HomeMy WebLinkAbout250818 2nd Amd. & Restated CC&Rs RecordedRecording Requested 13y and
When Recorded Mail To:
Luchetta Law PC
Shae Luchetta
755 Santa Rosa Street, Suite 300
San Luis Obispo, California 93405
With a Copy To:
City of San Luis Obispo
Community Development Department
Attn: City Engineer
919 Palm Street
San Luis Obispo, California 93401
2025024127
Elaina Cano - County Clerk -Recorder
San Luis Obispo
08/18/2025 12:46 PM
CONFORMED COPY
Copy of document recorded.
Has not been compared with original.
APN: 053-258-033; 053-258-040; 053-258-041; 053-258-044; 053-258-045; 053-258-046; 053-258-
047; 053-258-049; 053-258-050; 053-258-051; 053-258-052; 053-258-053; 053-258-054; 053-258-055;
053-258-056; 053-258-057; 053-258-058; 053-258-059; 053-258-o6o; 053-258-o61; 053-258-o62; 053-
258-o63;053-258-064.
SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS,
CONDITIONS & RESTRICTIONS
FOR TRACT 2943 — EARTHWOOD LANE
This Second Amended and Restated Declaration of Covenants, Conditions and
Restrictions (hereinafter "Restated CC&Rs") is made and entered by Suburban Road,
LLC and Earthwood Lane, LLC, who together currently own more than 2/3 of the Tract
2943 — Earthwood Lane with reference to the following facts on this 7th day of August,
2025:
A. The original Declaration of Covenants, Conditions and Restrictions for
Tract 2943 — Earthwood Lane was recorded by the Roland S. Ball Revocable Trust u/d/t
by November 20,1995 on July 23, 2013, as instrument number 2013042695 in the
Official Records of the San Luis Obispo County Clerk/Recorder, affecting the property
depicted on Tract Map 2943 as described therein.
B. The First Amendment to Declaration of Covenants, Conditions and
Restrictions for Tract 2943- Earthwood Lane was recorded on October 3, 2024, as
instrument number 202402788o in the Official Records of the San Luis Obispo County
Clerk/Recorder. A Corrected First Amendment to Declaration of Covenants, Conditions
and Restrictions for Tract 2943- Earthwood Lane was recorded on October 15, 2024 in
the Official Records of the San Luis Obispo County Clerk/Recorder ("First
Amendment"). (The Declaration, First Amendment thereto and the Corrected First
Amendment thereto are hereinafter collectively referred to as the "Declaration").
C. The subdivision of Tract 2943 in the City of San Luis Obispo (hereinafter
"City"), County of San Luis Obispo, State of California, has been completed as shown on
the Tract Map recorded in Book 41, at Pages 42 to 43 of Maps, in the Official Records of
the San Luis Obispo County Clerk/Recorder (hereinafter the "Project"). Pursuant to
Tract Map 2943, Parcels B and C of Parcel Map CO 78-281 were subdivided into the
following:
• "Lot 1" - a commercial lot consisting of approximately 193,218 square feet;
• "Lot 2" — a commercial lot consisting of approximately 116,483 square feet;
• "Lots 3 thru 23" - commercial lots consisting of approximately 9,000 to 14,000
square feet each (collectively referred to as the "Earthwood Lane Lots").
D. Tract 1943 now consists of the following lots: Lot 1: 053-258-044; Lot 2:
053-258-033; Lot 3: 053-258-045; Lot 4: 053-258-046; Lot 5: 053-258-047; Lot 6: 053-
258-040; Lot 7: 053-258-041; Lot 8: 053-258-049; Lot 9: 053-258-050; Lot 1o: 053-
258-051; Lot 11: 053-258-052; Lot 12: 053-258-053; Lot 13: 053-258-054; Lot 14: 053-
258-055; Lot 15: 053-258-056; Lot 16: 053-258-057; Lot 17: 053-258-058; Lot 18: 053-
258-059; Lot 19: 053-258-o6o; Lot 20: 053-258-o61; Lot 21: 053-258-o62; Lot 22: 053-
258-o63; Lot 23: 053-258-o64 (Lots 1 through 23 are collectively referred to herein as
the "Lots" and the owners are collectively referred to as the "Lot Owners").
E. Each of the Lots is currently encumbered, improved, used, held, conveyed,
divided, encumbered, hypothecated, leased, and occupied subject to the Declaration.
F. The original developer of the Project reserved and the designated Lot
Owners grant to one another the easements set forth herein. Said easements shall be
appurtenant (as defined in Section 662 of the California Civil Code (hereinafter "Civil
Code") to the Lots which are mutually burdened and benefitted by each easement as set
forth herein. The easements shall automatically pass by conveyance of said Lots without
further mention thereof, in accordance with §§ 1084 and 1104 of the Civil Code.
G. The Declaration § 9.4 of Part 9, provides that it may be amended by an
instrument in writing signed by the holders of a minimum of 2/3 of the votes of the
Lots. Pursuant to the Declaration, Suburban Road LLC and Earthwood Lane, LLC
currently own in excess of 2/3 of the votes of the Lots and have signed this Second
Amended and Restated Declaration of Covenants, Conditions & Restrictions for Tract
2943 — Earthwood Lane.
H. All the Lot Owners utilize a portion of Lot 1 for storm drainage
improvements and are jointly responsible for the maintenance of the Common Storm
Drainage System including the storm water lift station and outfall line, the retention
basin on Lot 1, and landscaping of the retention basin area for the benefit of each of the
Lots per the terms of the Declaration.
I. The Lot Owners are bound by the Standard Private Stormwater
Conveyance System Management and Maintenance Agreement (hereinafter
"Agreement) for Tract 2943, a true and correct copy of which is attached as Exhibit 1
and fully incorporated herein by this reference as though fully set forth.
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J. The Lot Owners are bound by the Tract 2943 — Phase 2 Operation &
Maintenance Plans & Manual that outlines the Stormwater Management structural
control measures that shall be maintained and inspected yearly by the Lot Owners,
(hereinafter "Maintenance Plan") a true and correct copy of which is attached as Exhibit
2 and fully incorporated herein by this reference as though fully set forth.
K. These Restated CC&Rs are made pursuant to the Agreement and in
accordance with existing codes and regulations and in accordance with the Maintenance
Plan approved by the City Engineer in writing, which may be subsequently modified
from time to time with City Engineer's written approval.
NOW THEREFORE, The Lots shall be improved, used, held, conveyed, divided,
transferred, encumbered, hypothecated, leased, sold, and occupied subject to the
covenants and restrictions hereinafter set forth expressly and exclusively for the use and
benefit of the Property and of each and every person or entity who now or in the future
owns any portion or portions of the Property. The covenants and restrictions set forth
herein shall run with the land and be binding upon all parties having or acquiring any
right, title or interest in the subject property or any portion thereof, and inure to the
benefit of and be binding upon each successor in interest, and apply with equal force
and effect, except as expressly provided otherwise herein, to each of the Lots. Any
conveyance, transfer, sale, lease or assignment of any portion of any Lot shall be deemed
to incorporate by reference, and be subject to, each of the provisions of these Restated
CC&Rs.
SECTION ONE - DEFINITIONS
The terms defined below shall have the meaning herein specified for all purposes
of these Restated CC&Rs:
A. "Access Driveways" includes the driveway over the westerly 20 feet of
Lot 2 for the benefit of Lot i and the access driveway over the northerly 30 feet of Lot 1,
for the benefit of Lot 2.
B. "Agreement" shall mean the Standard Private Stormwater Conveyance
System Management and Maintenance Agreement (hereinafter "Agreement) for Tract
2943, a true and correct copy of which is attached as Exhibit 1 and fully incorporated
herein by this reference as though fully set forth.
C. "City" shall mean the City of San Luis Obispo.
D. "Declaration" shall mean the Declaration of Covenants, Conditions &
Restrictions Tract 2943 -Earthwood Lane recorded on July 23, 2013, as instrument
number 2013042695 in the Official Records of the San Luis Obispo County
Clerk/Recorder, affecting the property depicted on Tract Map 2943 as described in the
Declaration, the First Amendment to Declaration of Covenants, Conditions and
Restrictions for Tract 2943- Earthwood Lane recorded on October 3, 2024, as
instrument number 202402788o in the Official Records of the San Luis Obispo County
Clerk/Recorder; and the Corrected First Amendment to Declaration of Covenants,
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Conditions and Restrictions for Tract 2R43- Earthwood Lane recorded on October 15,
2024 in the Official Records of the San Luis Obispo County Clerk/Recorder ("First
Amendment"). (The Declaration, First Amendment and Corrected First Amendment
are hereinafter collectively referred to as the "Declaration").
E. "Document & Report" shall mean document all maintenance,
monitoring, inspections, cleanings and repairs made to the Drainage System in a
written report submitted annually to City by June 15th in a format approved by City as
detailed in the Agreement and Maintenance Plan.
F. "Earthwood Lane Access Driveway" shall mean the driveway that
serves as access from Lot 1 and Lot 2 to Earthwood Lane.
G. "Improvements" shall mean the Storm Drainage System; Reciprocal
Access Driveway; Sewer Lift System; Utility System; Earthwood Lane Access Driveway
serving as access from Lot 1 and Lot 2; Access Driveways; and the Parking Easement.
H. "Insurance Costs" shall mean the cost of maintaining the Lot 1
insurance policy and the Maintenance Manager's insurance policy described in
Section 3 below.
I. "Lot Owner" shall mean anyone having any fee simple estate in any Lot,
including anyone who holds such interest as security for the payment of an obligation,
but including any mortgagee or other security holding in actual possession of any Lot,
by foreclosure or otherwise, and anyone taking title from, any such security holder. Each
Lot Owner shall have the authority to take action to enforce these CC&Rs by mediation,
and if necessary by litigation.
J. "Maintenance Costs" shall mean all reasonable costs and expenses of
performing the Necessary Maintenance as defined below, including but not limited to
the cost of all materials, labor, services, equipment, water, power, and all other items of
direct cost and expense reasonably incurred for the maintenance, repair, operation, and
supervision of the Improvements as defined above. Such costs specifically include but
are not limited to fees charged by the Maintenance Manager (as defined below) or by a
management company selected by a Majority in Interest (as defined below) to perform
the duties of the Maintenance Manager. Maintenance Costs shall also include
Insurance Costs as defined above and addressed in Section 3 below. Each Lot Owner's
share of the Maintenance Costs is more particularly set forth in Exhibit 3, Tables 1 thru
7, hereto.
K. "Maintenance Manager" shall mean the Maintenance Manager
selected and designated by a "Majority in Interest" (as defined below), with full
assignment of responsibilities and authorities set forth herein.
L. "Maintenance Plan" shall mean the City -approved Stormwater Control
Operation and Maintenance Plan approved by the City Engineer in writing, which may
be subsequently modified from time to time with City Engineer's written approval
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attached hereto as Exhibit 2.
M. "Majority in Interest" shall mean Lot Owners who hold at least of 2/3
of the votes of the Lots.
N. "Necessary Maintenance" shall mean such care and maintenance as
may be reasonably necessary to inspect, clean, operate, maintain, repair and/or replace
the following as required in the Maintenance Plan (Exhibit 2) pursuant to the
Agreement (Exhibit i) to the standards used in the original construction at a minimum:
• Storm Drainage System
• Reciprocal Access Driveway
• Sewer Lift System;
• Utility Systems;
• Earthwood Lane Access Driveway serving as access from Lot 1 and Lot 2;
• Access Driveways
• Parking Easement
Necessary Maintenance includes the repair of all damages caused by ordinary use, the
occurrence of natural events, and acts of God.
O. "Parking Easement" includes an area approximately 20 feet wide
along the common boundary between Lot 2 within the southerly 6o feet of Earthwood
Lane Lot 3, Earthwood Lane Lot 4, and the northerly go feet of Earthwood Lane Lot 5.
P. "Project" shall mean the subdivision of Tract 2943 as depicted on the
Tract Map.
Q. "Property" shall mean that real property shown on the Tract Map.
R. "Reciprocal Access Driveway" includes the paved areas
approximately Zo feet along the Earthwood Lane boundary of each Earthwood Lane Lot
extending 20 feet into each Earthwood Lane Lot. (For example: Lot 3 and Lot 4 share a
reciprocal access driveway, and Lot 6 and Lot 7 share a reciprocal access driveway.)
S. "Reconstruction Costs" shall mean all reasonable costs and expenses
of restoring and reconstructing the Improvements, as defined above, as may be
damaged or destroyed as a result of earthquake, fire, flood, lightning or similar perils,
including the cost of all materials, labor, services, equipment, and all other items of
direct costs and expenses reasonably incurred in connection with restoration and
reconstruction.
T. "Restated CC&Rs" shall mean this Second Amended and Restated
Declaration of Covenants, Conditions and Restrictions.
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U. "Sewer Lift System" shall mean the sewer lift stations and connections
adjacent to the sewer lift stations.
V. "Common Storm Drainage System" shall mean all components of
the drainage system that benefit multiple Lot Owners for the Project, including, but not
limited to, inlets, storm drain lines, the storm water lift station and outfall line, the
retention basin on Lot 1, and landscaping of the retention basin area.
W. "Individual Storm Drainage System" shall mean any and all
drainage system improvements within any Lot that are for the sole benefit of that lot.
X. "Storm Drainage System" without specific reference to Common or
Individual shall mean both the Common and Individual Storm Drainage Systems.
Y. "Tract Map" shall mean the final map of Subdivision Tract 2943 filed of
record on December 7, 2021, in Book 41 at pages 42 through 43 inclusive in the Official
Records of the San Luis Obispo County Clerk/Recorder.
Z. "Utility Easement" Lot 2 shall be subject to a utility easement to access
and maintain each existing Utility System which encroaches upon Lot 2, including
existing structures on Lot 2.
AA. "Utility Systems" includes electric utilities, gas utilities, telephone
utilities, internet service utilities, fiber optics utilities, cable utilities, shared fire lines,
water lines, sewer lines, and sewer lift stations.
SECTION TWO — MAINTENANCE
2.1 Maintenance Manager Responsibilities - Subject to the
Maintenance Manager's right to reimbursement pursuant to Section 2.3 below, the
Maintenance Manager shall have a qualified licensed professional regularly inspect,
monitor, maintain and repair the entirety of the Common Storm Drainage System, in a
safe, clean, orderly, neat and sanitary fully operational condition at all times and in all
respects in compliance with these Restated CC&Rs. The Maintenance Manager shall
have a qualified professional conduct an annual inspection of the Common Storm
Drainage System as required in the Agreement and Maintenance Plan, and Document
and Report all maintenance, monitoring, inspections, cleanings and repairs made to the
Common Storm Drainage System in a Report submitted annually to City by June 15th in
a format approved by City as detailed in the Maintenance Plan. The Maintenance
Manager shall perform the Necessary Maintenance as defined above. The Maintenance
Manager may elect to retain a management company or operator to perform any or all
of such Necessary Maintenance.
2.2 Authority — The Maintenance Manager shall have the right to take any
action necessary to enforce these CC&R's. The Maintenance Manager shall have the
right, from time to time, to temporarily close all or part of the Easements referenced in
these Restated CC&Rs for repair or maintenance purposes and to take such further
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action as may be reasonably necessary or desirable in the Maintenance Manager's good
faith business judgment in order to perform the Necessary Maintenance. The
Maintenance Manager must give written notice to the affected Lot Owners at least five
business days prior to any event which is not an emergency, which would result in the
closing of any of the Easements. Notwithstanding anything to the contrary contained in
these Restated CC&Rs, except in the case of the Maintenance Manager's negligence, the
Maintenance Manager shall not be liable for, and Lot Owners waive all claims,
liabilities, losses, damages, costs, and expenses arising out of or relating to, any act or
omission undertaken in good faith by the Maintenance Manager in connection with or
pursuant to this Section Two.
2.3 Administrative Fee — The Maintenance Manager may collect a
reasonable administrative fee for its services provided pursuant to these Restated
CC&Rs as long as the fee is comparable to fees charged by businesses or persons
providing similar services in the area. In any case, an administrative fee equal to the
greater of the following shall be deemed reasonable: (1) $50.00 per Lot per month
(subject to an annual increase on the anniversary of the recordation of these Restated
CC&Rs equal to the percentage increase in the Consumer Price Index applicable to San
Luis Obispo County; or (2) fifteen percent of all Maintenance Costs and Reconstruction
Costs payable on a monthly basis.
2.4 Reimbursement — The Lot Owners shall reimburse the Maintenance
Manager for their pro rata share as set forth in Exhibit 3, Tables 1 thru 7, attached
hereto of all Maintenance Costs and/or Reconstruction Costs. All reimbursements shall
be made to the Maintenance Manager within ten days after the Maintenance Manager
has given the Lot Owners written notice containing a reasonably detailed statement of
such Maintenance Costs and/or Reconstruction Costs.
2.5 Failure of Maintenance Manager — In the event the Maintenance
Manager is not performing or causing its management company or operator to perform
the Necessary Maintenance in a manner that is reasonably acceptable to the Lot
Owners, then a Majority in Interest may give written notice setting forth those items of
maintenance that are unacceptable. If within ten days after a Majority in Interest have
given such notice to the Maintenance Manager, the items identified have not been
corrected, or if such items cannot reasonably be corrected within ten days, and the
Maintenance Manager is not making its best efforts to correct such items as soon as is
reasonably practicable, then a Majority in Interest shall have the right to either appoint
a new Maintenance Manager or perform the Maintenance Manager's obligations
hereunder as to such items and to obtain reimbursement from the Lot Owners for their
pro rata share of the cost.
2.6 Damage or Destruction as Result of Casualty Lots — If all or part of
the Improvements maintained by the Maintenance Manager as part of the Necessary
Maintenance are damaged or destroyed as a result of any Casualty Loss, as soon as
reasonably practical after the date of such damage or destruction, the Maintenance
Manager shall cause the damaged or destroyed portion of the Improvements to be
repaired and restored to the substantially same condition as immediately prior to such
damage or destruction or in accordance with such other plans and specifications as the
Maintenance Manager and a Majority in Interest may agree upon in writing (the
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"Reconstruction"). Reconstruction pursuant to this Section shall not include
reconstruction of utility mains which are the property and obligation of utility
companies or other public entities, nor utility laterals which are the obligation of the
individual Lot Owners, even though such mains and laterals may be located within an
easement. The Reconstruction shall be performed by a licensed independent and
qualified contractor ("Contractor") who has been selected by the Maintenance
Manager. If the Maintenance Manager does not select a Contractor within thirty days of
the Casualty Loss, then a Majority in Interest may select a Contractor and proceed with
Reconstruction. The foregoing shall not relieve the Maintenance Manager of any of its
other obligations under these Restated CC&Rs, including but not limited to the
Maintenance Manager's pro rata share of Reconstruction Costs if the Maintenance
Manager is also a Lot Owner. The Reconstruction shall be performed pursuant to a
fixed price or guaranteed maximum price contract between the Maintenance Manager
and the Contractor which is prepared by the Maintenance Manager on a standard
American Institute of Architect's form or on such other standard form as may be in
general use in the construction industry in San Luis Obispo County, California
("Construction Contract"). Each Lot Owner shall reimburse the Maintenance Manager
for its share of the Reconstruction Costs prior to the start of Reconstruction in
accordance with the terms of the Construction Contract or as otherwise may be
required by the Maintenance Manager within ten days after the Maintenance Manager
has given Lot Owners written notice containing a reasonably detailed statement of such
Reconstruction Costs.
SECTION THREE -INSURANCE
3A Retention Basin Insurance - The Maintenance Manager shall obtain and
maintain, and the Lot Owners shall pay their pro rata share of the premium for, a
general liability insurance policy in an amount not less than $1,000,000 on the Lot 1
retention basin as it would be unfair for the owner of Lot 1 to bear the sole cost of
insuring the retention basin. The amount of insurance coverage on Lot 1 may be
increased at any time with the approval of a Majority in Interest.
3.2 Maintenance Manager's Insurance — The Maintenance Manager shall
obtain and maintain a liability insurance policy to cover their activities conducted
pursuant to these Restated CC&Rs.
The cost of the liability insurance set forth in Sections 3.1 and 3.2 are "Insurance
Costs" that shall be included in the "Maintenance Costs" and shall be paid by the Lot
Owner based on the pro rata share set forth in Exhibit 3, Table 1.
3.3 Lot Owner's Insurance - The Lot Owners shall each be responsible for
carrying their own insurance policy in an amount not less than $1,000,000 for their
respective Lot(s) which policy shall: (a) name the Maintenance Manager as an
additional insured; (b) provide that the policy cannot be terminated without thirty days
prior notice to the Maintenance Manager. Each Lot Owner shall present the
Maintenance Manager with proof of insurance on or before January 315t of each year.
SECTION FOUR - DRAINAGE SYSTEM
Earthwood Lane Lots and Lot i and Lot 2
4.1 Easements: Lot i shall be subject to an easement over the area used as a
retention basin which is approximately 153 feet by 159 feet in the Southeast corner of
Lot 1,. There is a "5' wide storm drain easement in favor of all Lots along the easterly
boundary of lot 1. Lots 1 and 2 shall be subject to a drainage easement over the westerly
20 feet of Lot 1 and Lot 2, for the mutual benefit of Lot 1 and Lot 2.
4.2 Maintenance: The Lot Owners shall be jointly responsible for the costs
of accessing and maintaining the Common Storm Drainage System. These costs shall be
paid by the Lot Owner based on the pro rata share set forth in Exhibit 3, Table 1.
Maintenance of the Common Storm Drainage System shall be, at a minimum, to the
standards used in the original construction. The Lot Owners shall mutually share in the
cost and expense of accessing and maintaining the Common Storm Drainage System,
except that each Lot Owner shall be solely responsible for the cost of repairing damage
to the System, other than normal wear and tear, caused by a Lot Owner or that Owner's
contractors, agents, guests, licensees, or invitees.
Except as otherwise provided herein, the cost of maintaining the Individual
Storm Drainage Systems within the boundaries of Lots 2 through 23 shall be the
responsibility of the Lot Owner of that individual Lot.
No Lot Owner shall do any work, construct any improvement, place any
landscaping or suffer the existence of any condition whatsoever which shall alter or
interfere with the drainage pattern on any Lot in Tract 2943, except to the extent such
alteration in drainage pattern is approved in writing by the City.
4.3 Third Party Beneficiaries: Proper maintenance of the Storm Drainage
System shall be for the benefit of the citizens of the City of San Luis Obispo, (called "the
City"), and the City shall be a third -party beneficiary of the Declaration. The City may
exercise the same powers of enforcement as an Owner of each Earthwood Lane Lot or
Lot 1 or Lot 2. If the City determines that the Lot Owners have not adequately
maintained the Storm Drainage System, the City may, in addition to exercising any
other remedies available to it (including but not limited to administrative enforcement),
give written notice to the Lot Owners, which shall contain the date, time and place of a
hearing to be held no sooner than 15 days after mailing the notice. If the City
determines at such hearing that maintenance of the Storm Drainage System should be
required, then the City may undertake the required maintenance, and the costs shall be
a lien against the Lots, and shall be the personal obligation of the Lot Owners. The City
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shall have the right to inspect the Storm Drainage System at mutually agreed upon times
to ensure that the covenants, conditions and restrictions prescribed by these Restated
CC&Rs, and the conditions of Tract Map 2943 are being met.
SECTION FIVE - RECIPROCAL ACCESS DRIVEWAYS
Earthwood Lane Lots Only
(Lot i, Lot 2, and Lot 5 owners are not parties to Section Five below.)
5.1 Maintenance: The owner of each Earthwood Lane Lot shall be jointly
responsible for the cost of maintaining of the Reciprocal Access Driveway serving as
their access into the specific Earthwood Lane Lot from Earthwood Lane. Maintenance
of the Reciprocal Access Driveways shall be, at a minimum, to the standards used in the
original construction. Costs of maintenance of each Earthwood Lane Reciprocal Access
Driveway shall be shared equally by the Earthwood Lane Lots sharing that Earthwood
Lane Reciprocal Access Driveway. When a vehicle is parked so as to block a reciprocal
driveway, the Owner of an Earthwood Lane Lot whose access is blocked may have the
obstructing vehicle moved, and the blocked Lot Owner shall be entitled to
reimbursement from the offending Lot Owner and/or the obstructing vehicle owner for
costs incurred in moving the obstructing vehicle, and the offending Lot Owner shall
indemnify and defend the blocked Lot Owner concerning such action.
SECTION SIX - SEWER LIFT SYSTEMS
All Earthwood Lane Lots
(Lot 1 and Lot 2 owners are not parties to Section Six below.)
6.1 Maintenance: The owner of each Earthwood Lane Lot served by the sewer
lift system shall be jointly responsible for the cost of maintaining the sewer lift system
serving each such Earthwood Lane Lot. Maintenance of the Earthwood Lane sewer lift
system. As set forth in section 2.1 above, the Maintenance Manager shall have a
qualified licensed professional regularly inspect, monitor, maintain and repair the
entirety of the Common Storm Drainage System, in a safe, clean, orderly, neat and
sanitary fully operational condition at all times and in all respects in compliance with
these Restated CC&Rs. Maintenance shall be, at a minimum, to the standards used in
the original construction. The costs of maintaining the sewer lift system shall be
allocated by and paid to the Maintenance Manager to each Earthwood Lane Lot served
by the sewer lift system based upon the actual costs attributed to the maintenance of the
sewer lift system for each individual Earthwood Lane Lot served by the sewer lift
system. If the actual costs attributed to the maintenance of the sewer lift system cannot
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be reasonably allocated by the Maintenance Manager for each individual Earthwood
Lane Lot served by the sewer lift system, costs shall be paid to the Maintenance
Manager by each Earthwood Lane Lot Owner based on the pro rata share set forth in
Exhibit 3, Table 3.
SECTION SEVEN - UTILITY SYSTEMS
Lot i and Lot 2
(The Earthwood Lane Lots owners are not parties to Section Seven below.)
7.1 Easements: Lot 2 shall be subject to a Utility Easement to access and
maintain each existing Utility System which encroaches upon Lot 2, including existing
structures on Lot 2.
7.2 Maintenance: The Owner of Lot 1 shall be responsible for the cost of
maintaining the Utility Systems within the "Utility Easement." 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 maintenance of the shared Utility System(s). If the actual costs
attributed to the maintenance of a shared Utility System cannot be reasonably allocated
for Lot 1 or Lot 2, costs shall be allocated to Lot 1 and Lot 2 in equal shares as set forth
in Exhibit 3, Table 4.
SECTION EIGHT- LOT TWO PARKING
Earthwood Lane Lot 5 and Lot 2
(Earthwood Lane Lots 3, 4, 6 thru 23 and Lot 1 owners are not parties to Section Eight
below.)
8.1 Easements: Earthwood Lane Lot 5 shall be subject to an exclusive parking
easement for the benefit of Lot 2. The Parking Easement may be used only by the owner
of Lot 2 for parking. Lot 5 shall have no parking rights in the Parking Easement. No
structures shall be erected within the Parking Easement other than fences. No activity
shall be permitted within the Parking Easement which would disqualify the Parking
Easement as a part of a "setback" which may be required for structures erected on
Earthwood Lane Lot 5.
8.2 Maintenance: The owner of Lot 2 shall be responsible for the entire cost of
maintaining the Parking Easement as reflected in Exhibit 3, Table 5. Maintenance of the
Parking Easement shall be, at a minimum, to the standards used in the original
construction.
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SECTION NINE- ACCESS TO EARTHWOOD LANE
Lot i and Lot 2
(Earthwood Lane Lots 3 thru 23 owners are not parties to Section Nine below)
9.1 Maintenance: The Owners of Lot 1 and Lot 2 shall be jointly responsible
for the maintenance of the Earthwood Lane Access Driveway serving as access from Lot
1 and Lot 2 to Earthwood Lane. Maintenance of the Earthwood Lane Access Driveway
shall be, at a minimum, to the standards used in the original construction. Costs of
maintenance of the Earthwood Lane Access Driveway shall be allocated 3/4 to Lot 1, and
1/4 to Lot 2, as shown in Table 6 of Exhibit 3.
SECTION TEN - ACCESS DRIVEWAYS
Lot i and Lot 2
(Earthwood Lane Lot owners are not parties to Section Ten below.)
io.i Easements: 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 easement over the northerly 30 feet of Lot 1, for the benefit of Lot 2,
(called "Access Driveways").
10.2 Maintenance: The Owners of Lot 1 and Lot 2 shall be jointly responsible
for the maintenance of the Access Driveways. Maintenance of the Access Driveways
shall be, at a minimum, to the standards used in the original construction. Costs of
maintenance of the Access Driveways shall be allocated to Lot 1 and Lot 2 in equal
shares, as shown in Table 7 of Exhibit 3. When a vehicle is parked so as to block an
Access Driveway, the owner of the Lot whose access is blocked may have the obstructing
vehicle moved, and the blocked Lot owner shall be entitled to reimbursement from the
offending Lot owner and/or the obstructing vehicle owner for costs incurred in moving
the obstructing vehicle, and the offending Lot owner shall indemnify and defend the
blocked Lot owner concerning such action. No structures shall be erected within the
Access Driveway easements.
SECTION ELEVEN - GENERAL PROVISIONS
All Lots
mi Parking — Parking is prohibited on Reciprocal Access Driveways, Access
Driveways, and fire lanes. Any violation is enforceable under California Vehicle Code §
22651(d) which provides for vehicle removal when a vehicle is illegally parked so as to
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block the entrance to a driveway and it is impractical to move the vehicle from the
driveway or from in front of the driveway to another point on the highway. The City, or
any Lot Owner that incurs costs for removal of vehicles from Reciprocal Access
Driveways shall be entitled to reimbursement from offending Lot Owner for costs
incurred in the removal of vehicles from reciprocal access driveways and fire lanes and
shall have no liability concerning such parking enforcement.
11.2 Disputes — Lot Owners shall attempt to amicably resolve any disagreement
between Lot Owners concerning the subject matter of these Restated CC&Rs. If a
disagreement is not resolved within 3o days after written notice of such disagreement is
given by one party to the other, then the parties involved in the dispute shall jointly pay
a professional Mediator to attempt to facilitate a settlement. If the parties are unable to
mediate a resolution and the dispute proceeds to litigation, the prevailing party shall be
entitled to reasonable attorney's fees, costs, and expenses (including expert witness fees)
incurred in the action.
11.3 Amendments - These Restated CC&Rs may be amended at any time, and
from time to time by an instrument in writing sighed by a Majority in Interest, and by
each Mortgagee whose Mortgage encumbers any affected portion of the Property,
however any amendments must comply with the Tract Map and the conditions of
approval for the development. An amendment to these Restated CC&Rs must be
approved by the City of San Luis Obispo and signed by the holders of 2/3 of the votes of
the Lot Owners and recorded in the Official Records of San Luis Obispo County.
11.4 Mutual Indemnity — Except as otherwise expressly provided in these
Amended CC&Rs each Lot Owner (each an "Indemnitor") shall be responsible for, and
shall indemnify and hold one another harmless from and against, the cost of all repairs,
maintenance, and reconstruction of improvements beyond those reasonably necessary
to correct normal and reasonable wear and tear, which are necessitated by or result from
a particular Indemnitor's use of the Property, including the Easements, or any activity
permitted or ordered by an Indemnitor.
11.5 Default — A Lot Owner shall be deemed to be in default under this
Declaration if (a) such Lot Owner has breached any of its monetary obligations under
this Declaration and has failed to cure such breach within ten days after written notice
from the Maintenance Manager or other Lot Owner specifying the nature of the breach;
or (b) each Lot Owner has breached any of its non -monetary obligations under these
Restated CC&Rs and has failed to cure such breach within ten days after written notice
from the Maintenance Manager or other Lot Owner specifying the nature of the breach,
provided, however, that if the nature of the breach is such that it cannot reasonably be
cured within such ten day period, the breaching Lot Owner shall have such additional
time as may be reasonably necessary to complete its cure, so long as it has commenced
to cure the breach with diligence after the applicable notice of default has been given
13
and has completed the cure within twenty days after the expiration of such ten day
period.
11.6 Default Remedies — Upon the default under these Restated CC&Rs by a
Lot Owner, the non -defaulting Lot Owners and/or the Maintenance Manager shall have
the right at any time to commence and prosecute any action or proceeding at law or in
equity which such party may be entitled to bring including an action to recover all
damages arising out of each default.
11.7 Injunctive Relief — Notwithstanding anything to the contrary in Sections
11.5 and 11.6 above, if any Lot Owner uses or attempts to use any portion of the
Easements in violation of any of the terms of these Restated CC&Rs, the other Lot
Owners and/or the Maintenance Manager shall be entitled to immediately obtain a
temporary restraining order or other injunctive relief to prevent such violation. Each
party's right to seek and obtain injunctive relief and initiate and pursue contempt
proceedings for violation of any injunction shall not limit its right to pursue any other
equitable or legal remedy for any violation of these Restated CC&Rs.
11.8 Option to Cure Default — If a Lot Owner is in default for breach of a non -
monetary obligation under these Restated CC&Rs, the Maintenance Manager shall have
the right, but not the obligation to perform or contract for the performance of the
obligation without waiver of such default. If this is done, the defaulting owner shall
reimburse the Maintenance Manager for all costs incurred in curing the breach, which
reimbursement shall be considered a "Reimbursement Payment" immediately due and
therefore subject to the provisions of Sections 11.9 below.
11.9 Delinquent Reimbursement Payments — If the Lot Owner breaches its
obligation to make any reimbursement payment to the Maintenance Manager and/or
fails to reimburse the Maintenance Manager for the Maintenance Manager's cure of a
non -monetary default by that Lot Owner pursuant to Section 11.6 above (collectively
"Reimbursement Payment") within the ten day period specified in such Section and that
Lot Owner fails to cure such breach within the period allowed under Section 9.5 above,
the Reimbursement Payment shall be deemed to be delinquent and shall bear interest
commencing on the date on which the Reimbursement Payment was first due at the
maximum legal rate per annum, but in no event more than 18% per annum. In addition
to interest on the Reimbursement Payment, the Lot Owner shall also be charged a late
fee of $500 which shall be charged on the first day the Reimbursement Payment
becomes delinquent.
11.10 Recordation of the Delinquency Notice — If any Reimbursement
Payment becomes delinquent under Section 11.5 above, the Maintenance Manager shall
have the right to record a notice of a delinquent Reimbursement Payment (the
"Delinquency Notice") against the defaulting Lot in the Office of the County Recorder of
14
San Luis Obispo County, California (the "Recorder's Office") and thereby create a claim
of lien, with power of sale, against the defaulting party's Lot to secure payment of any
and all Reimbursement Payments, together with interest and late fees thereon as
specified in Section 11.10 above and all reasonable costs of collection which may be
incurred by the Maintenance Manager in connection therewith (the "Collection Costs"),
including reasonable attorney's fees. Each delinquent Reimbursement Payment,
together with interest and costs as specified in this Section, shall become a lien on the
defaulting party's Lot upon recordation of a Delinquency Notice in the Recorder's Office.
Each Delinquency Notice shall contain substantially the following information:
a. The name of the record owner of the defaulting Lot Owner's Lot;
b. The legal description of the defaulting Lot Owner's Lot;
c. The total amount of the delinquent Reimbursement Payments, together with
interest and late fees thereon and estimated Collection Costs as of the date of the
Delinquency Notice; and
d. A statement that the Delinquency Notice is made pursuant to these Restated
CC&Rs.
SECTION 12 — PROVISIONS SPECIFICALLY REQUIRED BY
THE CITY OF SAN LUIS OBISPO
The City of San Luis Obispo requires the following provisions verbatim:
12.1 The parties understand that the City of San Luis Obispo cannot regulate
vehicle usage or hazard upon said common driveways and agree, jointly and
individually, to defend and hold the City of San Luis Obispo harmless from all claims for
damages or liabilities arising from the alleged failure of the City of San Luis Obispo to
regulate vehicles or to provide protection from hazards upon said driveways.
12.2 The parties agree to provide perpetual maintenance and repair of all parts of
the common -access driveways and parking lot.
12.3 The parties agree that parking on the commonly used portions of the
driveways is prohibited.
12.4 The parties understand that they may use vehicle removing authority
granted private property owners in California Vehicle Code § 22658 when any vehicle is
parked in the common -access driveways so as to impede, restrict or prevent entry of
access to a parcel of the parcels served thereby.
15
If there is any conflict between the terms and conditions of the Declaration, the
First Amendment to Declaration, the Corrected First Amendment to Declaration and
these Restated CC&Rs, the terms and conditions of these Restated CC&Rs shall control.
Suburban Road, LLC
Sterling Ball, Manager
Earthwood Lane, LLC
Sterling Ball, Manager
16
CALIFORNIA 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 Calif o a County of _ 1 V e I
S\ �- 0
On `�`V� beforeme. 1 c0, om,f,
Date \ ' \ ere Insert Name and Title of the Officer
.,
personally appeared ye f `\ �)1 \ (T �,,1
Nome(o of SignerV-
who proved to me on the basis of satisfactory evidence to be the personK whose name(e) is/ate subscribed
to the within instrument and acknowledged to me that he/sloe/they executed the same in his/heT/their
authorized capacity(i,es), and that by his/herltftir signature(4 on the instrument the person(5), or the entity
upon behalf of which the person(a) acted, executed the instrument.
cat of r F DAISY C. FALOW
^ Notary Public . California =
t Riverside County a
Commission;, 2387078
My Comm. Expires Dec 16, 2025
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.
Signature
Sign t re of Notary Public
ISLLI iTll'lGi
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Docu
Title or Type of
Document Date:
Signer(s) Other 1
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Cons
❑ Other:
Signer is Representing:
02019 National Notary Association
SW' er's Name:
b Corporate Officer —
❑ Partner — ❑ Lim' d
❑ Individual
❑ Trustee
❑ Other:
SigneXs Representing:
W
❑ General
❑ Attorney in Fact
❑ Guardian or Conservator
2021079917
RECOR.D111G REQUESTED BY: •
_iZE�O�RDTNGti UES7EDBY ,li1Y
Elaina Cano
San Luls
CCity of San Luis Obispo
Obispo — County Clerk —Recorder.
i2/07/2023 08:12 An
Recorded at the request of:
WHEN RECORDED, PLEASE ETURN TO
auB1.2c
City of San Luis Obispo
Titles: t pages: S
Community Development, Building & Safety Division
1 Fees: $0.00
919 Palm Street
Taxes: 0. oe
! Total:0,00
San Luis Obispo, CA 93401
lIN,No
fee F
����
No Documentary Transrer-rax-pei-svora..... y-,•,-.• ___..__�.
���
2iJ(o�S(i-i .- Lx
No Recording Fee per Government Code § 27383
City of San Luis Obispo
Standard Private Stormwater Conveyance System -
Management and Maintenance Agreement
Property Description: Site Address: •151 Suburban Road
Permit No. FMAP-0202-2020 (Plans) & FMAP•0208-2020 (Map)
Project: Tract 2943 — Phase 2 (hereinafter referred to as "PROJECT")
Legal Description: Lots 8 to 23, inclusive, of Tract 2943-Phase 2 in the City of San Luis Obispo, Count of San
Luis Obispo, State of California, as shown on map filed in Book of 't LMaps at Pages_ to t ,� ,
in the Office of the County Recorder of said County.
Original Legal Description of property: Remainder of Tract 2943-Phase 1, as shown on the map ailed in Book 33
of Maps at Pages 82 to 84, in the City of San Luis Obispo, County of San Luis•Obispo, State of California.
This Agreement is made and entered into in San Luis Obispo, California, this day of ee m " , 2021, by
and between Sterling C. Ball and Nova Gayle Ball Marks (hereinafter referred to as "OWNERS") and the
City of San Luis Obispo, a municipal corporation, located in the County of San Luis Obispo, State of California,
(hereinafter referred to as "CITY"). This Agreement is made in accordance with existing codes and regulations
and in accordance with the approved PROJECT plans and specifications on file at the CITY (hereinatier
collectively referred to as "PLANS") with respect to the following recitals:
RECITALS:
The undersigned OWNERS of the real property referenced above, hereby covenants with CITY to utilize onsite
stormwater management systems (i.e. structural and/or non-structural) to minimize runoff and pollutants in runoff
and to provide permanent storm drainage maintenance to control, manage, retain, treat, infiltrate and dispose of
(1) on -site storm drainage for the PROJECT and (2) ancillary street and site drainage from the adjoining street and
sites, as stipulated in the PLANS and in the Private Stormwater Operations and Maintenance Manual on file at the
CITY (hereinafter referred to as "MANUAL"). The storm drainage improvements shown and described in the
PLANS are hereinafter referred to as the "SYSTEM".
OWNER is solely responsible for adhering to the requirements set forth in the PLANS and MANUAL and agrees to
the following conditions in compliance with all local, state, federal laws and regulations and according to the PLAN
and MANUAL:
I. MAINTENANCE: OWNERS shall maintain the SYSTEM as required in the PLANS and MANUAL.
2. MONITORING: OWNERS shall monitor the SYSTEM as required in the PLANS and MANUAL.
3. INSPECTIONS: OWNERS shall routinely inspect the SYSTEM as required in the PLANS and
MANUAL.
4. CLEANINGS: OWNERS shall routinely clean the SYSTEM as required ih the PLANS and MANUAL.
5. REPAIRS: OWNERS shall repair the SYSTEM as required in the PLANS and MANUAL.
6. DOCUMENT & REPORT: OWNERS shall document all maintenance, monitoring, inspections,
cleanings and repairs made to the SYSTEM in the annual report submitted to CITY by June 15`h of each
year in a format approved by CITY as detailed in the PLANS and MANUAL.
EXHIBIT 1 Page 1 of 5
DOC #2021079917 Page 2 of 5
7.. CITY'S RIGHTS & AUTHORITY: Pursuant to San Luis Obispo Municipal Code section
12.08.220, CITY has the right and authority td inspect the SYSTEM to determine compliance with this
agreement (i.e. maintenance, monitoring, inspections, cleanings, repairs, documentation and reporting)
which may result in enforcement activities and/or abatement if necessary pursuant to applicable taws and
regulations. OWNERS hereby consents to CITY conducting said inspections between the hours of 8:00 a.m.
through 5:00 p.m., Mondays through Fridays. This Agreement shall not be construed as precluding CITY
from conducting inspections, which may be necessary due to an emergency.
S. FAILURE TO MAINTAIN, CLEAN AND/OR REPAIR SYSTEM: Failure to maintain, monitor,
inspect, clean, repair or document and report as required herein shall constitute a public nuisance. CITY
may remedy such public nuisance through any of the applicable procedures as set forth in the San Luis
Obispo Municipai'Code, including but not limited to Chapter 1.24 and/or Chapter 12.08, and/or may pursue
any other legal or equitable remedies to abate such public nuisance.
9. -INDEMNIFICATION: OWNER further agrees to defend;•indemnify,protect and hold CITY and its —•••
agents, officers and employees harmless from and against any and all claims asserted or liability established
for damages or injuries to any person or property, including to OWNERS'- tenants, guests, invitees, agents or
employees, which arise from or are connected with or caused or claimed to be caused by the acts or
omissions of OWNER, and its agents, employees or contractors, in performing the obligations specified
herein, and all expenses of investigating and defending against same; provided,'however, that OWNERS'
duty to indemnify and hold harmless shall not include any claims or liability arising from the established
sole negligence or willful misconduct of the CITY, its agents, officers or employees.
10.BINDING ON FUTURE OWNERS: This covenant shall run with the land and shall be binding upon the
undersigned owners, their heirs, executors, administrators, assigns and successors in interest.
I1.NOTICES: Any notice, demand, request, consent, approval or communication to OWNERS under this
Agreement (hereinafter collectively referred to as "Notices") shall be in writing and either served personally
or sent by prepaid, first-class mail to the person and address set forth below. Altemately, OWNERS may elect
to have Notices sent by e-mail if indicated below and an e-mail address is provided. OWNERS shall notify
CITY of any change in address, e-mail, or transfer of ownership. Any notice shall be deemed to be effective
five calendar daqvs after the date, mailed or, if applicable, on the same date the potice was e-mailed.
Name 46��
�Nova� Cxt le
Company:
y �1I! Marks
Address:—, `�
City/State: 9 JSVaV
I agree to receive Notice by emai : Yes No
Email Address: /VaVill111h w r.�-,i �.�.,vJr ,—
EXHIBIT I Page 2 of 5
DOC #2021079917 Page 3 of 5
OWNERS:
Roland . Bali Revocable Real Property Nonexempt Trust U/D/T Date November 20, 1995
ice" � 1��_.._.--•—
Sterling C. Ball Trustee D to
0
Nova Gayle Ball Marks, Trustee bat
Roland S. Ball Revocable Real -GST Trust U/DtT Dated November 20, 1995
Oer"Cli, T , ee D t
Nova Gayle Ball Marks, tee EVate
ITY A SA LUIS OBISPO:
A ',' . (Z 1 L i
Hal hannula, Supervising Civil Engineer liate,
Community Development Department
EXHIBIT 1 Page 3 of 5
DOC #2021079917 Page 4 of 5
FNotary Publlc or other ofcer completing this certificate verifies only the identity of the individual who signed the
cument to which this certilicale is attached and not the truthfulness. accuracy, or validity of that document.
State of California
County of Sat}-tois�
before me, iq 7=FI t D/t /Ilo l�j j ,c
Date Name and TDic ortbc Officer
personally appeared, �M9 C >��t c ,Sg/i 1�Jr¢1zx5
Name orsiper(s)
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(iss); and that
by his/her/thk signature(f) on the instrument the .person(a), or the entity upon behalf of which the person(y) acted,
executed the instrument.
I certify -under PENAI,,TY OF PERJURY under'the laws of -the State of California that the foregoing paragraph is true
and correct.
RAM DlLSMAN P
alifornia
WITNESS my hand a cial seal. NotaryPuele-County
Los Angeles County
Commission A' 2308760
*my Comm. Expires Nov 10, 202I a
Signature
signturc orNotary Public Place Notary Seal Above
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 or',a,;e }
County of Sen-bttis-Abispo% }
On_Qr1,Pw6[94(A before me, i_ VG4V1 FOt SS a 044 r� j cn
Date Name VW Title of I Ofiiavj (�-
personally appeared, %P' r 1 t n� t 1 C, 1
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 paragraph is true
and correct.
WITNESS my hand d official seal.
Signature
Sign e ! Pub'
— --.=—
emy
EVANatSSErTNotary Public • California
Orange County
Commission N 2290130
Comm. Expires May 26, 2023
„nw�u►+�
Place Notary Seal Above
EXHIBIT 1 Page 4 of 5
DOC #2021079917 Page 5 of 5
CALIFORNIA 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
County of o
On DuZ11�0-,- \ before me,
Date \\ Here Insert Name and Title of the Oflic r
personally appeared
Nome(s) of Signer(s)
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(les), 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.
" KEViN R. CNRISTIAN
Notary Public • Calirornia
-Lem
# = San Luis Obispo County
Commission x 2302534
''��••'•`My Comm. Expires Aug 22, 2023
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.
Signature
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached
Title or*Type of Documei
Document Date: ` Number of Pages:
Signers) Other Than Named Above:5t,- k, C• A
Capacity(les) Clamed by Signer(s)
Signer's Name: - C. • \�
❑ Corporate Officer — TRI s):
❑ Partner — ❑ Limited ❑ General
❑ individual ❑ Attorney In Fact
e''Crustee ❑ Guardian or Conservator
❑ Other.
Signer is Representing:
02018 National Notary Association
Signer's Name: �10 ,,,.��c `a A tp\�
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
ja-frustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
END OF DOCUMENT
EXHIBIT 1 Page 5 of 5 .
Operations & Maintenance Plans & Manual for Tract 2943
This manual outlines the Stormwater Management structural control measures that shall be maintained
and inspected yearly by the owners of the property.
Annual self inspection reports for Stormwater Control Measures shall be submitted to the City of SLO no
later than June 15th of each year, Complete inspections per the following Plans & Manuals instructions.
The inspection reports can be submitted at infoslo.slocity.org. Click apply tab and select SCMRV under the
Plans tab.
Attachments:
Stormwater System Self -Inspection Coversheet
Exhibit B : Site Map
Exhibit B: Structural Best Management Practice (BMP) Description
Private Stormwater Systems Plans & Manuals: Settling/Detention Basin
Stormwater Detention Feature Inspection Form
EXHIBIT 2 Page 1 of 5
CITY OF SAN LUIS OBISPO
COMMUNITY DEVELOPMENT DEPARTMENT
Stormwater System Self -inspection
Coversheet
OFFICE USE ONLY
SWP
Completed inspection forms shall be submitted with this coversheet annually by June 15 to:
City of SAN LUIS OBISPO
Community Development Department Submitted online at
Attn: City Engineer _or_ infoslo.slocity.org
919 PALM STREET
SLO, CA, 93401
Stormwater System Inspection General information
PropertqAddress:
SWP Case #: FMAP-0202-2020
Property1
Suburban Road - Tract 2943 - Phase 2
Current Propert
Mailing Address:
Phone -
Inspection Reporting Period:
Inspector
First & Last Name:
Date of Inspection(s):
BMP Number(s) Inspected:
(List all8MPs Inspected on the
property)
Inspector Signature
Date
UPDATED 1113012018
EXHIBIT 2 Page 2 of 6
OA TRACT BASIN. RETENTION (BOT ELEV = 108') WITH
DETENTION OUTLET AT 110.6'.
B� CURB INLET PER CITY OF SLO STANDARD 3360.
(2) 12" HDPE STORM DRAIN PIPES SLOPED EAST TO WEST
�p 24" HDPE STORM DRAIN PIPE TO BASIN.
RIP RAP VELOCITY DISSIPATER OUTLET TO BASIN.
HEADWALL WITH 1 B" OUTLET FROM BASIN.
O18" HOPE OUTLET PIPE TO TRACT 3089 STORM DRAIN
SYSTEM.
,n EMERGENCY OVERFLOW WEIR (114.23') WITH RIP RAP
��!! DISSIPATER.
, BASIN ACCESS "RAMP".
MAINTENANCE INSTRUCTIONS:
1. A YEARLY INSPECTION REPORT IS REQUIRED TO BE SUBMITTED
TO THE CITY BY JUNE 15TH. COMPLETE INSPECTION FORMS.
2. IT IS RECOMMENDED THAT MAINTENANCE IS PERFORMED TWICE
A YEAR IN APRIL AND OCTOBER.
3. INSPECT BASIN FOR TRASH, DEBRIS AND SEDIMENT
ACCUMULATION. REMOVE AS REQUIRED VIA THE ACCESS RAMP.
4. MAINTAIN VEGETATION HEIGHT WITH MOWING.
5, INSPECTED OUTLET HEADWALL & PIPE FOR DEBRIS OR
SEDIMENT.
I
I)
I�
ooBAS IN PLANII,
SCALE. I"
EXHIBIT 2 Page 3 of 5
Form SWP-1007
Exhibit B: Stormwater Control Measure (SCM) Description
SCM#: 1
=that
0 Water Quality Treatment Z Runoff Retention ® Peak Management
(Performance Requirement #2) (Performance Requirement #3) (Performance Requirement #4)
❑ Biofiltration/Bioretention ❑ Vegetated Swale ❑ Vegetated Buffer Strip
❑ Filtration Device ❑ infiltration Feature ❑ Pervious Pavement
2. Type of SCM
Installed:
0 infiltration Basin ❑ Media Filter
m Detention Basin
❑ Treatment Vault
3. Location of SCM
location: [] Onsite R] Offsite
Contributing Impervious Area (W):
(Complete ALL fields)
Narrative Location Description:
West of Lots 16 & 17.
Drainage Management Area
(DMA) Number:
n/a
Drainage Area
Treated (acres):
12.6
Latitude: 35.241473-
Longitude:-120.671318°
4. Drainage Design
Criteria:
Design Storm Flow (cfs):
42
37,442 CF
(As applicable).
Design Storm Capacity (W):
S. Design Details
Width (ft2): 144
Slope (ft/ft):
n/a
(As applicable):
Depth (ft): 6.23
SCM Capacity/Volume W):
38.893 CF
Length (ft); 151
Surface Area ft?):
is this SCM []YES ® N
subsurface?
SCM Vegetated?
[)YES [' NO
Design Vegetation
Height (ft):
Does this SCM involve a
manufactured product?
[)YES GINO
6. Manufactured
Product Name:
n/a
Product
Specifications:
Manufacturer/Model Number:
n/a
(include manuals and
specifications)
Total Number Installed Onsite:
n/a
Estimated Product Life: n/a
7. Maintenance and
Inspection
Inspection Frequency:
❑ Pre -Rain ❑ Monthly ® Semi -Annually ❑ Annually
0 Monthly m Semi-Annua►i Y ❑Annually ❑Biennially
Frequency:
Maintenance
Frequency:
Page 0 of (D
Stormwater System Operations and Maintenance Plan Exhibit B
Form #SWP-1007 Revised 0610112024
EXHIBIT 2 Page 4 of 5
SWP-1008
10/01/2024
Private Stormwater System Plans and Manuals
Non -Vegetated Detention or Infiltration Feature Maintenance Information
Control
Assigned SCM#: 1
[Structural
Measure(SCM)SCM
Maintenance Details
Feature Type: ■ Detention Basin ■ Infiltration Feature/Basin
Ishis SCM secured with perimeter fencing?
Does the SCM utilize vegetation?
YES ❑ NO
❑ YES Q NO
Describe short-term maintenance requirements (frequency of replacement or inspection):
Inspect basin for trash, debris & sediment accumulations and remove as required. Mow
vegetation periodically t0 control height. Rodent control.
Estimated annual cost for maintenance:
$1000
Describe long-term maintenance requirements:
Remove sediment accumulated at the bottom of basin. Repair erosion or damage from
Rodents.
Contact information for local professional qualified to maintain or repair this SCM:
Landscaping or Grading Contractor
Additional notes:
Inspect pipe outfalls to basin/rip rap feilds and headwall outlet pipe for debris an erosion.
Repair as required.
976 OSOS STREET, ROOM 300 1 SAN LUIS OBISPO, CA 93408 1 (805) 781-5600 1 TTY/TR5 7-1-1
pIann1ng?co,slo.ca.us I www,slopianni�,�
EXHIBIT 2 Page 5 of 5
EXHIBIT "3"
LOT OWNERS' PRO RATA SHARES
TABLE #i
PRO RATA SHARE OF THE MAINTENANCE COSTS ATTRIBUTABLE TO
THE COMMON STORM DRAINAGE SYSTEM
LOT NUMBER
SQUARE FOOTAGE
PRO RATA SHARE
1
193,218
-3749 = 37.5%
2
116,483
.226o = 22.6%
3
11,330
.0219 = 2.19%
4
12432
.0235 = 2.35%
5
11,18o
.0217 = 2.17 %
6
13,996
.0271= 2.71%
7
12,051
.0233 = 2.33%
8
9,001
.0174 =1.74%
9
9s003
.0174 = 1.74%
10
9,004
.0174 =1.74%
11
9,003
.0174 =1.74%
12
%003
.0174 =1.74 %
13
9,002
.0174 =1.74%
14
91002
.0174 =1.74%
15
9,001
.0174 =1.74%
16
9,277
.0180 =1.8%
17
9,011
•0745 =1.75%
i8
9,o11
•0745 =1.75%
19
9,011
•0745 =1.75%
20
9,011
•0745 = 1.75%
21
92011
•0745 =1.75%
22
91011
•0745 =1.75%
23
9,592 1.0186
=1.86%
EXHIBIT 3 Page 1 of 8
EXHIBIT "3"
LOT OWNERS' PRO RATA SHARES
TABLE *2
PRO RATA SHARE OF THE MAINTENANCE COSTS ATTRIBUTABLE TO
THE RECIPROCAL ACCESS DRIVEWAYS.
Costs of maintenance of each Earthwood Lane Reciprocal Access Driveway shall
be shared equally by the Earthwood Lane Lots sharing that Earthwood Lane Reciprocal
Access Driveway.
LOT NUMBER
PRO RATA SHARE
3
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
4
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
6
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
7
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
8
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
9
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
10
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
11
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
12
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
EXHIBIT 3 Page 2 of 8
13
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
14
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
15
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
16
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
17
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
18
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
19
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
20
Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
21 Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
22 Shared Equally by Lots
sharing that Reciprocal
Access Driveway.
23 Shared Equally by Lots
sharing that Reciprocal
Access Driveway
EXHIBIT 3 Page 3 of 8
EXHIBIT "3"
LOT OWNERS' PRO RATA SHARES
TABLE #3
PRO RATA SHARE OF THE MAINTENANCE COSTS ATTRIBUTABLE TO
THE SEWER LIFT SYSTEM.
NUMBER
SQUARE FOOTAGE
PRO RATA SHARE
7LOT
3
11,330
.0550 = 5.5%
4
12,132
.o589 = 5.89%
5
1x,18o
•0543 = 5.43%
6
13,996
.o68o = 6.8%
7
12,051
.o586 = 5.86 %
8
9,001
•0437 = 4.37 %
9
9,003
•0437 =4.37%
10
9,004
•0437 =4.37%
11
9,003
•0437 = 4.37%
12
9,003
.0437 = 4.37%
13
9,002
•0437 = 4.37%
14
9,002
.0437 = 4.37%
15
9,001
•0437 = 4.37%
16
9,277
.0451= 4.51%
17
9,o11
.0438 = 4.38 %
18
9,011
.0438 = 4.38%
19
9,011
.0438 = 4.38%
20
9:011
.0438 = 4.38%
21
9,011
.0438 = 4.38%
22
9,ox1
.0438 = 4.38%
23
9,592
.0466 = 4.66%
EXHIBIT 3 Page 4 of 8
EXHIBIT "3"
LOT OWNERS' PRO RATA SHARES
TABLE #4
PRO RATA SHARE OF THE MAINTENANCE COSTS ATTRIBUTABLE TO
THE UTILITY SYSTEMS.
LOT NUMBER
SQUARE FOOTAGE
PRO RATA SHARE
1
193,218
.6238 = 62.38%
2
n6483
.3761= 37.61%
EXHIBIT 3 Page 5 of 8
EXHIBIT "3"
LOT OWNERS' PRO RATA SHARES
TABLE #5
PRO RATA SHARE OF THE MAINTENANCE COSTS ATTRIBUTABLE TO
LOT 2 PARKING
LOT NUMBER PRO RATA SHARE
2 1100%
EXHIBIT 3 Page 6 of 8
EXHIBIT "g"
LOT OWNERS' PRO RATA SHARES
TABLE #6
PRO RATA SHARE OF THE MAINTENANCE COSTS ATTRIBUTABLE TO
EARTHWOOD LANE ACCESS DRIVEWAY
r
OT NUMBER PRO RATA SHARE
1 75
2 �5%
EXHIBIT 3 Page 7 of 8
EXHIBIT "3"
LOT OWNERS' PRO RATA SHARES
TABLE #7
PRO RATA SHARE OF THE MAINTENANCE COSTS ATTRIBUTABLE TO
ACCESS DRIVEWAYS
LOT NUMBER
PRO RATA SHARE
1
50 0
2
50%
EXHIBIT 3 Page 8 of 8