HomeMy WebLinkAboutD-2170 Declaration of Restrictive Covenant - MI San Luis RanchRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obi:
Attn: City Clerk
990 Palm Street
San Luis Obispo, CA
RECEIVED
O C T 2 8 2020
CrTY CLERK
NO RECORDING FEE — PUBLIC
AGENCY — Government Code § 27383
APN: 4953 - 153 - 001
2020050247
Tommy Gong
San Luis Obispo - County Clerk -Recorder
09/15/2020 12:20 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 4
Fees: $0.00
Taxes: 0.00
Total: 0.00
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DECLARATION OF RESTRICTIVE COVENANT
THIS DECLARATION OF RESTRICTIVE COVENANT ("Covenant") is executed
by MI San Luis Ranch, LLC, a Delaware Limited Liability Company ("Declarant"), this J5-,P
day of 5 V-, 2020, in favor of the City Of San Luis Obispo, a municipal corporation
("City"), located in the County of San Luis Obispo, State of California;
WHEREAS, Declarant owns real property ("Property") in the City of San Luis Obispo,
County of San Luis Obispo, State of California, more specifically described in Exhibit "A",
which exhibit is attached hereto and incorporated herein by this reference; and
WHEREAS, the Property is improved with a legal nonconforming outdoor advertising
display sign (the "Billboard"); and
WHEREAS, at the time of approval of Final Tract Map Number 3096 (the "Subdivision
Map"), the City required that, for a period of twenty (20) years, no new improvements be
installed on the Property except as permitted by the City's legal nonconforming structure
ordinances as reflected in Municipal Code Chapters 15.40, 17.92, and 17.94; and
WHEREAS, in the event that the Property or a portion thereof is ever required for future
ramps associated with the expansion of the adjacent 101 Freeway undertaken by CalTrans, the
Property shall be offered for dedication to CalTrans in its then current condition.
NOW, THEREFORE, Declarant covenants and agrees with the City as follows:
1. Declarant agrees that it shall not install any improvements on the Property except as
permitted under the City's nonconforming structure ordinances, including Municipal
Code Chapters 15.40, 17.92, and 17.94 or as otherwise approved by the City.
2. In the event that the Property, or a portion thereof, is required for the construction of
future ramps related to the adjacent 101 Freeway, Declarant shall offer the Property or
necessary portion thereof to the City or CalTrans, as directed by the City, in its then
current condition.
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3. This Covenant shall be recorded in the Office of the Recorder of San Luis Obispo
County, California and shall constitute notice to all successors and assigns of the title to
Property of the obligation herein set forth.
4. The obligations herein undertaken by Declarant shall be deemed to be covenants running
with Property and shall be binding upon the heirs, successors, executors, administrators
and assigns of Declarant. The term "Declarant" shall include not only the present
Declarant, but also Declarant's heirs, successors, executors, administrators, and assigns.
5. This Covenant shall terminate twenty (20) years following its recording in the office of
the Office of the Recorder of San Luis Obispo County, California.
IN WITNESS THEREOF, Declarant has executed this Covenant as of the date first written
above.
Declarant:
MI SAN LUIS RANCH, LLC,
a Delaware limited liabilityt
company
By:0
Donald R. Faye
Its: Authorized Agent
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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 )
ss:
COUNTY OFi, 1 d )
On 2020 before me,ire
Notary Public (insert name and title of the officer),
personally appeared �d��%L ! _ , 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 and official seal.
Signature: `
Cj
JANINE FREI
NotaryPublic- California
[Seal]' San Diego County
Commission x 2205527
My Comm. Expires Jul 16, 2021
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EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lot 3 10 of Tract 3096 recorded on S"ykrnbWr 14 2 in Book 40 of Maps,
Pages l7 through' j, inclusive, in the office of the County Recorder of the County of San Luis
Obispo, State of California. ❑oojyoevL� rrio . Z6zo 0+- 5+1..
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END OF DOCUMENT