HomeMy WebLinkAboutD-1517 Dalideo Drive Constuction Easement For San Luis Marketplace 053-012-006 Recorded 05/01/2000Doc No. 2000-023506 Rpt No: 00031446
Recording Requested by: i Official Records : RF —1 16.00
San Luis Obispo Co. ,
MBK Southern Calif., LTD Julie L. Rodewa l d ;
When recorded return to: Recorder '
May 01, 2000 ;
City of San Luis Obispo Time: 10:47 '
City Clerk
I A
990 Palm Street [ __ 4 j ;TOTAL 16.00
San Luis Obispo, CA 93401 -- - - - --
APN'S: 053- 012 -006, 007, 009, 010
AGREEMENT AFFECTING REAL PROPERTY - COVENANT AND
TEMPORARY CONSTRUCTION EASEMENT TO ACCOMMODATE FUTURE
DRIVEWAY AND PARKING LOT MODIFICATIONS .
Re: Lots 9 and 10 of Tract No. 1268, in the City of San Luis Obispo, in the County of San Luis
Obispo, State of California, according to Map filed for record August 27, 1986 in Book 13, Page 46 of
Maps, in the office of the County Recorder of said County.
WHEREAS, the undersigned owns certain real property commonly known as SLO Promenade,
formerly known.as Central Coast Mall, and
WHEREAS, an amendment to Planned Development No. 87 -99 was approved by the City
Council on September 7, 1999 to allow redevelopment of the shopping mall on said property, and
WHEREAS, said approval includes a condition (Mitigation Measure No. 4) that requires an
agreement with the City of San Luis Obispo which would allow for partial realignment and
reconstruction of the northerly driveway serving the shopping center complex (between Dalidio Drive
and El Mercado) to provide a four -way intersection at Dalidio Drive.
NOW THEREFORE, the undersigned hereby agrees to the following, and as prescribed in the
afore - stated Mitigation Measure No. 4:
"To insure that circulation options are planned for in the event that the Dalidio property is
developed with the San Luis Marketplace project, the applicant shall execute an
agreement, subject to the approval of all other parties having an interest in the property,
with the City, to dedicate a temporary construction easement that will allow the developer
of the San Luis Marketplace to reconstruct the driveway at the time of development of the
San Luis Marketplace. In the event the applicant is unable to obtain the necessary
approvals of all other parties having an interest in the property, City may consider whether
to use its power of eminent domain to obtain a temporary construction easement pursuant
to the Subdivision Map Act (Government Code Section 66462.5) . "
Di,5-/7
Agreement Affecting Real Property — SLO Pro_ menade
Page Two
Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of
California, and is described as follows:
Lots 9 and 10 of Tract No. 1268, in the City of San Luis Obispo, in the County of San Luis
Obispo, State of California, according to Map filed for record August 27, 1986 in Book 13, Page 46 of
Maps, in the office of the County Recorder of said County.
This covenant shall run with the land and shall be binding upon the undersigned owner, its
heirs, executors, administrators, and assigns.
�s
Dated this 6 day of A.,g e- , 2000.
Applicant/Developer:
MBK SOUTHERN CALIFORNIA LTD.,
a California limited partnership
By: MBK Southern California, Inc.,
a California corporation,
general partner
By:
Trachman
President
BY: lvft--�
Michael H. Voss
Chairman of the Board
(Appropriate Notary Acknowledgments attached)
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF lzsAvagigal )
•
On6r1 6 ` (o , zocn before me e a Notary Public in and
for the State of California, personally appearedseually
kfiav,% te, me-(car proved--to'me on the basis -of satisfa tory evidence) to be the personvj whose,
name]' [is/� subscribed to the within instrument and acknowledged to me that [he /s he}]
executed the same in [his4ws4heir] authorized [capacity /w aekies+, and that by [his4wA4heir]
signature on the instrument the person[s], or the entity upon behalf of which the person[rv'f
acted, executed the instrument.
WITNESS my hand and official seal.
(Signature)
MARIE KELLY
Comm. # 1141867 N
NOTARY PUBLIC • CALIFORNIA ..
\ Los Angeles County
/ My Comm. Expires June 13, 2001
(Space above for official
notarial seal)
r :T
0
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF )
t
On before me NWcI /c /% Fa/-f' , a Notary Public in and
for the State of California, personally appeared -iii chA el /-/. i/o s s - , personally
known to me (°} �� ^�.P,� *^ ^•° ^^ *� °'" °�° ^r �' °r'' ^) to:beithe personDQ whose,
nameV] subscribed to the within, instrument and acknowledged to me thatih�/t .]
executed the same in his @ tb&l authorized [capacity /s paokie& and that by lu�/x cr]
signature[,] on the instrument the personFA, or the entity upon behalf of which the person[,]
acted, executed the instrument.
WITNESS my hand and official seal.
WIF
(Space above for official
notarial seal)
END OF DOCUMENT