a Notary Publi in and for said State, persdnally appeared e •e . a ■C '. ► o• e- CO. Arp F , er sonaily known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose rime(s) j.jare subscribed to the within instrument and acknowledged to me that.ha /she /they executed the same in b_i_s/her /their authorized raparity(ies), and that by his/ CO her /their aignature(s) on the instrument the p (s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL Witness my hand and official seal. 4 MARY A. JOHNSON CC �.� NOT CJ ,( 811 ARY PUBLIC CALIFORNIA 1 ' \ � - SAN LUIS OBISPO COUNTY c I; f / 1 h /�/�.l� ) l ,r4 _• My Comm. Expires Nov . 9, 1992 L END OF DU(. Ir �' /_