HomeMy WebLinkAboutD-2017-F Covenant and Agreement to Install Public Improvements APN 002-402-0452017011583
Recording Requested by:
City of San Luis Obispo
Tommy Gong
San Luis Obispo — County Clerk —Recorder
03/15/2017 10:38 AM
Recorded at the request of:
When recorded return to: PUBLIC
City of San Luis Obispo Public Works Department Titles: i Pages: 4
Development Review Division Fees: $23.00
00
919 Palm Street Taxes: .0
Total: 2323.00
San Luis Obispo, CA 93401 'III W`FUPON'11
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COVENANT AND AGREEMENT TO INSTALL PUBLIC
IMPROVEMENTS UPON REQUEST OF CITY
WHEREAS, the undersigned owns certain real property commonly known as 570 Higuera
Street (APN 002-402-045), and legally described as Parcel 1 of Parcel Map SLAL 88-288 in the
City of San Luis Obispo, County of San Luis Obispo, State of California as shown on map recorded
December 21, 1990, in Book 47 of Parcel Maps at page 83 in the Office of the County Recorder of
said County and
WHEREAS, the existing sidewalk along a portion of the subject property has become
displaced and is now higher than the adjacent curb, and
WHEREAS, the California Streets and Highways Code and the City Municipal Code require
sidewalk frontage improvements to be kept in good condition by the property owner, and
WHEREAS, the undersigned has requested a temporary exception by the Public Works
Director from the requirement of replacing the displaced sidewalk provided that the undersigned
installs a durable cap on the adjacent curb so as to raise the curb to be flush with the adjacent
sidewalk, and
WHEREAS, the City has granted the undersigned's request, provided that the cap remains in
good condition.
NOW THEREFORE, in consideration of the granting of permission to temporarily defer
replacement of the displaced sidewalk:
1. The undersigned agrees to install said durable cap on the adjacent curb in conjunction
with Building Permit # BLDG-4911-2016 as shown on the approved plans on file at the
City for said building permit.
2. In the event the City notifies the undersigned that the cap is no longer viable, the
undersigned agrees to replace the curb, gutter, and displaced sidewalk with City Standard
Mission -Style curb, gutter and sidewalk.
3. The undersigned hereby covenants with the City of San Luis Obispo to install said curb,
gutter and sidewalk without cost to City upon 30 days written notice from the City
requesting that said improvements be installed.
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This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
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Dated this Z� day ofx��c�rzy , 2017.
OWNER:
SLO Creamery LLC,
a California limited liability company
Damien h4avis, Manager
Robin 1— Rossi, Manager
APPROVED:
A 4 d--
Matt Horn,City Engineer
City of San Luis Obispo
(Authorization — City of San Luis Obispo Municipal Code Section 12.16.050)
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 San Luis Obispo
before me, : \In Y����1�
ame ana I Me o� a urricer
On �.-'v /-,?-a t
Date
personally appeared,
who proved to me on the basis of satisfactory evidence to be the person* whose
name(s) i9/8% subscribed to the within instrument and acknowledged to me that
he/94@Ahey-executed the same in hisr authorized capacity(las), and that by
his/her/their signature( on the instrument the person(p), or the entity upon behalf of
which the person(e) 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
Signature
and official seal.
#DANIELLE N. FERGUSONCOMM. # 2080634NOTARY r11BLIC . CALRDRBIASAN LUIS OBISPO COUNTYomm. Exp. WV. 10, 2018
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 }
County of San Luis Obispo }
On r- 9-1 , before me,_1C� Vo v m , NO B�11
Date Name and Ige, of the unicer v
personally appeared, l 'l
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the personl;s4 whose
name(} Waft subscribed to the within instrument and acknowledged to me that
he/stelfty executed the same in his/hef#,&r authorized capacity(fes),' and that by
his/hefAheir signature(%) an the instrument the person*, or the entity upon behalf of
which the person(o acted, executed the instrument.
I certify under PENALTY OF PERJURY
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature _ - RV_ -
ignature of Notary Public
under the laws of the State of California that the
VICKEY FARLEY r
Commission # 2026488 [
Notary Public - California i
z ` San Luis Obispo County n
My Comm. Expires Jun 25, 2017
Place Notary Seal Above
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of San Luis Obispo
On March 13, 2017
before me, Diane Dostalek, Notary Public
(insert name and title of the officer)
personally appeared Matt Horn
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.
MIA
(Seal)
DlANE DOSTALEK
Commission * 2138341
Notary Public • California
San Luis Obispo County
_ My Comm. Expires Dec 25, 2019 t
END OF DOCUMENT