HomeMy WebLinkAboutD-2149 Restrictive Covenant Affecting Real Property - San Luis Ranch2020049557
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo RECEIVED
Attn: City Clerk
990 Palm Street OCT 23 2020
San Luis Obispo, CA 93401
Tommy Gong
San Luis Obispo - County Clerk -Recorder
09/14/2020 08:39 AM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 6
Fees: $0.00
Taxes: 0.00
Total: 0.00
SLO CITY CLER
PRTN FRMR APN: 067-121-022 No fee pursuant to Government Code § 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code § 27383
RESTRICTIVE COVENANT
AFFECTING REAL PROPERTY
(No Build Zone)
THIS RESTRICTIVE COVENANT AFFECTING REAL PROPERTY ("Restrictive Covenant")
is made this 3c)A day of r ca4 , 20 [q by MI SAN LUIS RANCH, LLC, a
Delaware limited liability company (`°Own r"), as follows:
RECITALS
WHEREAS, Owner is the record owner of that certain real property ("Real Property")
located in the City of San Luis Obispo, State of California, described as:
Lot 7 shown on the map of Tract 3096 recorded on q / 14 , 20 0-0 in Book 240
of Maps, Pages I through qa, inclusive, in the office of the County Recorder of the
County of San Luis Obispo, State of California;
Lot 8 shown on the map of Tract 3096 recorded on Q /1 `T , 20 AU in Book `7O
of Maps, Pages ) 7 through q3 , inclusive, in the office of the County Recorder of the
County of San Luis Obispo, State of California; and
Lot 10 shown on the map of Tract 3096 recorded on Q / 1 Z� ' , 20 �.6 in Book
2-10 of Maps, Pages 17 through 43 , inclusive, in the office of the County Recorder
of the County of San Luis Obispo, State of California; and
Lot ,303 shown on the map of Tract 3096 recorded on q /r4' , 20 � in Book
" l �� of Maps, Pages 17 throughg3 , inclusive, in the office of the County Recorder
of the County of San Luis Obispo, State of California; and
Page 1
San Luis Ranch - Restrictive Covenant Allecting Real Property (No Build Zone)
(10-26-20 / S)
P —2%y41
Lot 309 shown on the map of Tract 3096 recorded on 1 , 20aO in Book
of Maps, Pages _[_�7_ through, inclusive, in the office of the County Recorder
of the County of San Luis Obispo, State of California.
WHEREAS, The County of San Luis Obispo operates the San Luis Obispo County Regional
Airport; and
WHEREAS, Owner makes this Restrictive Covenant to establish a no build zone ("No Build
Zone" over that portion of the R al Property depicted on the map of Tract 3096 recorded on
1 , 20� in Book s of Maps, Pages �'7 through4L3, inclusive, in the office
of the County Recorder of the County of San Luis Obispo, State of California incorporated herein
by this reference as though set forth in full, consistent with Condition 9 of the Conditions that the
San Luis Obispo County Airport Land Use Commission placed on its consistency determination
on April 19, 2017 and which provides as follows:
The Updated Amendments and Conditions of Approval shall provide for a 200 foot by
1, 200 foot "no build" zone within the S-1 b Safety Area that shall remain free of structures
except for infrastructure associated with any future planned highway interchange with
Highway 101. The "no build" zone may be used for parking areas with no lighting or
landscaping that exceeds 8 feet in height. All drive aisles in the "no build zone " will be
parallel with the centerline of the airport runway.
NOW, THEREFORE, that the Real Property shall be held, sold, leased, mortgaged,
encumbered, rented, used, occupied, improved and conveyed subject to the following Restrictive
Covenant, which shall run with the Real Property and be binding on all parties having or acquiring
right, title or interest in or to the Real Property or any party thereof, their heirs, successors and
assigns.
RESTRICTIVE COVENANT
1. Scope of the No Build Zone. The No Build Zone shall remain free of structures except for
infrastructure associated with any future planned highway interchange with Highway 101. The No
Build Zone may be used for parking areas provided that such areas contain no lighting or
landscaping that exceeds 8 feet in height. All drive aisles in the No Build Zone shall be parallel
with the centerline of San Luis Obispo County Regional Airport Runway 7-29.
2. Enforce. The City of San Luis Obispo and the County of San Luis Obispo shall have
the right, but not the obligation, to make a written demand to the Owner or any subsequent owner(s)
or lessor(s) of the Real Property (each a "Responsible Party"), or their designee, that required
maintenance or removal of any structures prohibited by this Restrictive Covenant be performed in
the No Build Zone. If a Responsible Party does not complete the required work within thirty (30)
days of such a demand, then the City of San Luis or the County of San Luis Obispo may if it
determines necessary, in its sole and absolute discretion, elect to maintain or remove any prohibited
Page 2
San Lws Ranch - Restrictive Covenant AFfecung Real Propertv ( No Build Zone)
t/0-?6-20/3)
structure, and each Responsible Party shall be joint and severally responsible for the costs of said
maintenance or removal.
3. Successors. The terms, covenants, and conditions of this Restrictive Covenant shall apply
to, and shall bind, the heirs, successors -in -interest, executors, administrators, assigns and
subcontractors of each Responsible Party.
4. Amendment. This Restrictive Covenant shall not be rescinded, revoked, modified or
otherwise changed or amended without the express written consent of the City of San Luis Obispo
after referral to the San Luis Obispo County Airport Land Use Commission.
5. Severability. In the event any term of this Restrictive Covenant is held invalid by a court
of competent jurisdiction, or subsequently enacted legislation, this Restrictive Covenant shall be
construed as not containing that term, and the remainder of this Restrictive Covenant shall remain
in full force and effect.
6. Captions. The captions of this Restrictive Covenant are for convenience only and are not
a part of this Restrictive Covenant and do not in any way limit or amplify the terms and provisions
of this Restrictive Covenant.
7. Entire Agreement. This Restrictive Covenant, including the exhibits attached hereto and
incorporated into this Restrictive Covenant by reference, constitutes the entire agreement with
respect to the subject matter hereof and supersedes all prior negotiations, oral and written.
8. Compliance with All Laws. The Owners agree that they shall comply with all laws
applicable to the work described in this Restrictive Covenant.
9. Waiver. Waiver of a breach or default under this Restrictive Covenant shall not constitute
a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this
Restrictive Covenant.
10. Governing Law and Choice of Forum. This Restrictive Covenant shall be construed and
enforced in accordance with the laws of the State of California. Any suit, claim, or legal proceeding
of any kind related to this Restrictive Covenant shall be filed and heard in a court of competent
jurisdiction in the County of San Luis Obispo.
11. Authority to Enter into Restrictive Covenant. The individuals executing this Restrictive
Covenant represents and warrants that they have the right, power, legal capacity, and authority to
execute this Restrictive Covenant on behalf of the Owner.
12. Effective Date. The effective date of this Restrictive Covenant shall be the date this
covenant is recorded.
Page 3
San Lws Raoch -Res Li ietive Covenaot Arrecting Real Property (No Build Zone)
(10-26-2013)
IN WITNESS THEREOF Owner has executed this Restrictive Covenant the day and year first
written above.
OWNER:
MI SAN LUIS RANCH, LLC,
a Delaware limited liability company
By: MI Entitlements IV, LLC
A Delaware limited liability company
Its: Manager
By: Presidio Merced Land IV Passive, LLC
A Delaware limited liability company
Its: Co -Manager
By:
Michael M. Sul
Its Authorized Representative
By: GGCCB, LLC
A California limited liability company
Its: Co -Manage
By:
Gary Gr sman
Its Ma Bing Member
[NOTAR YA CKNOWLEDGEMENTS ATTACHED. J
Page 4
San Luis Ranch— Restrictive Covenant Affiecting Real Property( \o Build Zone)
(10-26-2018)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189
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 i
County ofS� tS�q
On � �Jr�tA��Ul� before me,
Datd Here Insert Name and fitie of the fficer
personally appeared
Name(s) of
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
upon behalf of which the person(s) acted, executed the instrument.
SHERIF.KASTRAVA
Notary Public . California
@MY
San Luis Obispo County
Commission p 2263811
Comm. Expires Oct 22, 2022
Place Notary Seal and/or Stamp Above
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.
Signaturev lC
Signature of Notary Public
Vr 1 IVI\iiL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian of Conservator
❑ Other:
Signer is Representing:
Number of Pages:
Signer's Name:
❑ Corporate Officer —
❑ Partner — ❑ Limite
d
orawmamm
C2017 National Notary Association
ACKNOWLEDGMENT
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 truth-
fulness, accuracy, or validity of that document.
State of Minnesota
County of Hennepin
On 2/14/19
before me, Amy Sundell, Notary Public
(insert name and title of the officer)
personally appeared Michael M. Sullivan
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 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 para-
graph is true and correct.
WITNESS my hand and official seal.
SignatureAue�";7n'dd�(Seal)
[",107
AMY SUNDELL
NOTARY PUBLIC
MINNESOTA
YOMWIWim Exprea Nnuwy — 2M
END OF DOCUMENT