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HomeMy WebLinkAboutF-111[ I T 4 I LERH"S F 1 LE I10. F-iti SUBJECT: March 18, 1954. Sliest Coast Homes, Inc. C/o T. Preston r:®bster, P.O. Pox 748 Santa Barbara, California Dear Sir: Enclosed is the 000 cash bond check that you deposited with: the City of San Luis Obispo for improvements to be Made ir. the Oark View Ho -es "Tact. enclosed is a city warrant for w147.00 for building, permits Laken out by the ''.-est Coast Hones Inc. and not used. Also, a city warrant for 20.00 for water conrecticns paid for but not used. Yours truly, tzpatr c JHF:.:R Di -actor of Finance. er.c. JUN 22195 WEST COAST HOMES : OCOD�OD�T 2D 1 T 15 STATE STREET • TELEPHONE 5-1a41 • SANTA BARBARA • CALIFORNIA June 13, 1953. Andre & Andre Attorneys at Lax 1041 Chorro Street San Luis Obispo, California Attention: Mr, George L. Andre, City Attorney Dear George: This letter will be your authorization to use $795.47 from the t2200 fund that will be made available from San Luis Obispo N2 fund upon signing of the contract agreement for the improvements for our San Luis Obispo #2 subdivision, together with the issuance of the 05,000, per- formance bond. This money will be made available tothe City of .San Luis Obispo. If there are any further questions in regard to this matter, please contact me personally at my office. Very truly yours, WEST COAST HOMES, INC. 7L B. Nelson, resident LBN :.HP Al June 5th, 1953. rr. L. B. Nelson President "feet Coast Homec 1715 State street Santa 9arbara Dear ur. Belson: ;t its meeting nonday night the City Council brouFht up the matter of your letter of uay 21, 1953, regarding the cost of the inspection charges for the off -site improvements on your Tract No. 2. Ccincil•an Paul Davis: asked that I write you for a lette: from you authorising the City to use up any balance oominto you I from the 42200 to pay off the 5795.4owing from the ex006e ohargec on Tract No. 1, with the further nromiae on your part to FRY any difference eh:nki the Tract No. 2 balance be not sufficient to take care of t'e full 1795.47- If becouce of some reason unknow to us that method of paying the 4795.47 is not poselble woul: it be convsnient fIr you to appear at the next City council meeting on June 15 to see if the matter can be handled or adjusted in some ot`,er matter. Very truly y)urs, ia,rge Andre, City .'attorney. . M � WEST COAST HOMES �RC0 RY 0 R A T 90 1915 STATE STREET . TELEPHONE 5.1041 • SANTA BAR BARA . CALIFORNIA May 21, 1953 Mr. Homer Hamlin City Engineer San Luis Obispo, California Dear Sir: As per our mutual agreement, my company agrees to deposit with the City of San Luis Obispo the sum of $2200 to cover the inspection charges for the off -site improvements on our Park View Homes Tract No. 2. It is understood and agreed that this money will be held in a separate trust account and that all accounting for payroll, etc., will be made available to our accounting department should theydesire to check the same. It is further understood and agreed that we will be charged for only the actual expenses of an inspector on the job and that said charges will be made only for this inspector's time on the job site. Should the charges be in excess of the $2200, I shall be willing to reimburse the excess to the City of San Luis Obispo at the completion of the job. Should the charges be less than $2200, I would expect to be reimbursed upon the completion of the off -site improvements on our tract. The above mentioned sum will be deposited at the time the bond is issued from our surety company to the City of San Luis Obispo and at the time that the contract agreement in signed by the Mayor and the City Clerk. Very truly yours, WEST COAST HOMES, INC. Nelson, res ent 25-1257f��� LBN: d f!«!1 OlS(6 L. B. Nelson Co., 1715 sstAte Btrest, Banta Berbera, Calif. Ai tul Br. Dear girl October 21, 1952 Thar[ yen for your letter of Oct. 22, 1952 •nolosingl COPY of purchape order and the 5 separate quotstion■ on 80 oast Iron pipe. It is agreed that the bid of James B. Clow Co. shal be accepted on the bads of most rapid delivery and truck h*ul— ing to the Job site. Apparently no other bidder Can supply the PIP* within the required time 11aIt. In order to comply with City requirements, you ere re— queeted to piece an additional, joyarots, order with James B. Clow for an additional 41500. worth o. s pipe. ?hie letter Is Your suthorltY to plaoa this additional, gIMPratf, order, an^. to submit afar• to the City of Son Luis Obispo for oeyment in full. A third, eeperste, order for the bolanee of the bins required will be placed and paid for independently by the City of San Luis Obispo. , Yours very truly, G. A. N..NLIN, City 6nginesr July 7, 1952 Honorable Mayor and City Council San Luis Obispo, California Gentlemen: In connection with agreement dated July 3, 1952 by and between West Coast Homes, Inc. and the City of San Luis Obispo, it is hereby agreed that the following supplemental provisions be added thereto, to be performed by said West Coast Iiomes, Inc.: (1) A sewer connection charge of '�W34.53 for each lot shall be paid by West Coast Homes, Inc., said connection charge to be paid on or before the start of construction of each individual home. (2) Said West Coast Homes, Inc. shall deposit with the City the sum of $1,500.00, from which deposit the City will pay the salary and expenses of an inspector or inspectors to upauY=a inspect installation of off site improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended moneys will be returned to West Coast Homea Inc. The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or Inspectors. Sincerely yours, WEST TT OMES INC. { es e e eon, res en AGREEMENT THIS AGREEMENT, date this tetra day of July, 1952, by and between West Coast Homes, Inc., a corporation, herein referred to as ^Subdivider " and the City of San Luis Obispo, herein referred to as the &'City," !.IIIEs$$IH: REFERENCE IS HEREBY MADE to that certain proposed sub- division of that certain real property situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is attached hereto, to be known as Park View Homes (Section A), 1,,,,(,_ WHEREAS the Subdivider desires that said Subdivision Map of said Park hew Homes (Section A) be accepted and approved as a final map, pursuant to the Subdivision Regulations of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations that the Subdivider agree to install the street improvements and utility lines and facilities therein set forth. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to install and construct the follow- ing subdivision improvements, in accordance with said Subdivision Regulations and in accordance with plans and specifications on file in the office of the City Engineer of the City of San Luis Obispo, to wit: 1. CURBS AND GUTTERS: The Subdivider shall install concrete curbs and gutters upon all streets dedicated to the City by and pursuant to said Subdivision Map, said improvements to be installed in accordance with plans and specifications on file in the office of said City Engineer. 2. STREET SURFACING: The Subdivider shall grade and pave all streets shown upon said Subdivision Map pursuant to and in accordance with plans and specifications on file in the office of said City Engineer. 3. WATER MAINS AND SEWER COLLECTING SYSTEMS: The Sub- divider shall install water mains and sewer collecting systems as shown by plans and specifications on file in the office of said City Engineer. 4. LIGHT AND GAS FACILITIES: Light and gas facilities shall be installed as shown by plans and specifications on file in the office of said City Engineer. I£ the public utility companies supplying such services file with the City a letter stating that such services will be provided, the Subdivider will be deemed to have complied with this provision. The lines and grade for all of said improvements shall be established by the Subdivider, in accordance with plans and specifications on file and approved by said City Engineer. The Subdivider agrees to commence the installation of said improvements within ninety (90) days from the date of record- ing of the Subdivision Yap and that all work shall be fully com- pleted within a reasonable length of time and in no event more then three years after the date of such recordation. As to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for the Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, a good and sufficient bond signed and executed by the Subdivider and owner of the land, as principal, and by his surety, in favor of the City of San Luis Obispo, and con- ditional upon the faithful performance of this agreement, which said bond is in the amount of 950,000, and which is in the amount of the estimated cost of said improvements. r In the event said Subdivision Yap is not accepted and approved by the City within fifteen (15) days after the filing of this agreement, the Subdivider m:,y demand the return and can- cellation of this agreement, togetncr with the foregoing bond and the City shall thereupon release and discharge the Subdivider of and from any liability under this agreement and under said bond. All plans and specifications on file with said City Engineer as a part of said Subdivision Yap, and all other docu- ments filed with the City by the Subdivider are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. IN WITNESS WHEREOF, this agreement has been executed by WEST COAST HOMES, INC., by its officers there unto duly authorised. WEST C T HOMES President BY. ;.�--� Secretary Subdivider. ACCEPTED AND APPROVED by the City of San Luis Obispo by Resolution f the Hoard of Councilmen regularly adopted on the �J day of 1952. T Mayor�fi.w Attest: - V� City Clerk STATE OF CALIFORNIA ab. COUNTY OF SANTA BARBARA On this -day of July, 1952, before me, the undersigned, a Notary Public in and for said County and State, personally appeared LESLIE B. NELSON known to me to be the President, and BESSIE L. NCCAULEY known to me to be the Secretary of WEST COAST HOd6ES, INC., the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public 6'and for County of Santa Barbara, State of California. v, -r-mission expires Aug. r4, z95e WEST ME HE � t ncoa.oaAsao 5 STATE STREET T E L E P H O N E 51 0 41 S ANT A BARBARA CALIFORNIA duly 5, 1952 City of San Luis Obispo San Luis Obispo, California Att: City Council Re: Submission of Final Subdivision 14aterial for Park View Homes Subdivision in San Luis Obispo, California. Gentlemen: In accordance with your Subdivision Ordinance No. 319 covering the regulations for the subdivision of land in the city of San Luis Obispo, California, and the presentation of the final subdivision maps, I submit to you the following informa— tion, to wit: 1. The original tracing and one duplicate tracing and two direct black lined prints of the final map have been sulmltted prior to the date of this letter to the City Engineer for his approval and are made a part of this submission. 2. One original tracing and one duplicate tracing of the required certificate sheets being duly signed by the Officers of this Corporation are enclosed herewith and made a part of this submission. Prior to the date of this letter these certificate sheets were given to the City Engineer of the City of San Luis Obispo for his approval. 3. A Guarantee of Title by the Security Title Insurance and Guarantee Company of San Luis Obispo guaranteeing the title of the proposed subdivision is enclosed here�.ith and made a part of this submission. Page 2. 4. Plans and specifications of the improvements which are to be installed by the subdivider in accordance with Section 14 of your Ordinance No. 319 are enclosed herewith and made a part of this submission. Prior to the date of this letter the City Engineer of the City of San Luis Obispo has inspected the same. 5. 8 contract between the subdivider and the City of San Luis Obispo for the installation of said improvements together with a surety bond from the St. Paul -Mercury Indemnity Company is enclosed herewith and made a part of this submission. This contractual agreement has been submitted to the City attorney for his approval together with the surety bond. 6. A copy of the proposed restrictive covenants to be filed of record and incorporated in contracts of sales and deeds with the subdivision map is submitted herewith and made a part of this submission. Due to the fact that I am extremely anxious to commence construction on this subdivision, I would appreciate an approval as soon as possible. Very truly yours, WEST COti T SOWS, INC. P. Ne scni President LEN:bp Enos. SAINTW-MEAEUHY INDEMNITICOMPANY St. Paul, Minnesota falls bat PERFORMANCE BOND CALIFORNIA - PUBLIC WORK NO. 744382 Premiums $500.00 PREMIUM: KNOW ALL MEN BY THESE PRESENTS: That we, MIST COAST HOMES, INC. a corporations of 1715 State Street, Santa Barbara, California, as Principal, and SAINT PAUL-MERCURY INDEMNITY COMPANY, a corpor- ation organized under the laws of the State of Delaware and duly authorized to transact a surety business in the State of California, as surety, are held and firmly bound unto CITY OF SAH LUIS OBLSPO, CALIFORNIA as Obligee in the sum of FIFTY THOUSAND AND R0/100 - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dollars, ($ 50,000.00 ) for the payment whereof well and truly to be made, said Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT WHEREAS, the above bounden Principal has entered into a contract dated July 7s 1952 with the said Obligee to do and perform the following work, to -wit: All subdivision improvements in subdivision known as Park View Homes (Section 1) in the City of San Luis Obispos County of San Ln1s Obispo, California as will more fully appear from said contract, reference to which is hereby made. NOW, THEREFORE, if the above bounden Principal shall well and truly perform the work contracted to be done under said contract, then this obli- gation to be null and void, otherwise to remain in full force and effect. No right of action shall accrue under this Bond to or for the use of any person other than the Obligee named herein. _... _. Acknowledgment of Attorney -in -Fact. STATE OF CALIFORNIA. Loa ales __�6e" COUNTY OF ......... ........_�..--------�--_--- On this. ........ 7th—.._day of .... ......... ... Jai1Y_...___..._....... .1952... before me. a Notary Public, within and for the said County and State, Personally appeared ............ ...___.._.C�..E.._T al,rday.....-----------.-----...__... known to me to be the person whose name is subscribed to the within instrument as the Attorney -in -Fact of and for the Saint Paul -Mercury Indemnity Company, Saint Paul, Minnesota, a corporation created, organized and existing under and by virtue of the lawn of the State of Delaware, and acknowledged to me that he subscribed the name of the Saint Paul -Mercury bdelanity Company thereto as Surety, and his own name as Attomey-in-Fact. ., M. P No" nm� MY Commission Expires. ------ .._..._....._..___._.— ,,. Uw4 o•• Cella -Memo IG 5.1 a.v. FSa 4m C-118 Me bane tale R— 5-5 on ,road aa.. Copyn9h, 195e AS A COURTESY THIS �BT emoranDum OF THE RECORD CONDITION OF TITLE. SHOWN BY POLICY OF TITLE INSURANCE BEARING NUMBER SHOWN HEREON, IS FURNISHED FOR INFORMATION ONLY. REFERENCE IS MADE TO SAID POLICY FOR FULL PARTICULARS f 102,742.50 (]urge for Title Insurance and Examination i 30E1.25(A.I) No•95se-DLO SECURITY TITLEINSURANCE AND GUARANTEE COMPANY a California Corporation, herein called the Company, for a valuable consideration paid for this POLICY OF TITLE INSURANCE does hereby insure MEAT COAST HOMM, INC., • oorporatioa, •nQ CLAFA OLOIATI, PRAIM OLOIATI, JOHN J. MAIATI, ChARLM W. OWIATI, " MARIA C. OLOLATI LILY, together with the persons and corporations included in the definition of "the insured' as set forth in the stipulations of this policy, against Ions or damage not exceeding Oils" HMVW TWO TMOVSA ID SL'VSY HUXDM FORMTWO AXD 5OA00--- «----- ..«~dollar., which the insured shall sustain by reason of: 1. Title to the land described in SCHEDULE B being vested, at the date hereof, otherwise than as heroin stated; or 2. Unmerketesbility, at the date hereof, of the title to said land of any vestm named herein, unless such unmarket- ability exists because of defects, liens, encumbrances, or other matters shown or referred to in SCHEDULE C; or 3. Any defect in, or lien or encumbrance on, said title, existing at the date hereof, not shown or referred to in SCHEDULE C; or 4. Any defect in the execution of any mortgage or deed of trust shown in SCHEDULE C "curing an indebted. ness, the owner of which is insured by this policy, but only insofar as such defect affects the lien or charge of such mortgage or deed of trust upon said land; or 5. Priority, at the date hereof, over any such mortgage or deed of trust, of any lien or encumbrance upon said land, except as shown in SCHEDULE C, such mortgage or deed of trust being shown in the order of its pri• ority in SCHEDULE C; all subject, however, to SCHEDULES A, B, C, D, and the STIPULATIONS herein, all of which schedules and trip. ulations are hereby made a part of this policy. In witless whereof, Security Title Insurance and Guarantee Company has executed this policy by its authorized officers, as of the date set forth in Schedule A. Vita pr••lomb SCHEDULE B, continued thence continuing along said bank North 11' 29+ 15" West 238.59 feet to a point in the center line of that County Load No. 29 known an Foothill Boulevard; thence along the center line of said Road No. 29 North 42' 501 30" Beat 297.02 feet to a point on the line between Sections 21 and 28• thenes along Said section line and the line between Sections 22 and 27 North 69' 50t Fast 1078.79 feet to the Northwesterly corner of the above mentioned Tract No. 11; thence along the Westerly line of said tract South 00 071 20" East 866,38 feet to the point of beginning. PARCEL 2: lots 5, -, 7, 8, 9 and 10 as laid down and designated on the map attaches to the Decree in Partition entered In the Superior Court of the State of California In and for the County of San Luis Obispo, wherein Rebecca Johnson is Plaintiff and William Johnson, at al., defendants, rendered July 25, 1893, a certified copy of which was recorded August 15, 1893, in Book 20, at page 480 of Deeds. Also the Bast half of the Northwest quarter and the Northeast quarter of the Southwest quarter of Section 27 in Township 30 South, Lange 12 East, Mount Diablo Base and Meridian, in the County of San Luis Obispo, State of Calif- ornia, according to the official plat or plats of the survey of said lands ruturned to the General Lend Office by the Surveyor General. Saving and excepting from said Parcel 2 those portions thereof described as follows: (A) Begging at a point in the Southerly line of the County Road running from the Chorro Road to the Los O608 Valley said point being South 89' 501 West 243.75 feet; thence South 0' 07, East 25 feet from the quarter section corner between sections 22 and 27, in Township 30 South, Range 32 Fast, !bunt Diablo Base and Meridian, and running thence from said point of beginning South 89 501 West 1723.55 feet to a point; thence South 0' 07t Fleet 842 feet to a point; thence North 89' 50f East 1723.55 feet to a point; thence Forth 0' 07f West, 842 feet to the point of beginning. (B) Beginning at a stake Marked D.1 on the Went line of the Northeast quarter of Section 27, Township 30 South, Range 12 East, Fount Diablo Base and Meridian, said stake being distant South Ok' East 19.94 chains from the intersection of said West line of the Northeast quarter of Section 27 with the South line of the County Road from the City of San Luis Obispo to the Los Oe08 Valley along the line between Sections 27 and 22 in said Township and Range; thence from said Stake D.1, South Ot' East along the line of fence 10 chains to a poet In fence line marked D.2; thence leaving fence South 89 3/4' West 10 chains to Stake D,3, from which a live oak 30 Inches In iOenoSt tst .thencechains rth tWest ehais o ke D.rth 4; henceNort089 3/4° Basins t l0to Stake D.1, the point of beginning. ;C) Beginning at a point in the Southerly boiuldary of the County Road known an soothill Boulevard from which point the North quarter Corner of Section 27, Townch!;. 30 South, Range 12 East, Mount Diablo Base and Meridian been SCHED= 8, continued North 0' 070 West 25 rest and North 39' -5of chat 243.75 feet, said point of beginning being identical with the Northeast oorner of Tract No. 11, according to the sap thereof reoorded on May 7, 1932 in Hook 5, at page 30 of Haps; thence from said point of beginning South 04 07' Last along the Easterly line of said Trust No. 11, and the direct extension thereof south- erly a distance of 131C feet, more or less, to a point in the Northerly boundary of that certain 10 core portal of land excepted from the deed dated April 22, 1897, from Henri J. Dutton and Vary X. Dutton, his wife, recorded in Hook 34, at page I82 of Deeds; thence North 09 3,A ' fast 244 feet, more or less, along the Northerly boundary of Bald excepted parcel to the rest boundary of the Northwest Quarter of said Section 27: thence Northerly along said ftsterly boundary, 1316 feet, more or less to a point in the southerly line of the above mentioned County toed; thence along said Southerly boundary, south 89' 501 West 243.75 feet to the point of beginning. (D) Property described in Parool 1 herein. C 1. General and special taxes of the fiscal year 3, now a lien, but not yet due and payable. 2. Lights of way or aaaenente for public or private roads or high-^ya across said property as the same now exist. 3. A right of way for single line of poles for the transmission and distri- bution of electricity and incidental purposes granted to Midland Counties Public Service Corporation, a California corporation (now Paelfic Gas and Eleetrie Company, a California oorpnration), by deed dated April 15, 1938, and recorded October 21, 1938, in Hook 24(, at page 305 of Official Neoords. 4. A right of way for single line of poles for the transmission and distri- bution of electricity and insideutal purposes granted to Pacific Gas and Hlaetria Company, a California corporation, by Heed dated January 28, 1AG, and recorded February 19, 1)46, in Hook 402, at page 117 of Official Records. 5. A Dead of Trust dated May 15 1%2, oovering Parcel 2, herein described, and the following described portions of Parcel Is A. That portion of Pot 6 an Lid down and designated on the map atteahed to the Decree in Partition entered in the Superior Court of the Mate of California in and for the County of Jan Luis Obispo, wherein Nebecas Johnson Sa Plaintiff and William Johnson, at al., Defendants, reader" July 25, IP-93, a certified copy of which was recorded Naguet 15, 1893, In Book 20, at page 480 of Deeds, described as follows: f3sgi.nn nngg at a point on the Westerly line of that subdivision of • yar•� of the North al* or the Northwest quarter of :;action 27, Township 30 South, Wage SCHEDULE C, continued 12 Bast, Mount Diablo Base and Meridian, known as Tract No. 11, said tract being shown on a rap recorded in Hook 5, at page 30 of Maps, cold point being distant South 0' 07. 20" Sat 5.00 test from the Northwest corner of said tract; thence along the Westerly line of said tract South 0' 07' 20" East 390.C6 feet to the Northerly right of ray line of Ramona Drive ae said drive is shown on said mapd thence along the Westerly prolongation of said right of way line South 89 501 West 83.97 feet to the beginning of a curve to the right, having a radial center which bears North J 100 West 25.-r feet distant and a central angle of 90' 001; thence Northwesterly along said curve 40.31 feet to the beginning of a tangent to said curve; thence along said tangent North 0' 109 West 335.00 feet to the beginning of a curve to the right, having a radial center which bears North S9' 50' Set 30.00 feet distant and a central angle of 90' 009; thence Northeasterly along said curve 47.12 feet to the beginning of a tangent to said curve; thence along said tangent North 89' 509 Fast 79.97 feet to the point of beginning. B. That portion of Lot as laid don and designated on the map attached to the Decree of Partition entered in the Superior Court of the State of Coli- fornia, in and for the County of San luis Cbispo, wherein Rebecca Johnson Is Plaintiff and William Johnson, et al., Defendants, rendered July 25 1893, a certified copy of which was recorded August 15, 1393, in Book 60, at page 480 of Deeds, described as follows: Beginning at a point in the center of a gulch from which the Southwesterly corner of that subdivision of a part of the North half of the Northwest Quarter of Section 27, Township 30 Mouth, Mange 12 Hut, Mount Diablo Base and Meridian, known as Tract Nc. 11, said tmgt being shown on a sap recorded In Book 5, at page 30 of Mips, boors North 4G 561 10" But 17'.91 feet distant; thence up said gulch South 24' 411 " West 92.69 feet; thence leaving said gulch North 49' 34, 30" West 131.00 feet to a point on a curve concave to the Northwest; thence Northeasterly along said curve, having a radial center which bears North 49' 341 30" West 270.00 feet distant and a central angle of 9' 580 25", a distance of 47.00 toot to the beginning of a curve to the right, having a radial center which bears South 59' 320 5 " Fiat 30.00 feet distant and a central angle of 91' 181 56"; thence Northeast- erly along said ourve 47.81 feet to the beginning of a tangent to said curve; thence along said tangent South 58' W East 39. 9 toot to the begginning of a curve to the right, having a radial center which bears South 31' 461 West 200.00 feet distant and a central angle of 13" 109 40"; thence Southeasterly along said curve 46.00 feet to the point of beginning, exemutoa by Weat Coast Homes, Inc., a corporation, to Security Title Insurance and Guarantee Company, a California corporation, as Trustee, to secure one note of even date therewith for ►42,742.50, payable in installments as therein provided, with interest from date at G% per annum, payable •onthly, in favor of Clara Olgiati, as to an undivided } interest, and Frank J. olgiati, John J. Me iati, Charles W. Olgiati and Maria C. Olgiati Libby, each as to an undivided I/A interest, and any other amounts payable under the terms thereof. Piled for record June 30, 1952, under Reoorderts Series No. 7739. I zz cc I T'i..g a9�9 � Q C I a I � M )• e E e M T� P T'J gg Qg 'J9 3O i I � u v..I A •nr � p,� 1 cn U '�—• g m 3 �' `o `o .= n° a °° $ a7 I � � � � 8 �yy i✓ 9 _ s : __ � 8 � � $ � � � ,` Ca - u E• 3 c J'i o 9 °' m o m C L7 5 a 9 pp €— 8 g •E o� J �L m O� ag CC PARK VIEW HOMES SUBDIVISION (Section A) DECLARATION OF RESTRICTIONS, CONDITIONS AND PROTECTIVE COVENANTS WITH REFERENCE, TO A SUBDIVISION KNOWN AS "PARE VIEW HOMES" (Section A) KNO07 ALL MEN BT THESE PRESENTS: That West Coast Homes, Inc., owner of the real property in the County of San Luis Obispo, State of California, hereinafter referred to as "said property" and more particularly described as all of the subdivision known as "Park View Homes" (Section A), as per map thereof recorded concurrently herewith in Book of Maps, in the office of the County Recorder of said County, does hereby certify and declare that it has established and dome hereby estab- lish a general plan for the improvement, development and protec- tion of said property and does hereby establish restrictions, easements, conditions, covenants and reservations upon the subject to which all of the lots- and parcels of said property shall be improved and sold or conveyed by it as such owner, each and/or all of which is or are for the benefit of each owner of any part or portion of said property or any interest therein and shall enure or pass with each and every parcel of said property and shall apply to and bind the respective successors in interest of the property owner or owners thereof, and are, and each thereof is, imposed upon said property as a servitude'Sn favor of each and every such parcel of land therein as a dominant tenement or tene- ments as follows: ' (1) The following restrictions, conditions and pro- tective covenants are intended to, and do hereby, affect only the property set forth in the map of the subdivision known as Park View Homes (Section A), located in the City of San Luis Obispo,• County of San Luis Obispo, California, as per Map above referred to. (2) The Restrictions, Covenants and Conditions are to run with the land and shall be binding on all parties and all persons claiming under them until January 1, 1977, at which time said Resttletions, Covenants and Conditions shall be automatically extended for successive periods of 10 years unless an instrument signed by A majority of the then owners of the lots has been re- corded, agreeing to change said Restrictions, Covenants and Condi- tions in whole or in part. (3) If the patties hereto, or any of them, or their heirs or assigns, shall violate or attempt to violate any of the Restrictions, Covenants, and Conditions herein it shall be lawful for any other person or persons owning any real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such Restriction, Covenants or Con- ditions and either to prevent him or them from so doing or to recover damages or Other dues for such violation, v (4) Invalidation of any one of these Restrictions, Covenants, or Conditions by judgment or Court order shall in no cn wise affect any of the other provisions which remain in full force and effect. -1- va 068 PAGE460 (9) No noxious or offensive trade or activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighbor- hood. (10) No trailer, basement, tent, shack, garage, barn or other outbuilding erected in thetract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence. (11) The ground floor area of the'mafn structure, exclusive of one-story open porches and garages, shall be not less than 800 square feet for a two bedroom house, nor less than 900 square feet for a three bedroom house,by outside measure- ments, exclusive of open porches and garages. (12) No fences shall be erected or permitted to remain between the street and the front setback line; and no hedge exceeding 3 Seet in height shall be planted, grown, erected or permitted to remain between the street and the front setback line. (13) No garage shall be erected on the premises until the plans have been submitted to and approved by the Architectural Committee provided in Paragraph 6. (14) No derrick or other structure designed for use in boring, mining, or quarrying for water, oil, Or natural gas, or precious minerals shall ever be erected, maintained, or permitted upon any lot in said Tract. (15) Easements for installation and paintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear six feet of each lot. (16) Breach of any of said Covenants and Restrictions or any re-entry by reason of such breach, shall not defeat or render invalid the lien of any. mortgage or deed of trust made in rood faith and for value as to said lots or property, or any part thereof, but such provision, restriction, or covenant shall be .bindingand effective against any owner of said property whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. .ZEST C04ST HON`E✓/S,/1/ INC. - B rest ea By 0 Secre ary , N li Subdivider (: -3-