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HomeMy WebLinkAbout2013042695-CCRsRECORDR G REQUSTED BY: FIIi ' AMERICA�` TITLE COMTANY ..ORDING REQUESTED BY AND WHEN RECORDED RETURN TO: Stephen N. Dorsi, Trustee Roland S. Ball Revocable Trust 2710 Branch Mill Road Arroyo Grande, CA 93420 6103 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS TRACT 2943-EARTHWOOD LANE JULIE RODEWALD ASK San Luis Obispo County-Clerk/Recorder 7/23/2013 Recorded at the request of 8:03 AM First American Title Company D 0 C#: 2013042695 Titles: 1 Pages: 8 Fees 35.00 axes 0.00 er 7.00 AID $42.00 This Declaration of Covenants, Conditions and Restrictions is m e wit fer e to the following facts: A. The Roland S. Ball Revocable Trust, u/t/d Novemb r 20, 1995 's owner of Parcel B and an undivided 91.82 % interest in Parcel C of P cel Map O 78 - 281, in the City of San Luis Obispo, County of San Luis Obispo, Stat Californi as shown on the Map recorded in Book 28, Page 28 of Parcel Maps, in the ffl county recorder of said county ( called "Parcel C"). The Roland S. II Grandchil Trust, u/t/d December 25, 1995, is the owner of an undivided 8.18 % ' t est in Parcel C. ( The term "Ball Trusts" refers to both referenced trusts. ) B. Pursuant to Tract Map 2943, in the City is ispo, County of San Luis Obispo, State of California, as shown on th Ma r c r 2013 in Book ?j3 ,•Page"of M •u n t e o is f the county recorder of said county: Parcels B and C of Parcel Map CO 7 - 1 h e subdivided into 2 Commercial Lots, "Lot 1 " will consist of approxim 4. res, "Lot 2" will consist of approxi tely 2. A res ( with frontage on Suburban Road ), and into Commercial L on g of proximately9,000 to 14,000 square feeteach, ( called the Earthwood ne L t e wood Lane Lots shall be established in 2 phases. Phase 1 shall estates s , 4, 6, 7. Phase 2 shall est b 's diti al Lots. Ball Trusts declare that th a woad/.ane Lots and Lot 1 and Lot 2 shall be improved, used, held, conveyed, divide , nc ered, hypothecated, leased, and occupied subject to the following covenants, n ' 'o s, r strictions, grants of easement, equitable servitudes, rights - of -way, liens, and r g ts; to nefit the Owners of the Earthwood Lane Lots and Lot 1 and Lot-2; to "run with the d to bind all parties acquiring an interest in the Earthwood Lane Lots and Lot 1 L t , d to benefit every portion of the Earthwood Lane Lots and Lot 1 and Lot 2; to b it and bind each Owner, and each successor in interest of each Owne� Each veyaa'ice, assignment, lease or sublease of a Lot shall incorporate the i visions of i Declaration. s De I ation shall be enforceable by Ball Trusts, each Owner, and each successor in inter of all Trusts and each Owner. DECLARATION OF COVENANTS, CONDITIONS &• RESTRICTIONS - TR 2943-EARTHWOOD LANE Page 1 Part 1 - Drainage Systems - Earthwood Lane Lots and Lot 1 and Lot 2 1 .1 The Owner of each Earthwood Lane Lot and the Owner of Lot 1 and the Owner of Lot 2 shall be jointly responsible for the maintenance of storm drainage systems, including the storm water lift station and outfall line, the retention basin on Lot 1, and landsca I g of the retention basin area for the benefit of each of the Earthwood Lane Lots and Lot 1 Lot 2. Maintenance of storm drainage systems shall be, at a minimum, to the stand us n the original construction. Except as otherwise provided in this Declaration, costs of m e a ce of storm drainage systems within the boundaries of an individual Earth w o Lot o Lot 1 or Lot 2 shall be the responsibility of the Owner of that individual Earth d La of o of 1 or Lot 2. 1.2 Lot 1 shall be subject to an easement over the area used as n ' n a in which is approximately 153 feet by 159 feet in the Southeast corner of L t 1 , and f r ac s to that retention basin over the driveway along the easterly boun f o 1 , fo e benefit of the Earthwood Lane Lots and Lot 1 and Lot 2. Similar e ment rig h the benefit of the Earthwood Lane Lots and Lot 1 and Lot 2 shall extend t a portion o the retention basin not within the boundaries of Lot 1. Costs of maintenance of h retentio asin, expenses directly connected to accessing the retention basin over Lot 1, n ex n es for shared drainage facilities other than the retention basin, including inlets, storm ines, and lift stations, shall be allocated 1 /4 to Lot 1, 1 /4 to Lot 2, and 1 /2 e Earthwood Lane Lots in equal shares. 1.3 Until the completion of Phase 2, cost of maint a ce of the retention basins within the Phase 2 area shall be allocated to the Earth ne s in equal shares. 1.4 Lot 1 and Lot 2 shall be subje�to a r g sement over the westerly 20 feet of Lot 1 and Lot 2, for the mutual be e ' o L t 1 d Lot 2. Cost of maintenance of this drainage easement shall be allocated to t a of 2 in equal shares. 1.5 Proper maintenance of the dra' ge sy e shall be for the benefit of the citizens of the City of San Luis Obispo, ( c�d "t City" nd the City shall be a third party beneficiary of this Declaration. The Ci a xe cI same powers of enforcement as an Owner of each Earthwood Lane L orLot Lo . If the City determines that the Owners of each Earthwood Lane Lot an 2 have not adequately maintained the drainage systems, then the City a ive ri n notice to the Owners of each Earthwood Lane Lot and Lot 1 and Lot 2, which e hall ntain the date, time and place of a hearing to be held no sooner than 15 d er ' ing the notice. If the City determines at such hearing that maintenance of the ain e Sys ems should be required, then the City may undertake the required maintena c , and e costs shall be a lien against the Earthwood Lane Lots and Lot 1 and Lot 2 h the personal obligation of the Owners of the Earthwood Lane Lots and Lot t-27the City shall have the right to inspect the site to assure that the covenants, ditions restrictions prescribed by this Declaration, and the conditions of the final re I met. 1.6 For p ses`df Part 1, the Owner of Lot 1 shall have 11 votes, the Owner of Lot 2 shall a e 11 votes nd the Owner of each Earthwood Lane Lot shall have one vote. However, I f I ue in I es only the Earthwood Lane Lots, the Owner of each Earthwood Lane Lot shall h ve n vote, and the Owner of Lot 1 and the Owner of Lot 2 shall not have a vote. DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS - TR 2943-EARTHWOOD LANE Page 2 Part 2 - Reciprocal Access Driveways - Earthwood Lane Lots ( The Owners of Lot 1 and Lot 2 are not parties to Part 2 of this Declaration. ) 2.1 The Owner of each Earthwood Lane Lot shall be jointly responsible for the maintenance of the reciprocal access driveway serving as access into the specific Earthwoo ane Lot from Earthwood Lane. ( The term "reciprocal access driveway" includes the pa areas approximately 10 feet along the Earthwood Lane boundary of each Earth L Lot extending 20 feet into each Earthwood Lane Lot. For example: Lot 3 and Lo s a a reciprocal access driveway, and Lot 6 and Lot 7 share a reciprocal s rivew ) Maintenance of the Earthwood Lane reciprocal access driveway shall , at a i imu o the standards used in the original construction. Costs of maintenance f ach rthwood Lane reciprocal access driveway shall be shared equally by the Eartoo L ots sharing that Earthwood Lane reciprocal access driveway. 2.2 When a vehicle is parked so as to block a recip dr ay,,)te Owner of an Earthwood Lane Lot whose access is blocked may e the ob TIN g vehicle moved, and the blocked Lot Owner shall be entitled to reimbur ment fro e offending Lot Owner and / or the obstructing vehicle owner for costs incurr in movin he obstructing vehicle, and the offending Lot Owner shall indemnify and defen h to Lot Owner concerning such action. 2.3 For purposes of Part 2, the Owner of each a wood Lane Lot shall have one vote. Part 3 - Sewer Lift System - Earthwood Lan s ( The Owners of Lot 1 and Lot 2 are o p r i Part 3 of this Declaration. ) 3.1 The Owner of each Earthwood L of se e. y the sewer lift system shall be jointly responsible for the maintenance of the se ft em serving each such Earthwood Lane Lot. ( The term "sewer lift system" i c es th wer lift stations and connections adjacent to the sewer lift stations. ) Ma'ntenan e of t e Earthwood Lane sewer lift system shall be, at a minimum, to the standar d I e o ' nal construction. Costs of maintenance of the sewer lift system shall be II e to Earthwood Lane Lot served by -the sewer lift system based upon th c a cos a ibuted to the maintenance of the sewer lift system for each individual Ea h d a Lo served by the sewer lift system. If the actual costs attributed to the mainten of th wer lift system cannot be reasonably allocated for each individual Earthwood L Lo ed by the sewer lift system, costs shall be allocated to each Earthwood Lane Lo y t sewer lift system in equal shares. 3.2 For purposes Part 3, t e Owner of each Earthwood Lane Lot served by the sewer lift system shall h/ave�n Part 4 Utilstemma Lot 1 and Lot 2 ( O' v we of Earthwood Lane Lots are not parties to Part 4 of this Declaration. ) 4.1 Lot 2 a be subject to a utility easement to access and maintain each existing utility m which e croaches upon Lot 2, including existing structures on Lot 2. The Owner of Lot all b r sponsible for the maintenance of utility systems within this utility easement, ( calle e t 1 utility systems ). ( The term "utility systems" includes electric utilities, gas DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS - TR 2943-EARTHWOOD LANE Page 3 utilities, telephone utilities, internet, service utilities, fiber optics utilities, cable utilities, shared fire lines, water lines, sewer lines, sewer lift stations. ) Costs of maintenance of the Lot 1 utility systems shall be allocated to Lot 1. To the extent that Lot 2 shares in the benefit of a utility within this utility easement, the Owner of Lot 2 will share the costs of maintena ce of the shared utility system. If the actual costs attributed to the maintenance of a shared uti ' system cannot be reasonably allocated for Lot 1 or Lot 2, costs shall be allocated to Lot 1 a Lot 2 in equal shares. �\ 4.2 For purposes of Part 4, the Owner of Lot 1 and Owner of Lot 2 shall h n vote e . Part 5 - Lot 2 Parking - Earthwood Lane Lots 3, 4, 5, and Lot 2 ( The Owners of other Earthwood Lane Lots and Lot 1 are not parties to Part 5 of this Declaration. ) 5.1 Earthwood Lane Lots 3, 4, and 5 shall be subject to in se nt for the benefit of Lot 2. The Owner of Lot 2 shall be responsible f r the mai e of the parking easement. ( The term "parking easement" includes an r a approx tely 20 feet wide along the common boundary between Lot 2 within the south r 60 feet f arthwood Lane Lot 3, Earthwood Lane Lot 4, and the northerly 90 feet of Ea od e Lot 5. )'Maintenance of the parking easement shall be, at a minimum; to the ards used in the original construction. Costs of maintenance of the par ' .asement shall be allocated to Lot 2. 5.2 The parking easement may be used by the n r of Lot 2 for parking. No structures shall be erected within the parking easement t n es. No activity shall be permitted within the parking easement which would i q i t parking easement as a part of a "setback" which may be required forl�srt uctu s ec d on Earthwood Lane Lots 3, 4, or 5. 5.3 For purposes of Part 5, the Owner o h d Lane Lots 3, 4, and 5 shall have one vote each, and the Owner of Lot 2 s ave tes. Part 6 - Access to Earthwne - of 1 d Lot 2 and Earthwood Lane Lot 5 ( The Owners of oth r E o e Lots are not parties toj:�a thi laration. ) 6.1 The Owner of Lot Lo�d Earthwood Lane Lot 5 shall be jointly responsible for the maintenance of the od ne access driveway serving as access from Lot 1 and Lot 2 and Earthwood Lo o Earthwood Lane. Maintenance of the .Earthwood Lane access driveway sh I be, t minimum, to the standards used in the original construction. Costs of maintenan of the rthwood Lane access driveway shall be allocated 3/4 to Lot 1, 1 /8 to Lot 2, an 8 cod Lane Lot 5. 6.2 For pur ses rt 6, the Owner of Lot 1 shall have 6 votes, the Owner of Lot 2 shall have vo nd the wner of Earthwood Lane Lot 5 shall have one vote. DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS - TR 2943-EARTHWOOD LANE Page 4 Part 7 - Access Driveways - Lot 1 and Lot 2 ( The Owners of the Earthwood Lane Lots are not parties to Part 7 of this Declaration. ) 7.1 Lot 2 shall be subject to an access driveway easement over the westerly 20 feet of Lot 2, for the benefit of Lot 1, and Lot 1 shall be subject to an access driveway easeme over the northerly 30 feet of Lot 1, for the benefit of Lot 2, ( called "access driveways' ). Th wners of Lot 1 and Lot 2 shall be jointly responsible for the maintenance of the acc dri ays. Costs of maintenance of the access driveways shall be allocated to Lot 1 and L .n ual shares. Maintenance of the access driveways shall be, at a minimum, torj��� rds d in the original construction. 7.2 When a vehicle is parked so as to block an access driveway, the f the Lot whose access is blocked may have the obstructing vehicle n e blocked Lot Owner shall be entitled to reimbursement from the offendi g Lot O er / or the obstructing vehicle owner for costs incurred in moving b tr ctin ehicle, and the offending Lot Owner shall indemnify and defend the o ed Lot concerning such action. 7.3 No structures shall be erected within the access 6ri'veway e 7.4 For purposes of Part 7, the Owner of Lot 1 and Owner�'f shall have 1 vote each. Part 8 - Common Parking - Lot 1 and Lot 2 ( The Owners of the Earthwood Lane Lot7e, n rties to Part 8 of this Declaration. ) 8.1 Lot 1 shall be subject to a parking eas parking area" for no less than 22 parkir�osp the paved area within Lot 1 extending 4 driveway easement over the northerly fE be jointly responsible for the maint nce Lot 2. Maintenance of the c07mo arkin used in the original constru1116 nos allocated 3/4 to Lot 1 and C Loth. If t benefit of Lot 2 within the "common //( h rm "common parking area" includes 140 feet Southerly from the access Lo 1. ) The Owners of Lot 1 and Lot 2 shall 3�common parking area serving Lot 1 and a shall be, at a minimum, to the standards nance of the common parking area shall be 8.2 For purposes of f Lot 1 shall have 3 votes and the Owner of Lot 2 shall have one vote. Part 9 - General Pro/vij r s�E wood Lane Lots and Lot 1 and Lot 2 9.1 Parking is pro i ited on reciprocal access driveways and fire lanes, enforceable under California Vehicl Co 51 ( d ) which provides for vehicle removal: When a vehicle is illegally parke a t0 ock the entrance to a driveway and it is impractical to move the vehicle fro driv y or from in front of the driveway to another point on the highway. The al entitled to reimbursement from the Lot Owner for costs incurred in the removal v icl om reciprocal access driveways and fire lanes, and the City shall have reliability co c rning such parking enforcement. 9.� s used.�his Declaration, the term "maintenance" includes repairs and replacement. DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS - TR 2943-EARTHWOOD LANE Page 5 9.3 Parties to a disagreement concerning the subject matter of this Declaration shall attempt to amicably resolve each such disagreement. If a disagreement is not resolved within 30 days after written notice of such disagreement is given by one party to the other, then t parties shall jointly pay, a professional Mediator to facilitate a settlement. If the parties ar nable to mediate a resolution, the parties shall each submit a settlement proposal to a dep ent Arbitrator. If the parties are unable to agree upon who will serve as a Mediator r for by a majority of the votes of the Owners of the Earthwood Lane Lots an t and Lo a reputable independent person shall be chosen to select a Me(for o rbitr o . The Mediation Settlement Agreement or the Arbitrator's Award shall b orce be by the San Luis Obispo County Superior Court. If a party refuses to accept th tr r ard, that party must commence litigation in a timely manner as required by Ca * o nia e of Civil Procedure for "appealing" an Arbitrator's Award or petitioning for " rial de vo (n w trial)". The Arbitrator's Award shall determine which party i the pre al i rty pursuant to California Civil Code § 1717, and shall include in the Award the pre i party's reasonable attorney's fees, costs, and expenses ( including expertwitness feet incurred in the action. 9.4 An amendment to this Declaration must be appro y the C of San Luis Obispo and signed by the holders of 2/3 of the votes of the Owners of ood Lane Lots and Lot 1 and Lot 2 and recorded in the Official RecordSan Luis Obispo County. 9.5 For purposes of Part 9, the Owner of Lo;;� ave 11 votes, the Owner of Lot 2 shall have 11 votes, and the Owner of each Earth/ L a of shall have one vote. Part 10 - Provisions Specifically Rewired 210:i=r, San Luis Obispo The City of San Luis Obispo requires the"fqvisions verbatim: 10.1 The parties understand that th bfp Luis Obispo cannot regulate vehicle usage or hazards upon said common dUve gree, jointly and individually, to defend and hold the City of San Luis O ispoom all claims for damages or liabilities arising from the alleged failure e Cuis Obispo to regulate vehicles or to provide protection from hazards u on�. 10.2 The parties ag common -access dri, 10.3 The parties ag prohibited. 10.4 The parties property owners i common -access d of the parcell,% � Roland S ovi�rpetual maintenance and repair of all parts of the �ar g lot. pa In on the commonly used portions of the driveways is to d that they may use vehicle removing authority granted private Calif o n1a Vehicle Code § 22658 when any vehicle is parked in the vewa s so as to impede, restrict or prevent entry of access to a parcel ble Trust, dated Novem 2013 20, 1995 n N. DdMi, T DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS - TR 2943 -EARTHWOOD LANE Page 6 State of California )ss County of San Luis Obispo ) T On March IS, J, 2013, before me, Llam-- __ 1-�_________- Notary Public, rsonally appeared Stephen N. Dorsi, who proved. to me on the basis of satisfactory evidence t e the person {-s) whose name t�" is rare subscribed to the within instrument and acknowle ed to that he tshie� they executed the same in his der j their authorized capacity ( ies ), and that is signature ti" on the instrument the person ( , or the entity upon behalf of which the on t d, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califor a that t e foreg n paragraph is true and correct. WITNESS my hand and official seal. 4WIC �IS ` OM 19814 _ _ _ _____!___! _-________ ______ ARY U IC CALIFOR I otary Public / n50��N I ul 0 0 COu rPrint Name (,,_) OMM. J 16 "d ------------------------------- Commission numberiq�I �f 00_q___ My Commission expires _ Zl of Roland S. Ball Grandchildrens Trust, u/t/d Dec er 25, 1995, as the owner of an undivided 8.18% interest in th cribed Parcel C. Date March 2 S , 2013 State of California h County of Soh ) �l SI)L- pO On March 24 2013, Wore appeared Sterling C'"gall, w whose name (-" is tare u they executed the sa signature �) on the ins r me executed the instrume t. I certify under PENALTY O� paragraph is true and cc e. WITNESS Ay /�my/�/ hand a ----l= r— 7 ----- -- Notaublic Print Name Com-miss n umber _ By 0 t r n all, Trustee )ss J' __G R P_ r, IN _PutiGCNotary Public, personally ed o e o t e basis of satisfactory evidence to be the person ti" e to a wi in instrument and acknowledged to me that he %she authorized capacity ( ies ), and that by his i her j their E� per n , or the entity upon behalf of which the person fii acted, ER se M under the laws of the State of California that the foregoing My C 6Ti sio e�cpires _V A2A, r+ G.R.P0TTER Commission p 1927070 Notary Public - California N an SLuis Obispo County �4, f 3 My Comm. Expires March 27, 2015 2 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS - TR 2943 -EARTHWOOD LANE Page 7 Beneficiary's Consent to Declaration of Covenants, Conditions and Restrictions Roland S. Ball Revocable Trust, dated November 20, 1995 Parcel B of Parcel Map CO 78 281 Charles L. Senn Family Trust dated May 7, 1997, is the Beneficiary under Deed Tr July 1, 2011 executed by Stephen N. Dorsi, Trustee of The Roland S. Ball Revoc dated November 20, 1995, recorded July 8, 2011 as Instrument NunaL 1 of Official Records, in the Office of the County Recorder of the County f, State of California. The Deed of Trust encumbers Parcel B of Parcel M ! CharlesL. Senn and Virginia K. Senn, are the Trustees of the Char S dated May 7, 1997 with full authority to execute this consent. The Beneficiary of said Deed of Trust hereby consents to the exec ti n and foregoing Declaration of Covenants, Conditions and7'interests tri ion d recordation of the Declaration, Trustee's and Beneficia ip re be subordinate to the Declaration. \ Date March t3 , 2013 Beneficiary: Charles L. Senn F M Charles L. Senn, Tru State of California County of San Luis Obispo On March 13 , 2013, before me, appeared Charles L. Senn and evidence to be the person 0 acknowledged to me that and that by hisf her f their i which the person ( s ) a t d, x cut I certify under PENAL Y O R JLI paragraph is true and c re t. WITNF$S riiv hand and-offici sty ted 16:�rust, 032 Obis 1. illy Trust cordation of the rees that upon al property shall e th instrument. RY der the laws of the State of California that the foregoing Kotary Public _ Print Name z .A /.16 Commission'm e 72 My�mm' si expire / -fib - /3 L A. BERTRAND Commission # 1861726 Notary Public - California i z " San Luis Obispo County a My Comm. Expires Sep 16, 2013 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS - TR 2943 -EARTHWOOD LANE Page 8 END OF DOCUMENT