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HomeMy WebLinkAbout9/24/2020 Item Public Comment, Donatello Wilbanks, Megan From:Allison Donatello < To:Advisory Bodies; Harmon, Heidi Subject:Fw: Restrictive Covenant Modification Attachments:Commonly-Recorded-Restrictive-Covenant-Modificat.pd.pdf; GroupYear 1940 Book 276.pdf; GroupYear 1940 Book 276.pdf This email is for the Diversity Equity and Inclusion Task Force Committee and Mayor Heidi Harmon. And the meeting for September 24, 2020 I would like to bring to the Mayor's and DEI Task Force member's attention, just in case you are not aware, that the in the Anholme District's home titles contain a restrictive covenant (CC&R's) prohibiting "any persons of any race other than the Caucasian race to use or occupy any building or lot..." I assume that includes purchasing or owning as well. When I purchased my home 20 years ago I noticed this covenant. I am embarrassed to say, I only recently had the document redacted to omit number 6 of vol. 276 page 192 (page attached). To accomplish this, I called the SLO County Clerk and a representative walked me through the process. I have attached the e-mail so you can see it's a moderately involved process nonetheless, #6 has been redacted. Please know that this redaction only applies to my property at 754 Lincoln and that there's an entire development here where if the home owner checks their title, they will find the restrictive covenant applies to their property. It's a small effort in light of an enormous problem but am so relieved to have it removed, perhaps others in the district would feel the same. I have told several neighbors who were surprised and unaware. Please let me know if you have questions. Thank you. Allison Donatello 754 Lincoln Street 805.801.4897 Sent from Yahoo Mail on Android ----- Forwarded Message ----- From: "Allison Donatello" < To: "Allison Donatello" < Sent: Thu, Aug 27, 2020 at 7:36 PM Subject: Fw: Restrictive Covenant Modification Sent from Yahoo Mail on Android ----- Forwarded Message ----- From: "Sandy Currens" < To: "' " < Sent: Thu, Aug 27, 2020 at 4:49 PM Subject: Restrictive Covenant Modification Dear Allison, I apologize for the delay in getting these documents to you. Please find the Restrictive Covenant Modification that you will need to complete and take it to a Notary Public to complete the 1 acknowledgment. You will need to attach 1 clean version of the CC&R and 1 redaction version of the CC&R to the document. Once completed you can either mail it to the County Clerk-Recorders office at 1055 Monterey St., D120 San Luis Obispo CA 93408 or you can drop it off for recording. The document will be returned to you within 3-4 weeks. If you have any further questions feel free to email me or call the County Clerk-Recorder’s office at 805-781- 5080. Sincerely, www.slovote.com Follow us on Facebook Follow us on Twitter 2 Recording Requested By When recorded mail document to Above Space for Recorder’s Use Only RESTRICTIVE COVENANT MODIFICATION I (We) have an ownership interest of record in the property located at ________________________________________ that is covered by the document described below. The following referenced document contains a restrictive covenant based on race, color, religion, sex, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry that violates state and federal fair housing laws and that restriction is void. Pursuant to Section 12956.2 of the Government Code, this document is being recorded solely for the purpose of eliminating that restrictive covenant as shown on page(s) ______________ of the document recorded on _______________ (date) In book ____________ and page __________ , or Document No. __________________________ of the Official records of the County of ___________________________________________ , State of California. The document referenced above was originally indexed in the following manner and this document shall be indexed in like manner pursuant to Section 12956.2 (e). The effective date of the terms and conditions of this modification document shall be the same as the effective date of the original document referenced above. Dated Printed Name(s) 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 } On before me, , a Notary Public, personally appeared 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/their/her authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon 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. Signature k V O L BARBARA JIMINGS 1522 to THIS INDENTURE made the 23rd day of March, 1940, between BARBARA CHRIS ANHOLM, of ux. MININGS, a fjin(,,le woman, of the City of San Luis Obispo, County . . . . . . . . . . . of San Luis Obispo, State of California, the party of the first part, and CHRIS ANHOLM and JOHANNE' K. ANHOLIA, bis vilfe, of the same place, the Parties of the second part; WI` NES'SETH: That the said party of the first part, In consideration of the cum of Ten Dollars (jjO.O( lawful money of the United States, to her in hand paid by the said parties of the second part, the rooeipt whereof is hereby acknowledgbd, does by these presents grant, bargain, and sell unto the said parties of the second part, in joint tonancy, and to the survivor of them, and to the heirs and assigns of such survivor, forever, all those certain lots, pieces, or parcels of land situate in the City of Ban Luis Obispo, County of San Luis Obis State of California, end bounded and described as follows, to wit: Lots One (1) to Thirteen (13) Inclusive, and lots hiftjitoen (18) and Nineteen (19), all in block Two (2); lots Four (4) to Seven (7), Inclusive, all In block Three (3) ; lot six (6) in block Four (4); lots One (1) to Four (Ij , Inclusive, and lots Six (6) to Eleven (11) inclusive, all in block Five ( 5) ; lot Three (3) In block Seven (7); lot Four (4) and lots Six (6) to Ten (10) inclusive, and lot Seventeen (17) t all in block Eight (8); lots rive (5) and Eight (8) in blook Nine (9); lots Ten (10) and Eleven (11) in block Ten (10) ; and lot Four (4) in block Sixteen (16) , acoordint:, to the map of the Anholya Addition recorded In the office of the County Recorder of said County of Son Luis Obispo, W in book Three of aps, tit page 91 thereof'; Together with the tenements, horoditamentnp and appurtenances therounto bolongeing or appertaining,and the reversion and reversions, remainder and remainders, ronts, issues, and profits thereof; to have and to hold the said promises, together with the appurtenances, unto the said parties of the second part no joint tenants, and not as tononts In corrunon, with right of ouTvivorshlp, and to the hairs and assigns of such survivor forever, subjoot P however, to, and this deed of oonvoyanoo is unde and accepted upon, each of the following restrictions, limits, and conditions subsequent, which are hereby mado to run with the lane and which ohall apply to and bind the parties of the second part and the hairs, devisees, executors, administrators, and assigns of the survivor of them, or whosoever, by legal proceedings or otherwise, shall acquire or suooeadto any right, title, interest or estate In or to the said described property or any part, lot, or parcel thereof, and shall like- wise be, have, and Inure to the benefit of each, any, and all property ovniers of said Anholm Addition, to wit: First: All of the hereinbeforo described lots shall be known and described as residential lots and no structures shall be orectod, altered, placed, or permitted to remain on any residential building plot other than one detached, .9inglo family dwelling, not to exceed two stories In height, and a private garage for no more than three cars, and customary out- buildings. Clecond: No building shall be located on any residential building plot nearer than twenty- five (25) feet to the front lot line, excepting on the hereinbefore described lots Four to Seven inclusive, In block Three, and on the hereinbofore described lots One to Thirteen Inclusive, in block Two, and on the hereinbefore described lots Ten and Eleven in block Ten, where buildings may be located not nearer than twenty feet from the front lot line. 191 192 _ Third: No building shall be located on any residential building plot nearer than ten feet to any side street line. No building, excepting garage or other outbuildings located sixty-five feet or more from the front lot line, shall be -located neede*han five feet to any side lot line. Fourth: No residential structure shall be erected or placed on any building plot which plot has an area of less than five thousand (5,000) square foot, or a width of less than fifty (50) foot at the front building, setback line, except that a residence may be erected or placed on the hereinbefore described lots, to wit: Lots three (3) to six (6) inclusive in block two (2); lots four (4) and seven (7) in block. three (3); end lots ten and eleven in block ten. Fifth: No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done theroon wlsioli may be or become an annoyance or nuisance to the neighborhood. , Sixth: No persons of any race other than the Caucasian race shall use or ocoupy any building or any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race domiciled with an owner or tenant, Seventh: No trailer, basement, tent, shack, garage, barn or other outbuilding erected in the tract shall at any time be usod as a residence temporarily or permanently, nor shall any structure of a temporary oharaoter be used as a residence. Highth: No dwelling; costing loss than Three Thousand Dollars ($>3,000.00) shall be permit ed on any lot in the tract. The ground floor area of the main structure, exclusive of one- story open porches, end garages shall. be not less than Nine Hundred (900) square root in tie case of a one-story structure nor loss than Nino hundrod (900) square foot in the cease of a one and one-half, two, or two and one-half story structuro. Ninth: An easement in roserved over the roar five foot of each lot for utility installation and maintenance. Tenth: These covenants are to run with the land and shall be binding on all the parties and all. persons claiming; under them until January 1, 1969, at which timo :,aid covenants shall be automatically extended for successive periods of ten ,years unless by a vote of th ssgajority of the then owners of the lots it is aGrood to change the said covenants in whole or in part. Eleventh: If the parties hereto, or any of them, or their heirs or assigns, shall violat or attempt to violate any of the covenants heroin it shall be lawful foVany other person or persons owning any real property situated in said development or subdivision to proseoul a any proceedings at law or in equity against the person or persons violating Or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. Twelfth: Invalidation of any one of these covenants by judggsaent or court order shall in n wise affect any of the other provisions which shall romain in full force and effect. Thirteenth: That the hereinbefore described lots and/or parcels of land, or any interest or estate therein, shall not be sold, lotased, conveyed, or otherwise transferred by the parties of the second part, or by the survivor of them, or .by the heirs and assigns of either of them, or by no subsequent grantoe, lessee, or transferee, or by process of law, or otherwise, except by an instrument in writing; containing; the restrictiofts, - conditions, and covenants herein :.et forth, or by proper record reference makiN, the same S part of said instrument. That no United States Internal Revenue stamps have been attached hereto for the reason r I ...A V 0 L LAI that the consideration involvod is less than Ono Hundred Dollars ($100.00). IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand the day and year first above written. Barbara Jonnings State of California, ) )ss. County of San Luis Obispo ) On this 23rd day of March, 1940, before me, A.V. Iiullor, a notary Public in and for the County of San Luis Obispo, personally appeared Barbara Jonnings, known to me to be the person whose name is subscribed to the within instrument, and she duly acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Cool at my office in the County of San Luis Obispo, State of California, the day and year in this certificate first above written. DL A.V.Mullor Rotary Public in and for the County of (Seal) San Luis Obispo, State of California RECORDED AT REQUEST OF A.V. Muller, Atty. UAR 23 191,.0 at 52 min. pant 11 o} Block A.t,4. PI.L.Ramago County R000rdor By MRry 0. Sparman Deputy Recorder VGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVUVGVGVGVGVGVGVG CAMBRIA PINES BEACH CO. 1515 to : In Consideration of TEN AND NO1l00 ($10.00) Dollars CAMBRIA KATFILEFA M. JORDAN, et al. : PINES DFACH COMPANY, a corporation, Does Horoby Grant to • • KATHLERH M. JORDAN, a single va>man, and tMIiI.AN 13. JORDAN, a single woman, as joint tencints, all that Ilea]. Vroporty si.tuato .in the County of San Luis Obispo, State of California, described as follows: Lot ONE (1), Block T'''11,,VTY-FOUR (2/), of Cambria Pinos, Unit No. TIIREE (3), according to the map thereof filed in the Office of the County Reeordor, of the County of San Luis Obispo, State of California, in Book Number Three (3), at Page Ono Rundrod Teti (3.10) of 14ap Excepting, therefrom, however, and reserving to the Grantor, its ouccossovs and assigns, the right to enter upon, er.00t, construct, maintain and operate telephone, telegraph, electric light and power poles, wires, cables, linos and conduits, sower pipes, gas and water mains in, upon, over, along and across a strip three (3) feet in width along the entire rear lines of said lots. EACH LOT SUDWECT TO: TAXES, FISCAL YEAR 1931-1932 Each Lot in Unit No. 3 Subject to the Following: CONDITIONS, RESTRICTIONS and RI1,81AZVATIONS, which constitute a general .plan for the improvement of said unit of Cambria Pines and which shall run with the land and shall operate as conditions subsequent and shall operate not only for the benefit of the grantor but for the benefit of the ovmer or owners of any of the lots hereby conveyed as against the owner or owners of tho balanco of the lots in said snit of Cambria Pines except Block 31, which is free and clear of all reservations or restrictions and for the benefit of he owner or owners of all the lots hereby conveyed as against the owner or owners of any articularr lot or lots, and which shall be beinding upon grantor, his heirs, executors, drainistrators and assigns, and upon all persons holding under or through him, and all orsons who may -acquire any interest in or to any of said lot or lots by operation of law r by or in any other manner whatsoever, namely: 193 tsl.00 UIS.I.R. STAMP AFFIXED CANCELED k V O L BARBARA JIMINGS 1522 to THIS INDENTURE made the 23rd day of March, 1940, between BARBARA CHRIS ANHOLM, of ux. MININGS, a fjin(,,le woman, of the City of San Luis Obispo, County . . . . . . . . . . . of San Luis Obispo, State of California, the party of the first part, and CHRIS ANHOLM and JOHANNE' K. ANHOLIA, bis vilfe, of the same place, the Parties of the second part; WI` NES'SETH: That the said party of the first part, In consideration of the cum of Ten Dollars (jjO.O( lawful money of the United States, to her in hand paid by the said parties of the second part, the rooeipt whereof is hereby acknowledgbd, does by these presents grant, bargain, and sell unto the said parties of the second part, in joint tonancy, and to the survivor of them, and to the heirs and assigns of such survivor, forever, all those certain lots, pieces, or parcels of land situate in the City of Ban Luis Obispo, County of San Luis Obis State of California, end bounded and described as follows, to wit: Lots One (1) to Thirteen (13) Inclusive, and lots hiftjitoen (18) and Nineteen (19), all in block Two (2); lots Four (4) to Seven (7), Inclusive, all In block Three (3) ; lot six (6) in block Four (4); lots One (1) to Four (Ij , Inclusive, and lots Six (6) to Eleven (11) inclusive, all in block Five ( 5) ; lot Three (3) In block Seven (7); lot Four (4) and lots Six (6) to Ten (10) inclusive, and lot Seventeen (17) t all in block Eight (8); lots rive (5) and Eight (8) in blook Nine (9); lots Ten (10) and Eleven (11) in block Ten (10) ; and lot Four (4) in block Sixteen (16) , acoordint:, to the map of the Anholya Addition recorded In the office of the County Recorder of said County of Son Luis Obispo, W in book Three of aps, tit page 91 thereof'; Together with the tenements, horoditamentnp and appurtenances therounto bolongeing or appertaining,and the reversion and reversions, remainder and remainders, ronts, issues, and profits thereof; to have and to hold the said promises, together with the appurtenances, unto the said parties of the second part no joint tenants, and not as tononts In corrunon, with right of ouTvivorshlp, and to the hairs and assigns of such survivor forever, subjoot P however, to, and this deed of oonvoyanoo is unde and accepted upon, each of the following restrictions, limits, and conditions subsequent, which are hereby mado to run with the lane and which ohall apply to and bind the parties of the second part and the hairs, devisees, executors, administrators, and assigns of the survivor of them, or whosoever, by legal proceedings or otherwise, shall acquire or suooeadto any right, title, interest or estate In or to the said described property or any part, lot, or parcel thereof, and shall like- wise be, have, and Inure to the benefit of each, any, and all property ovniers of said Anholm Addition, to wit: First: All of the hereinbeforo described lots shall be known and described as residential lots and no structures shall be orectod, altered, placed, or permitted to remain on any residential building plot other than one detached, .9inglo family dwelling, not to exceed two stories In height, and a private garage for no more than three cars, and customary out- buildings. Clecond: No building shall be located on any residential building plot nearer than twenty- five (25) feet to the front lot line, excepting on the hereinbefore described lots Four to Seven inclusive, In block Three, and on the hereinbofore described lots One to Thirteen Inclusive, in block Two, and on the hereinbefore described lots Ten and Eleven in block Ten, where buildings may be located not nearer than twenty feet from the front lot line. 191 192 _ Third: No building shall be located on any residential building plot nearer than ten feet to any side street line. No building, excepting garage or other outbuildings located sixty-five feet or more from the front lot line, shall be -located neede*han five feet to any side lot line. Fourth: No residential structure shall be erected or placed on any building plot which plot has an area of less than five thousand (5,000) square foot, or a width of less than fifty (50) foot at the front building, setback line, except that a residence may be erected or placed on the hereinbefore described lots, to wit: Lots three (3) to six (6) inclusive in block two (2); lots four (4) and seven (7) in block. three (3); end lots ten and eleven in block ten. Fifth: No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done theroon wlsioli may be or become an annoyance or nuisance to the neighborhood. , Sixth: No persons of any race other than the Caucasian race shall use or ocoupy any building or any lot, except that this covenant shall not prevent occupancy by domestic servants of a different race domiciled with an owner or tenant, Seventh: No trailer, basement, tent, shack, garage, barn or other outbuilding erected in the tract shall at any time be usod as a residence temporarily or permanently, nor shall any structure of a temporary oharaoter be used as a residence. Highth: No dwelling; costing loss than Three Thousand Dollars ($>3,000.00) shall be permit ed on any lot in the tract. The ground floor area of the main structure, exclusive of one- story open porches, end garages shall. be not less than Nine Hundred (900) square root in tie case of a one-story structure nor loss than Nino hundrod (900) square foot in the cease of a one and one-half, two, or two and one-half story structuro. Ninth: An easement in roserved over the roar five foot of each lot for utility installation and maintenance. Tenth: These covenants are to run with the land and shall be binding on all the parties and all. persons claiming; under them until January 1, 1969, at which timo :,aid covenants shall be automatically extended for successive periods of ten ,years unless by a vote of th ssgajority of the then owners of the lots it is aGrood to change the said covenants in whole or in part. Eleventh: If the parties hereto, or any of them, or their heirs or assigns, shall violat or attempt to violate any of the covenants heroin it shall be lawful foVany other person or persons owning any real property situated in said development or subdivision to proseoul a any proceedings at law or in equity against the person or persons violating Or attempting to violate any such covenant and either to prevent him or them from so doing or to recover damages or other dues for such violation. Twelfth: Invalidation of any one of these covenants by judggsaent or court order shall in n wise affect any of the other provisions which shall romain in full force and effect. Thirteenth: That the hereinbefore described lots and/or parcels of land, or any interest or estate therein, shall not be sold, lotased, conveyed, or otherwise transferred by the parties of the second part, or by the survivor of them, or .by the heirs and assigns of either of them, or by no subsequent grantoe, lessee, or transferee, or by process of law, or otherwise, except by an instrument in writing; containing; the restrictiofts, - conditions, and covenants herein :.et forth, or by proper record reference makiN, the same S part of said instrument. That no United States Internal Revenue stamps have been attached hereto for the reason r I ...A V 0 L LAI that the consideration involvod is less than Ono Hundred Dollars ($100.00). IN WITNESS WHEREOF, the said party of the first part has hereunto set her hand the day and year first above written. Barbara Jonnings State of California, ) )ss. County of San Luis Obispo ) On this 23rd day of March, 1940, before me, A.V. Iiullor, a notary Public in and for the County of San Luis Obispo, personally appeared Barbara Jonnings, known to me to be the person whose name is subscribed to the within instrument, and she duly acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Cool at my office in the County of San Luis Obispo, State of California, the day and year in this certificate first above written. DL A.V.Mullor Rotary Public in and for the County of (Seal) San Luis Obispo, State of California RECORDED AT REQUEST OF A.V. Muller, Atty. UAR 23 191,.0 at 52 min. pant 11 o} Block A.t,4. PI.L.Ramago County R000rdor By MRry 0. Sparman Deputy Recorder VGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVGVUVGVGVGVGVGVGVG CAMBRIA PINES BEACH CO. 1515 to : In Consideration of TEN AND NO1l00 ($10.00) Dollars CAMBRIA KATFILEFA M. JORDAN, et al. : PINES DFACH COMPANY, a corporation, Does Horoby Grant to • • KATHLERH M. JORDAN, a single va>man, and tMIiI.AN 13. JORDAN, a single woman, as joint tencints, all that Ilea]. Vroporty si.tuato .in the County of San Luis Obispo, State of California, described as follows: Lot ONE (1), Block T'''11,,VTY-FOUR (2/), of Cambria Pinos, Unit No. TIIREE (3), according to the map thereof filed in the Office of the County Reeordor, of the County of San Luis Obispo, State of California, in Book Number Three (3), at Page Ono Rundrod Teti (3.10) of 14ap Excepting, therefrom, however, and reserving to the Grantor, its ouccossovs and assigns, the right to enter upon, er.00t, construct, maintain and operate telephone, telegraph, electric light and power poles, wires, cables, linos and conduits, sower pipes, gas and water mains in, upon, over, along and across a strip three (3) feet in width along the entire rear lines of said lots. EACH LOT SUDWECT TO: TAXES, FISCAL YEAR 1931-1932 Each Lot in Unit No. 3 Subject to the Following: CONDITIONS, RESTRICTIONS and RI1,81AZVATIONS, which constitute a general .plan for the improvement of said unit of Cambria Pines and which shall run with the land and shall operate as conditions subsequent and shall operate not only for the benefit of the grantor but for the benefit of the ovmer or owners of any of the lots hereby conveyed as against the owner or owners of tho balanco of the lots in said snit of Cambria Pines except Block 31, which is free and clear of all reservations or restrictions and for the benefit of he owner or owners of all the lots hereby conveyed as against the owner or owners of any articularr lot or lots, and which shall be beinding upon grantor, his heirs, executors, drainistrators and assigns, and upon all persons holding under or through him, and all orsons who may -acquire any interest in or to any of said lot or lots by operation of law r by or in any other manner whatsoever, namely: 193 tsl.00 UIS.I.R. STAMP AFFIXED CANCELED