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RECORDINGREQUESTEDBYAND Doc NQ; 1999 - 009199 Rpt No: 00006423
WHEN RECORDED MAIL TO:
Official Records NF -1 0.00
San Luis Obispo Co.
City of Arroyo Grande Julie L. Rodewaid
214 East Branch Street Recorder
Arroyo Grande, CA 93420 Jan 22, 1999
Time: 14:51
5] :TOTAL 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DECLARATION OF WAIVER OF PROTEST
This DECLARATION OF WAIVER OF PROTEST ( "Declaration ") is made on this 19 day
of January, 1999, by ESJ Properties, LLC ( "Declarant ").
WHEREAS, Declarant is the owner of that certain real property described in Exhibit A
attached hereto and incorporated herein by this reference ( "the Property");
WHEREAS, on July 9, 1996 the City of Arroyo Grande approved the following matters
relating to the Property: (i) Planned Development Ordinance Case No. 96 -001; Permit Case No. 96-
541 (Specific Development Plan); Tentative Tract map No.2220; and Planned Sign Program Case
No. 96 -118 ( "the Land Use Approvals ");
WHEREAS, certain mitigation measures were required by the City of Arroyo Grande as a
condition of the Land Use Approvals and accepted by Declarant's predecessor in interest;
WHEREAS, Mitigation Measure No. 18 requires that Declarant waive any "...protest to
formation of an assessment district to include the project site if needed in order to fund additional
future circulation improvements "; and
WHEREAS, Declarant, by this Declaration, satisfies said Mitigation Measure 18.
NOW, THEREFORE, Declarant declares that the Property is held and will be held,
transferred, encumbered, sold, and conveyed subject to the terms and conditions of this Declaration
including without limitation, the waiver set forth in Paragraph 1.
1. Waiver. Declarant, on behalf of itself and future successors and assigns, hereby,
forever and irrevocably waives any protest to formation of an assessment district to
include the Property if needed to fund additional future circulation improvements.
2. Runs with the Land. The waiver set forth in paragraph 1 of this Declaration is to
run with the with the land and will be binding on all persons claiming under them
3. No Termination or Modification. This declaration stall not be terminated,
modified or amended in any manner without the prior written consent of the City of
Arroyo Grande.
IN WITNESS WHEREOF, Declarant has executed this Declaration of Waiver of Protest on
the date first above written.
DECLARANT
ESJ Centers, LLC, a California Limited
Liability Corr.pany
B ,t 4 _i w ._ 4
STATE OF CALIFORNIA )
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COUNTY OF SAN LUIS OBISPO ) 11 1
On arms \ \ 49, before me, (\Ct i -, personally appeared
Cuk , personally 'mots Tn to me (er- reved-tt me
nn th.-- s. of satiofacto - ) to be the person() whose name(a; is/e1:e subscribed to the
within instrument and acknowledged to me that he /shefhey executed the same in his/irer#their
authorized capacity(ies), and that by his/her/ heir signaturc(s4 on the instrument the person(5) or the
entity upon behalf of which the person(*) acted, executed the instrument.
WITNESS my hand and official seal.
Signature (L.-tMt,
(This area for official notarial seal)
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COM.vt # 1054474
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EXHIBIT "A"
THE LAND REFERRED TO HEREIN 15 DESCRIBED AS FOLLOWS:
PARCEL 1:
THOSE PORTIONS OF LOTS 4, 5 AND 6 OF THE LA BELLE TRACT, IN THE CITY
OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK A, PAGE 142 OF MAPS, IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A 6" x 6" C.H.C. CONCRETE MONUMENT ON THE NORTHERLY
RIGHT OF WAY LINE OF CALIFORNIA STATE HIGHWAY V SLO -2 -E, BEING
DISTANT NORTH 32° 16' 20" EAST, 90.0 FEET FROM ENGINEER'S STATION
20 +50.00 FOR "N" LINE, AS SHOWN ON PAGES 414 TO 419 IN CALIFORNIA
STATE HIGHWAY MAP BOOK FILED IN THE SAN LUIS OBISPO COUNTY RECORDER'S
OFFICE;
THENCE NORTH 56° 17' 44" WEST, 308.63 FEET ALONG SAID RIGHT OF WAY
LINE TO ITS INTERSECTION WITH SAN LUIS OBISPO COUNTY APPROACH ROAD
RIGHT OF WAY LINE;
THENCE NORTH 3° 56' 09" EAST, 79.37 FEET ALONG SAID COUNTY ROAD RIGHT
OF WAY LINE;
THENCE NORTH 57° 43' 40" WEST, 36.72 FEET ALONG SAID COUNTY ROAD
RIGHT OF WAY LINE;
THENCE NORTH 47° 01' 41" EAST, 19.35.FEET;
THENCE NORTH 67° 28' 11" EAST, 86.22 FEET;
THENCE NORTH 75° 55' 41" EAST, 80.13 FEET;
THENCE SOUTH 69° 42' 19" EAST, 168.75 FEET;
THENCE NORTH 77° 10' 11" EAST, 160.23 FEET;
THENCE NORTH 86° 56' 11" EAST, 78.60 FEET;
THENCE NORTH 49° 50' 41" EAST, 85.31 FEET;
THENCE NORTH 73° 46' 11" EAST, 112.02 FEET;
THENCE SOUTH 58° 48' 54" EAST, 308.21 FEET;
THENCE SOUTH 26° 51' 11" WEST, 580.64 FEET TO THE NORTHERLY RIGHT OF
WAY LINE OF SAID CALIFORNIA STATE HIGHWAY V- SLO -2 -E, AS CONVEYED TO
THE STATE OF CALIFORNIA BY DEED RECORDED NOVEMBER 24, 1954 IN BOOK
780, PAGE 379 OF OFFICIAL RECORDS;
THENCE NORTH 58° 57' 19" WEST, 532.75 FEET ALONG SAID RIGHT OF WAY
LINE OF SAID CALIFORNIA STATE HIGHWAY TO THE POINT OF BEGINNING.
EXCEPT THEREFROM THAT PORTION OF SAID LOT 6 DESCRIBED IN THE DEED TO
ALBERT A. BROWNE, AND WIFE, RECORDED JUNE 9, 1970 IN BOOK 1568, PAGE
570 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
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PARCEL 2:
AN EASEMENT FOR ROAD PURPOSES TO BE USED IN COMMON WITH OTHERS, OVER
AND ACROSS THOSE PORTIONS OF LOTS 2, 3 AND 4 OF THE LA BELLE TRACT,
IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK A, PAGE 142 OF MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE NORTHERLY LINE OF THE LAND DESCRIBED IN
THE DEED TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 24, 1954 IN
BOOK 780, PAGE 379 OF OFFICIAL RECORDS, WHICH POINT IS DISTANT NORTH
32° 16' 20" EAST, 90.00 FEET FROM. ENGINEER'S STATION 20 +50.00 P.O.T.
"N" ON THE CENTER LINE OF THE DEPARTMENT OF PUBLIC WORKS SURVEY FOR
STATE HIGHWAY BETWEEN ARROYO GRANDE AND PISMO BEACH FILED IN THE
STATE HIGHWAY MAP BOOK, PAGES 414 TO 419 INCLUSIVE, RECORDS OF SAID
COUNTY;
THENCE SOUTH 58° 17' 19" EAST ALONG SAID NORTHERLY LINE, 532.75 FEET
TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 26° 51' 11" EAST, 50.13 FEET;
THENCE SOUTH 58° 57' 19" EAST, 165.46 FEET;
THENCE SOUTH 71° 45' 50" EAST, 102.36 FEET;
THENCE SOUTH 60° 35' 25" EAST, 203.95 FEET;
THENCE SOUTH 63° 17' 20" EAST, 388.08 FEET;
THENCE SOUTH 28° 00' 23" WEST, 50.01 FEET;
THENCE NORTH 63° 17' 20" WEST, 388.13 FEET;
THENCE NORTH 60° 35' 25" WEST, 200.25 FEET;
THENCE NORTH 71° 45' 50" WEST, 103.08 FEET;
THENCE NORTH 58° 57' 19" WEST, 167.41 FEET TO THE TRUE POINT OF
BEGINNING.
PARCEL 3:
AN EASEMENT FOR THE MAINTENANCE OF A WATER PIPE LINE TO BE USED IN
COMMON WITH OTHERS, IN, UNDER AND ACROSS THOSE PORTIONS OF LOTS 1, 2
AND 3 OF THE LABELLE TRACT, IN THE COUNTY OF SAN LUIS OBISPO, STATE
OF CALIFORNIA, ACCORDING TO MAP FILED FOR RECORD DECEMBER 15, 1888,
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AS GRANTED TO
CALVIN H. SCHLEGEL AND PHYLLIS M. SCHLEGEL, HUSBAND AND WIFE AS JOINT
TENANTS BY RUBY E. BROWNE, BY DEED RECORDED APRIL 15, 1958 IN BOOK
936, PAGE 225 OF OFFICIAL RECORDS, AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
(1) A STRIP OF LAND 3 FEET IN WIDTH, THE NORTHEASTERLY LINE OF WHICH
IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN THE
DEED TO CALVIN H. SCHLEGEL, ET UX., RECORDED JULY 3, 1957 IN BOOK
898, PAGE 17 OF OFFICIAL RECORDS;
THENCE SOUTH 63 17' 20" EAST, ALONG THE SOUTHWESTERLY LINE OF THE
LANG DESCRIBED IN SAID DEED AND ITS SOUTHEASTERLY PROLONGATION,
379.58 FEET.
(2) A STRIP OF LANG 3 FEET IN WIDTH, THE SOUTHEASTERLY LINE OF WHICH
IS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THE COURSE RECITED AS (1)
ABOVE;
THENCE NORTH 28° 00' 23" EAST, 17.99 FEET.
(3) A STRIP OF LAND 3 FEET IN WIDTH THE SOUTHWESTERLY LINE OF WHICH
IS DESCRIBED AS FOLLOWS:
"NORTH
BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE COURSE RECITED AS
THENCE 28°T00' 2 23" EAST, 1 FEET" IN (2) ABOVE;
9 26' 37" EAST, 225 FEET, MORE OR LESS, TO THE
NORTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE SOUTHERN
COUNTIES GAS COMPANY, A CORPORATION, RECORDED JULY 20, 1953 IN BOOK
718, PAGE 305 OF OFFICIAL RECORDS.
THE LINES OF THE PARCELS DESCRIBED IN (1), (2), AND
BE EXTENDED OR SHORTENED 50 AS TO CREATE THREE CONTIGUOUS ABOVE TO
HAVING AS THEIR SOUTHEASTERLY TERMINUS THE NORTHWESTERLY LINE OF THE
LAND DESCRIBED IN THE DEED TO THE SOUTHERN COUNTIES GAS COMPANY,
RECORDED JULY 20, 1953 IN BOOK 718, PAGE 305 OF OFFICIAL RECORDS.
END OF DOCUMENT •