HomeMy WebLinkAboutD-1564 053-257-023 - Lot 5, Vachell Tract - 184 Suburban Road Recorded 07/16/1998RECORDING REQUESTED BY:
Lucia Cleveland
WHEN RECORDED RETURN TO:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
Doc No: 1998 -043860
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Jul 16, 1998
Time: 08:39
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Rpt No: 00055957.
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COVENANT REGARDING DEDICATION OF VEHICULAR ACCESS
RIGHTS AND TEMPORARY VEHICULAR ACCESS TO TANK FARM
ROAD (184 SUBURBAN RD)
A.P.N. 053- 257 -023
WHEREAS, the undersigned owns certain real property commonly known as: 184 Suburban
Road, San Luis Obispo, California and further described as follows:
Lot 5 of that certain tract of land commonly known as the "Vachell Tract", as shown on the
map filed at the request of A.H. and G.E. Vachell on February 6, 1893 in Book 1, Page 4 of
Records of Surveys in the Office of the County Recorder, County of San Luis Obispo, State
of California, and
WHEREAS, the undersigned has received City approval for a development at the subject site
under ARC 177 -97, and
WHEREAS, Condition 3 of the above -said approval includes a requirement that vehicular
access be dedicated to the City to control vehicular access along the Tank Farm Road frontage of
the subject property, and
WHEREAS, Condition 4 of said approval provides for approval of a "temporary" access
driveway along the Tank Farm Road frontage of the property, if an easement for a driveway to
Short Street or Long Street is not obtainable through the adjacent westerly property, prior to
issuance of a building permit for said development, in accordance with the adopted circulation
pattern previously established by the County of San Luis Obispo Master Circulation Plan for this
area and by the City of San Luis Obispo, in consideration of Tract 2202 (TK Commercial Park).
The condition also requires "closure" of such temporary driveway and replacement with standard
frontage improvements (curb, gutter and sidewalk) by this property owner within 90 days of written
notice to the owner from the Director of Public Works if, and when, access rights are obtained
through the adjacent westerly property in the future. If development occurs on said adjacent
property that precludes such access, the temporary driveway would be deemed permanent.
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S.
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Covenant - Vehicular Access Rights and Temporary Driveway
('Tank Farm Rd. at 184 Suburban
Page 2
NOW THEREFORE, the owner hereby dedicates all vehicular access rights to the City of
San Luis Obispo along the Tank Farm Road frontage of the herein - describedproperty. .
In consideration for granting the right to construct a "temporary" access driveway along Tank Farm
Road, per approved project plans, the undersigned owner of the subject property hereby covenants
with the City of San Luis Obispo to install a curb median, per the approved project plans, without
cost to City. The said temporary driveway shall remain closed by locked gate or other means to
preclude left turn vehicular ingress and egress movements access until the curb median has been
installed, unless specifically authorized otherwise by the Director of Public Works.
The curb median shall only be installed in Tank Farm Road when adequate street right of way and
pavement are available on the opposite side of Tank Farm Road, as determined by the Director of
Public Works.
Installation of the curb median shall be guaranteed by a Letter of Credit or "assigned account" to
the satisfaction of the City Attorney and Director of Public Works, if not installed prior to issuance
of a building permit.
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this �_ day of �T 1998.
S H Investments LLC, a California Limited Liability Company
By: Lucia Cleveland
TRUSTEE ACKNOWLEDGEMENT
MSB Properties - Trustee of Deed of Trust 1996- 066205
By:'f.�. �V��Qces�deltt
(ATTACH APPROPRIATE NOTARY ACKNOWLEDGMENT)
DevRev \ ... \Suburban 184 - Access Covenant
State of California )ss
County of
On 7 �(- lqe before me, A , personally appeared
.� , personally known to me (or 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.
Witness my hand and official seal.
Notary's Signature
*- °' KAREN WOODLING
Comm. # 1129102 ''nn
v! NOTARY PUBLIC - CALIFORNIA VI
San Luis Obispo County
UW My Comm. Expires March 9, 2001 "�
_ , rte, • •
MID -STATE BANK
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
State of California
County of San Luis Obispo
On July 9,1998, before me, N. Marlene Weeks, Notary Public, personally appeared T. E. Reese,
® personally known to me -OR-
❑ proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is /are subscribed to the within instrument
N. CD MARLENE WEEKS
COft #1164620 c
NOTARY PUBLIC CALIFORNIA
SAN LUIS OBISPO COUNTY
F°H ` My Comm. Expires Dec. 7, 2001
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.
WITNESS my hand and official seal.
C%
N. Marlene eeks
Though the data below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
❑ Individual
® Corporate Officer
Title(s): Vice President
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/Conservator
❑ Other:
Absent Signer (Principal) is Representing:
N/A
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document:
Access Covenant Tank Farm /Suburban Rd.
Number of Pages: -2 -t'
Date of Document: July 6, 1998
Signer(s) Other Than Named Above:
Lucia Vleveland
S H Investments LLC
•
0
city of $An Luis OBISPO
990 Palm Street, San Luis Obispo, CA 93401 -3249
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by the Covenant
dated July 6, 1998 from S H Investments LLC a California Limited Liability
Company, to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby
accepted by the undersigned officer on behalf of the City Council pursuant to
authority conferred by Resolution No. 5370 (1984 Series) recorded June 15, 1984 in
Volume 2604, Official Records, Page 878, San Luis Obispo County, California and
the Grantee consents to recordation thereof by its duly authorized officer or his
agent.
Date: July 14, 1998
CITY OF SAN LUIS OB PO
Allen K. Settle, Mayor
By.
K p'CondaqActing City Clerk
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
Telecommunications Device for the Deaf (805) 781-7410.
END OF DOCUMENT