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Home My WebLink AboutD-2017-AE Covenant to Install Public Improvements APNs 001-121-037, -033Recording Requested by: Gregory S. MacDonell i 2017025503 Tommy Gong San Luis Obispo - County Clerk -Recorder When recorded return to: 06 / 12 / 2017 11 : 00 AM City San Luis Obispo CONFORMED COPY Community Development Department Development Review Division Copy of document recorded. 919 Palm Street Has not been compared with original. San Luis Obispo, CA 93401 COVENANT TO INSTALL PUBLIC IMPROVEMENTS UPON REQUEST OF CITY Assessor's Parcel Numbers: 001-121-037 and 001-121-033 WHEREAS, the undersigned owns certain; real property located in the City of San Luis Obispo, County of San Luis Obispo, State of California commonly known as 570 Ellen Way and legally described as follows: Parcel l: See Exhibit A-1, attached hereto, for legal description and Exhibit A-2, attached hereto, for graphical depiction. Parcel 2: See Exhibit B-1, attached hereto, for legal description and Exhibit B-2, attached hereto, for graphical depiction. WHEREAS, the undersigned have requested and been granted a temporary exception by the Public Works Director from the requirement of installing certain public improvements on said property conditioned upon execution of a covenant by the property owner agreeing to install said improvements at such time in the future as the city may request same. NOW THEREFORE, in consideration of the granting of permission to temporarily defer installation of certain public improvements consisting of installation of sidewalk along the entire Ellen Way frontage of said Parcels 1 and 2, upgrade of the existing drive approach on said Parcel 2 to current ADA and City standards, installation of a new City standard drive approach serving said Parcel 1, and compensatory tree plantings if necessary, the undersigned owner(s) hereby covenant with the City of San Luis Obispo to install all of said public improvements without cost to City upon 30 days written notice from the City of San Luis Obispo requesting that said improvements be installed. This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this T' t day of & 4c U !.,', 2015. , Owner(s): 4e mg acD ne Jennifer MacDonell APPROVED: �L� 14 Aft Mio !r Y\ , 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 C, of-1 c f c before me, —A5,aJ I W POU,C- Dale e ana I Me 51.1he War �( i�7 , f1 c N' f LL- personally appeared, � � A , j �rr)'`' ij�,4- � - � ��j �zLc-- omo _ innodc who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) fs/are subscribed to the within instrument and acknowledged to me that.qe/slae/they executed the same in his/her/their authorized capacity(ies), and that by hisAier/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. P.YEADON WITNESS my hand and official seal. commission # 1955878 =a� Notary Public - California n Z z #"' Santa Clara:County Signature M Comm. Expires Nov 6, 2015 Signature at o ry Putilic Place Notary Seal Above 1 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 i ,before me, f �.l]! ___Q4S�, L C- K , CVO f 0 e y Date Name am I Me of the cierr personally appeared, �/Y A- H 6 9 A/ Na me ofSigne 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(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. DIANE DOSTALEK WITNESS my hand and official seal. Commission # 2138341 ~� Notary Public - California i j� San Luis Obispo County Signature ` 11 4 Comm. E>e ires Dec 25, 2019 -:)QrratureorNotarytuMc Place Notary Seal Above EXHIBIT A-1 Legal Description Parcel 1 The land referred to herein below is situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: That portion of Block 7 of Hathaway's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in book a, page 130 of maps, in the office of the County Recorder of said County, described as follows: Beginning at the northeasterly corner of said Block 7; thence along the northerly line of said Block 7, West 191 feet to the easterly line of Ellen Way, as shown on a map filed in Book 2, Page 57 of Record of Surveys in the office of the County Recorder of said County. thence along said easterly line, South 142.05 feet to the beginning of a non -tangent curve, concave westerly, having a radius of 37.50 feet, a radial line of said curve to its beginning bears north 410 58' 40" east; thence southerly along said curve through a central angle of 480 11' 20", an arc distance of 31.54 feet to the southwesterly corner of the land described in the deed to Robert W. Osborne and wife, recorded August 11, 1941 in Book 300, Page 405 of Official Records, said southwesterly corner being the true point of beginning; thence continuing along said curve, southwesterly through a central angle of 900, an arc distance of 58.9 feet; thence South 00 10' West, 49.25 feet to the northerly line of the land described in the deed to Mary C. Morss, dated September 2, 1895 and recorded in Book 27, page 170 of Deeds, in the office of the County Recorder of said County; thence southeasterly in a direct line to the most westerly corner of the land described in the deed to the State of California, recorded October 28, 1949 in Book 539, page 355 of Official Records, in the office of the County Recorder of said County; thence along the northeasterly line of the land described in said deed to the State of California, north 460 23' 30" east, 108.99 feet to the easterly line of the land described in the deed to Joseph G. Middleton and wife, recorded January 26, 1945 as Instrument No. 595, page 222 of Official Records; thence along the easterly line of the land described in said deed to Middleton, North 00 10' East to the southeasterly corner of the land described in said deed to Robert W. Osborne; thence along the southerly line of said land of Osborne, North 890 50' West, 73.5 feet to the true point of beginning. TOGETHER WITH that portion of Block 7 of Hathaway's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, State of California, as per map filed in Book a, page 130 of Maps in the office of the County Recorder of said County of the parcel of land conveyed to the State of California by deed recorded February 9, 1949 in Volume 503, Page 208 of Official Records of said County, described as follows: Beginning at the southwesterly terminus of course number (3) called in the Final Order of Condemnation, recorded December 31, 1957 in Volume 922 of Official Records at page 216, records of County of San Luis Obispo; thence (1) South 570 25' 35" West, 54.78 feet; thence (2) South 46154' 30" West, 51.37 feet to an intersection with the westerly line of said parcel of land; thence (3) along last said line North 000 41' 00 East, 65.58 feet to the northwesterly corner of said parcel of land; thence (4) along the northerly line of said parcel South 091 19' 00" East, 82.90 feet to the point of beginning. Excepting therefrom that portion lying southerly and southwesterly of the following described line: Commencing at the centerline monument at the southeasterly end of Ellen Way at the center of a cul-de-sac; thence South 89°50'00" East, 37.50 feet to a point on the easterly right-of-way line of Ellen Way being a point on a non -tangent curve concave northwesterly having a radius of 37.50 feet, a radial line to said curve bears N89150'00'W; thence southwesterly along said right-of-way line and said curve through a central angle of 45002'58", an arc distance of 29.48 feet to the true point of beginning; thence 1. South 71001'55" East, 30.14 feet; thence 2. South 55002'40" East, 57.55 feet, more or less, to a point on the northwesterly right-of-way line on U. S. Highway 101. The above -described parcel contains 6180 square feet, more or less. The above -described parcel is graphically shown on Exhibit A-2 attached hereto and made a part hereof. c_� c �+ 0 * LIK. INO. 5702, yr L 9 Michael B. Stanton, P.L.S. 5702 Date EXHIBIT "A_L I D1 = BOOK 564, PAGE 173 OF OFFICIAL RECORDS CENTERLINE MONUMENT AT INTERSECTION WITH MONTALBAN STREET 011 b CENTERLINE MONUMENT POINT OF COMMENCEMENT �0 V5P Q PARCEL 1 t� 6181 f SF 555-02'40„E -t� „� 5.7.55, +/ 55 �C7 LJ7 TRUE POINT OF BEGINNING PARCEL 2 lf�c� Apo 6427t SF LIC. NO. 5702 .Q' OF- C AL,FO�� Q/ a LOT SLO V GRAPHIC SCALE LINE ADJUSTMENT 0 15 30 60 AL 14-0079 ( IN FEET ) MICHAEL B. STANTON, PLS 5702 1 inch = 30 ft. 3563 SUELDO ST. UNIT Q Im m—'jSAN LUIS OBISPO, CA 93401 • 805-594— 1 960 October 1, 2015 JOB #14-144 EXHIBIT B-1 Legal Description Parcel 2 The land referred to herein below is situated in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: That portion of Block 7 of Hathaway's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in book a, page 130 of maps, in the office of the County Recorder of said County, described as follows: Beginning at the northeasterly corner of said Block 7; thence along the northerly line of said Block 7, West 191 feet to the easterly line of Ellen Way, as shown on a map filed in Book 2, Page 57 of Record of Surveys in the office of the County Recorder of said County. thence along said easterly line, South 142.05 feet to the beginning of a non -tangent curve, concave westerly, having a radius of 37.50 feet, a radial line of said curve to its beginning bears north 410 58' 40" east; thence southerly along said curve through a central angle of 480 11' 20", an arc distance of 31.54 feet to the southwesterly corner of the land described in the deed to Robert W. Osborne and wife, recorded August 11, 1941 in Book 300, Page 405 of Official Records, said southwesterly corner being the true point of beginning; thence continuing along said curve, southwesterly through a central angle of 900, an arc distance of 58.9 feet; thence South 00 10' West, 49.25 feet to the northerly line of the land described in the deed to Mary C. Morss, dated September 2, 1895 and recorded in Book 27, page 170 of Deeds, in the office of the County Recorder of said County; thence southeasterly in a direct line to the most westerly corner of the land described in the deed to the State of California, recorded October 28, 1949 in Book 539, page 355 of Official Records, in the office of the County Recorder of said County; thence along the northeasterly line of the land described in said deed to the State of California, north 46° 23' 30" east, 108.99 feet to the easterly line of the land described in the deed to Joseph G. Middleton and wife, recorded January 26, 1945 as Instrument No. 595, page 222 of Official Records; thence along the easterly line of the land described in said deed to Middleton, North 00 10' East to the southeasterly corner of the land described in said deed to Robert W. Osborne; thence along the southerly line of said land of Osborne, North 890 50' West, 73.5 feet to the true point of beginning. Excepting therefrom that portion lying northerly and northeasterly of the following described line: Commencing at the centerline monument at the southeasterly end of Ellen Way at the center of a cul-de-sac; thence South 89050'00" East, 37.50 feet to a point on the easterly right-of-way line of Ellen Way being a point on a non -tangent curve concave northwesterly having a radius of 37.50 feet, a radial line to said curve bears N89050'00'W; thence southwesterly along said right-of-way line and said curve through a central angle of 45102'58", an arc distance of 29.48 feet to the true point of beginning; thence 1. South 71101'55" East, 30.14 feet; thence 2. South 5500240" East, 57.55 feet, more or less, to a point on the northwesterly right-of-way line on U. S. Highway 101. The above -described parcel contains 6426 square feet, more or less. The above -described parcel is graphically shown on Exhibit B-2 attached hereto and made a part hereof. * L;= %tC. 57u�-� *� 9120 Oe (� AV17 Michael B. Stanton, P.L.S. 5702 Date EXHIBIT "B-2" D 1 = BOOK 564, PAGE 173 OF OFFICIAL RECORDS Lt CENTERLINE MONUMENT AT INTERSECTION WITH MONTALBAN STREET so, 0Al �oQ �. Ck CENTERLINE Gj MONUMENT ` (f POINT COMMENCEMENT !05 v S+o\ z �f02 * C C r 0/6 0 PARCEL 1 s T- 6191t 5F 555 02 40"E -r� 57.55 +ON C) (C7 LIB z TRUE POINT OF BEGINNING .0. i PARCEL 2 6427# SF Y GRAPHIC SCALE LOT LINE ADJUSTMENT 30 ° 15 i° 60 S LO AL 14-0079 ( IN FEET ) [W[� MICHAEL B. STANTON,PLS 5702 inch = 30 ft. 3563 SUELD❑ ST. UNIT Q SAN LUIS OBISPO, CA 93401 805-594-1960 September 25, 2015 JOB #14-144