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Home My WebLink About2010-052572 JULIE RODEWALD DG San Luis Obispo County— Clerk/Recorder 10/20/2010 460-3&041416010 Recorded at the request of 8:00 AM RF.CORI)I fir; First American Title Company FIRST A'\II i!' � r 1 1 L.L. COMPANY rocs;: 2010052572 Tales: 1 Pages: 7 BY WHEN RECORDING REQUESTED I 101111111111111 I Others 0 00 Foes 32.00 BY WHEN RECORDED RETURN TO: City Clerk PAID 532.00 City of Arroyo Grande 214 East Branch Street Arroyo Grande, CA 93420 FOR RECORDER'S USE ONLY RESTRICTIVE COVENANT WHEREAS, The Shops At Short Street, LLC, a California limited liability company ( "Shops at Short Street, LLC "), is the owner of that certain real property located at 208 East Branch Street, Arroyo Grande, Califomia, commonly known as a portion of Assessor's Parcel Number 007- 492 -004 and more particularly described in Exhibit "A" and depicted in Exhibit "B" attached hereto ( "Parcel 1"); and WHEREAS, Shops at Short Street, LLC, plans to construct certain improvements on Parcel 1, including a one -story commercial structure with store fronts on both East Branch Street and Short Street and a restaurant on the corner of East Branch Street and Short Street which will include outdoor seating (the "Development "); and WHEREAS, the City of Arroyo Grande (the "City ") approved Vesting Tentative Parcel Map No. 10 -002 and Conditional Use Permit No. 10 -002 pursuant to Arroyo Grande City Council Resolution No. 4302 for the Development subject to a number of conditions of approval, including, but not limited to, the following condition: Condition No. 7. The applicant shall record a deed restriction, subject to approval of the City Attorney, placed on the portion of the property that is proposed to be acquired from the City and indicated on project plans as patio dining, which limits its use, and ensures its continued use for outdoor dining purposes only; and enables the City, at City cost, to modify the grade or design of the property for the purpose of installing public improvements as long as the improvements do not make the use of the property for outdoor dining infeasible, as determined by the Community Development Director. WHEREAS, that portion of Parcel 1 to be used exclusively for outdoor dining purposes (the "Outdoor Dining Property") pursuant Condition No. 7 is more particularly described in Exhibit "C" and depicted in Exhibit "D" both of which are attached hereto and incorporated herein; and 1 WHEREAS, the City Attorney has approved this Restrictive Covenant in conformance with Condition No. 7. NOW, THEREFORE, for valuable consideration, receipt of which is hereby acknowledged, I, Dana R. Sobrado, being the Assistant Vice President of National Safe Harbor Exchanges the sole member of The Shops at Short Street, LLC, owner of Parcel 1, hereby declare and establish a restrictive covenant as follows: a limitation and restriction that the portion of Parcel 1 described in Exhibit "C" and depicted in Exhibit "D" (the "Outdoor Dining Property") shall be used exclusively for outdoor dining purposes. Said limitation and restriction shall run with the land. This limitation and restriction shall include the City's right, at City's cost, to modify the grade or design of the Outdoor Dining Property for the purpose of installing public improvements, as long as the improvements do not make the use of the Outdoor Dining Property for outdoor dining permanently infeasible, as detemiined by the Community Development Director of the City. Dated as of October /S 2010 The Shops At Short Street, LLC By: National Safe Harbor Exchanges, a Califomia Corporation Its: Sole Member By: e at Dana R. Sobrado Its: Assistant Vice President 2 STATE OF ARIZONA ) ss. County of Maricopa ) I, Karin A. Church, a Notary Public for the aforesaid County and State certify that Dana R. Sobrado personally came before me this day and acknowledged that she is an Assistant Vice President of National Safe Harbor Exchanges, a California corporation the sole member of The Shops at Short Street, LLC, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by Dana R. Sobrado, Assistant Vice President, Witness my hand and official seal this 15 day of October, 2010. My commission Expires: ota ublic s/ - S za� y U Ls KARIN CHURCH 1 , �. Notary Public - Arizona E c ;(.. ? Marlcopa County .,, My Comm. Expires Apr S, 2014 EXHIBIT A That portion of Short Street and Lot 16 in Block 6 of Subdivision of Property belonging to W.N. Short, T.J. Mason and W. Whiteley, in the City of Arroyo Grande, County of San Luis Obispo, State of Califomia, according to map filed October 1, 1887 in Book A, Page 48 of Maps, in the office of the County Recorder of said County, and that portion of Lot 82 of parts of the Ranchos Corral de Piedra, Pismo and Boise de Chemisal, in the City of Arroyo Grande, County of San Luis Obispo, State of California, according to map filed November 24, 1886 in Book A, Page 63 of Maps, in the office of the County Recorder of said County, containing 9,334 square feet gross, more or less, and being more particularly described as follows and graphically depicted on Exhibit B, attached hereto and by reference made a part hereof: Beginning at the Northwesterly Comer of said Lot 16, said point also being the Northwesterly Corner of said Block 6; thence Southeasterly along the Westerly line of said Lot, South 33 °01'09" East, 16.93 feet, said line also being the Northeasterly Right -of -Way of Short Street as shown on said map; thence Southwesterly at right angles to the Westerly line of said Lot, South 56 °58'51" West, 13.00 feet; thence Southeasterly and parallel to the Westerly line of said Lot, South 33 °01'09" East, 53.55 feet; thence Northeasterly at right angles to the Westerly line of said Lot, North 56 °58'51" East, 13.00 feet; thence Southeasterly along the Westerly line of said Lot, South 33 °01'09" East, 37.50 feet; thence North 57 °09'32" East, 45.01 feet; thence North 32 °50'27" West, 10.39 feet; thence North 57 °09'35" East, 37.82 feet; thence North 32 °50'27" West, 61.80 feet; thence North 57 °09'33" East, 10.08 feet; thence North 32 °50'27" West, 29.53 feet to a point on the Southeasterly Right -of -Way of E. Branch Street as shown on said map; thence Southwesterly along said Southeasterly Right -of -Way of E. Branch Street, South 61 °00'00" West, 93.46 feet to the Point of Beginning; Subject to that interest in the Northwesterly 12 feet of said Block 6 thereof, as conveyed to the County of San Luis Obispo, by deed recorded May 8, 1895 in Book 25, Page 497 of deeds. END OF DESCRIPTION LAN/ 1N Prepared by: _IAA./ _ _ ! Z a ° PLS 7868 ° Date: September 21, 2010 DP 12/31/10 tiQ' e or C L EXHIBIT B A PORTION OF SHORT STREET AND LOT 16 IN BLOCK 6 ACCORDING TO MAP FILED IN BOOK A, PAGE 48 OF MAPS AND A PORTION OF LOT 82 ACCORDING TO MAP FILED IN BOOK A, PAGE 63 OF MAPS CITY OF ARROYO GRANDE COUNTY OF SAN LUIS OBISPO STATE OF CALIFORNIA P.O.B. E. BRANCH STREET I n 1 5 61 W 93.46' Ei -844 25 PAGE 497 OF DEEDS 93.42' V 30' 17' Cz.1 I $ 9.334 SF CROSS s g b ti t 1 Sm I 1 N iii C/) 1 I z E.-4 I CC 0 I Ey 37.82 6 LOT 15 I I (A MB 48) I rn I L0 I L N57'09'32 "E ORG s 45.01' 30' I 30 (4; -"---------- ( A D MB 6)) COURSE TABLE 10 5 3501'09" E 16.93' ® S 56'58'51" W 13.00' ) N 56'58'51" E 13.00' ® S 33'01'09" E 37.50' 1" = V ® N 32'50'27" W 10.39' ® N 57'09'3Y E 10.08' EO LAND so O N 32'50'27" W 29.53' ? A IFGFND �; // PROPERTY LINE ° '"� — — EXISTING PROPERTY LINE t PLS 7868 ° 12' INTEREST CONVEYED TO THE N` EXP 12/31/10 . COUNTY OF SAN LUIS OBISPO 9 T F 0 9- FOR ROAD PURPOSES PER OF CA<•1 800K 25, PACE 497 OF DEEDS 10/7/10 DH EXHIBIT "C" LEGAL DESCRIPTION for OUTDOOR DINING PROPERTY That portion of Short Street in Block 6 of Subdivision of Property belonging to W.N. Short, T.J. Mason and W. Whiteley, in the City of Arroyo Grande, County of' San Luis Obispo, State of California, according to map filed October 1, 1887 in Book A, Page 48 of Maps, in the office of the County Recorder of said County, more particularly described as follows: Beginning at a point in the easterly right -of -way of Short Street, 60 feet wide, as shown on said map, said point being South 33 °01'09" East, 16.93 feet from the intersection of said easterly right -of -way of Short Street with the southerly right -of -way of Branch Street, as shown said map; thence southwesterly at right angles to said easterly right -of -way of Short Street, South 56 °58'51" West, 13.00 feet; thence southeasterly and parallel to said easterly right -of -way, South 33 °01'09" East, 53.55 feet; thence northeasterly at right angles to said easterly right -of- way, North 56 °58'51" East, 13.00 feet to said easterly right -of -way; thence along said easterly right -of -way, North 33 °01'09" West, 53.55 feet to the point of beginning. Containing: 696 square feet more or less Legal Description prepared by or under the LAND Supervision of: 5t E * s sr ao. ease � .� Cristi E. Fry or ci,of L.S. 8356 Page 1 of 1 \ \Slovault\sharcUOBS \I I.00554\Lcgal Descriptions\ OUTDOOR DMMG PROPERTY.doc FLYWEIT "" OU70OOR DINING PROPERTY N61 DODO E" BRANCH STREET 5565851'W o: N 25 DEEDS 497 1100' P b ,-,- 30' 30 ' h \ • � / r O /N a ti PURPOSES ONLY h ,�♦ �♦ � . g 30 17' I W :��. 110) iS y j jj N56 57' \I, G 1 S I Can o e W \ ct O L AND A �5 '� ° \ St1 f. n 1 U A J - 4 0 • / IIP (• , '� A 1 S N0 8336 At F NQ I triod/Ih,w�ossoc SCALE: 1 " =20' END OF DOCUMENT