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HomeMy WebLinkAbout2018-045753 2018045753 Tommy Gong San Luis Obispo - County Clerk-Recorder RECORDING REQUESTED BY AND WHEN 11/01/2018 01:55 PM RECORDED RETURN TO: Recorded at the request of PUBLIC Titles: 1 Pages: 6 City of Arroyo Grande Fees: $0.00 300 East Branch Street Taxes: $0.00 Arroyo Grande, CA 93420 Total: 0.00 111114RIECNitiM11111 Public Agency—Exempt from Recording Fee DECLARATION OF RESTRICTIVE COVENANT This DECLARATION OF RESTRICTIVE COVENANT ("Restrictive Covenant") is made this day of Od e.r , 2018, (the"Effective Date")by Billy Kilmer and Amy Knupp, as husband and wife (referred to herein as "Declarants"). WHEREAS, Declarants are the sole owners of the following real property: PARCEL 2 OF PARCEL MAP NO. AG 86-210, IN THE CITY OF ARROYO GRANDE, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA ACCORDING TO MAP RECORDED JUNE 2 1987 IN BOOK 41, PAGE 62 OF PARCEL MAPS. APN: 007-781-051 (the"Property"); and WHEREAS, on July 17, 2018, Declarants' application for Lot Line Adjustment Number 17-005 was approved by the Planning Commission of the City of Arroyo Grande through the adoption of Resolution No. 18-2305; and WHEREAS, Condition of Approval Number 11 of said Resolution required Declarants to create a no-build area over a portion of the Property described and shown on the attached Exhibits "A- 1" and"A-2"; and WHEREAS, by this Restrictive Covenant, Declarants wish to comply with said Condition of Approval. NOW THEREFORE, in consideration of the above recitals and mutual covenants, terms, conditions and restrictions contained herein, Declarants hereby declare that the Property be held, transferred, conveyed, leased, occupied, or otherwise disposed of, and used subject to the following restrictive covenants, which shall run with the land, and be binding upon Declarants' heirs, successors in interest, administrators, assigns, lessees, or other occupiers and users of the Property, or any portion of it. 1. Purpose. The purpose of this Restrictive Covenant is to create a minimum distance of 50 feet which a building or structure must be set back from the southwestern property line of the Property. 1 2. Covenants and Restrictions. a. No building or structure shall be constructed, installed or maintained on, across or over any portion of the Property described in Exhibit A-1 and depicted on Exhibit A-2,both of which are attached hereto and incorporated herein by this reference(the "No-Build Area"). b. There shall be no prohibition on constructing, installing and maintaining driveways, sidewalks, fences, access gates, landscaping trash enclosures, and similar improvements in the No-Build Area. 3. Reserved Rights. Declarants hereby reserve to themselves, and to their personal representatives, heirs, successors and assigns, all other rights accruing from their ownership of the Property which are consistent with this Restrictive Covenant. 4. Term and Amendment. This Restrictive Covenant shall remain in full force and effect in perpetuity, or until it has been otherwise amended. Any amendment of this Restrictive Covenant shall require the prior written consent of the Community Development Director of the City of Arroyo Grande. 5. City Enforcement. The City of Arroyo Grande shall have the right to enforce each and every provision hereof. 6. Judicial Enforcement. Enforcement shall be by proceeding at law or in equity, either to restrain a violation or an attempted violation or by suit to recover damages against any person or persons violating or attempting to violate this Restrictive Covenant. 7. Governing Law. This Restrictive Covenant has been executed and delivered in, and shall be interpreted, construed and enforced pursuant to and in accordance with the laws of the State of California. 8. Enforceability. If any term, covenant, condition, or provision of this Restrictive Covenant is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 9. Notices. Unless otherwise provided, all notices herein required shall be in writing and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given as required herein shall be addressed as follows: City of Arroyo Grande Billy Kilmer and Amy Knupp 300 E. Branch Street 747 Printz Road Arroyo Grande, CA 93420 Arroyo Grande, CA 93420 Provided that any party may change such address by notice in writing to the other party, and thereafter notices shall be addressed and transmitted to the new address. 2 10. Attorney's Fees. If suit, arbitration or other action of any type or nature is brought to enforce any of the terms and conditions of this Restrictive Covenant, be it in law or in equity,the prevailing party shall be entitled to an award of its attorney's fees in addition to all other costs and/or expenses of collection, suit, arbitration and/or other action taken. 11. Authority of Parties.All persons executing this Restrictive Covenant warrant that they have the authority to execute this Restrictive Covenant. 12. Recitals. The above recitals are true, correct and are incorporated herein by this reference. IN WITNESS WHEREOF Declarants have executed this Restrictive Covenant the day and year first written above. Declarants: Billy Kilmer and Amy Knupp, as husband and wife 51a.- 13,'11 Date: l© 95 " �2 3 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. State of California County of Sam s C)) 0o ) On 13 2018, before me, 24e/-7- 2111 Notary Public,personally appeared,Billy Kilmer, who 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 on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal• ralia"1"641641.411"1"1"161,,.. '•_ ., ROBERT RA0.sBACK Notary Public•California 4;4; SCaonmLmussiOboniNo2Cz My Comm.Expires May 13,2022 Signature j [Seal] — ——— — — —— — ——— A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of „, l w Sshio ) Onn- ' 2018, before me, Oc, ` u.' d Notary Public,personally appeared,Amy Knupp, who 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 on behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. p .4104*..; ROBERT RAILSBACK Notary Public•California San Luis Obispo County Commission#2236303 Signature '7 [Seal] '''''";°‘ My Comm.Expires May 13.2022 4 EXHIBIT A-1 "NO-BUILD AREA" PARCEL 2 OF LLA NO. 17-005 APN:007-781-051 A STRIP OF LAND, 50.00-FEET WIDE, ON AND ACROSS THAT PORTION OF PARCEL 2 OF LOT LINE ADJUSTMENT NO. 17-005 PER THE CERTIFICATE OF COMPLIANCE RECORDED IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHWEST 50.00 FEET OF SAID PARCEL 2.THE NORTHEAST LINE OF SAID STRIP OF LAND TO BE PARALLEL WITH AND 50.00 FEET DISTANT FROM THE SOUTHWEST BOUNDARY LINE OF SAID PARCEL 2. THE SIDELINES OF SAID 50.00-FOOT WIDE STRIP OF LAND TO BE LENGTHENED OR SHORTENED AS TO TERMINATE ON THE NORTHWEST AND SOUTHEAST BOUNDARY LINE OF SAID PARCEL 2. CONTAINING 13,434.5 SQUARE FEET MORE OR LESS THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT AND IS SHOWN ON THE ATTACHED EXHIBIT"A-2"AND MADE A PART HEREOF /4• -!-� /V10 JEFFREY,'!TMBO, 7 eNpL�No sATE 9 cr JEFFREY G. o ° ZAMBO 70 o.9210 SOF CA .\�O Page 1 of 2 EXHIBIT A-2 4 1 1 Y "NO-BUILD AREA" PARCEL 2 OF LLA NO. 17-005 APN: 007-781-051 Nsss. ,,--h. 7' WIDE OFFER OF ` �;h1 '!QO Ofz DEDICATION PER 41-PM-62 s-'6, 40 W / / .RcZP' F hh• 43 • ,� h0 h <v4,0�,\ ,, / f, .N V / N SCALE: 1"=150' rt; � h 0) 4) (D" 6/ , // (;;'-‘1.(2 \. �h 0h. 4(.5',5s. h (0- (_, V P � � o� h1/Cz_ Q P P 0 XI ' P // Q () J 66' / (Ci/ °91 �� / Q� Cti' hie /ss� .I 11111 / 1 \\ / oiliii �� i� J , <2., <,;, N, , ,, v / /n�i`L? QPM Q� AD 0 / ,' BASIS OF BEARINGS ADA Q/4ic,k ALL BEARINGS SHOWN HEREON ARE RECORD AND PG 41- 't- FROM RECORD INFORMATION PER PARCEL / QV1`O 4? oh MAP 'AG-210" RECORDED JUNE 2, 1987 IN BOOK 41 OF to MAPS AT PAGE 62 IN THE COUNTY OF SAN LUIS OBISPO `VRECORDERS OFFICE. (%, N0 \�NAL LAND tissR�o , Q M^ Cl- JEFFREY O G 70 s * Ar" PARCEL 4 �'?,sem / / N� No.92t031 PM 18 �' �1��P Wit CALK I 0 Poge 2 of 2