The URL can be used to link to this page

Home My WebLink AboutD-487 Deseret PlaceM Y6 COVENANT For and in consideration of the acceptance by the City of San Luis Obispo of their offer of dedication before completion of the street . known as Deseret Place, The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah corporation sole ( "Church "), and Obispo Land Company, a California corporation ( "Obispo "), hereby covenant with the City of San Luis Obispo, a muni- cipal corporation ( "City's), and with each other, as follows: 1. In the event any construction additional to present facilities is carried out either on the .land presently owned by the Church adjacent to Deseret Place or on the land presently owned by Obispo adjacent to Deseret Place, or on both, which, in the considered judgment of the City, will result in a sufficient increase in. pedestrian traffic on or along Deseret Place to necessitate the installation of a sidewalk along the westerly end and south side of said street, we jointly agree to install, within one hundred twenty days after receipt of written notice to do so, the requisite sidewalks pursuant to the then existing ordinances and other then applica- ble regulations of the City. 2. The Church and Obispo further agree that when sidewalks have been installed pursuant to Paragraph 1 above, they will individually or collectively convey, and the City agrees that it will accept, title to the land required for installation of the sidewalks to the City by quitclaim deed within ninety days following completion of proper sidewalk installation on the land contiguous to Deseret Place presently owned by the Church and Obispo. 3. The Church and Obispo agree with each other that, as between n themselves, each of them shall be responsible for sidewalk installation only with respect to the land each owns in fee at the time of installation, --4 cam; and not with respect to land the other owns. 4. This covenant shall run with the land hereinafter described and shall be binding upon the Church, Obispo and the City and their respective //Z7 W successors in interest and assigns. For informational purposes, reference is made to that certain Quitclaim Deed made by the Church and Obispo to the City and recorded contemporaneously herewith, which deed conveys that certain portion of Lot 39 of the California Park Subdivision known as Deseret Place to the City. This Covenant is for the benefit of that land set aside for street purposes known as Deseret Place and which is being conveyed contem- poraneously to the City. 5. The land affected by this covenant is that portion of Lots 39 and 40 of the California Park Subdivision of the City of San Luis Obispo, Calif- ornia, as per Map recorded in Book 2, p. 36 of Maps in the office of the County Recorder of the County of San Luis Obispo, California, which is designated by the cross - hatched area in the accompanying plat, the pro- visions of which are referred to and incorporated herein as though fully set forth at length. 6. No provision of this Covenant shall have any force or effect after the expiration of 50 years from the date of the first signature to this instrument. IN WITNESS WHEREOF, the Church and Obispo have caused their names to be subscribed to this Covenant on the date set next to the name. 09000CX 12 -2 1963 THE CORPORATION "i�zrFI' PRESIDING BISHQP..10k � l; CHURCH O JESPlis Sx''f7 'o LA AY SA II1T'TS •.; w` = - s - � 4Y, ;� 1G rrt tent October 2.4 1963 � OBISPO LAND CbMPANY rn n B Y Ernest Werbel Presi ent CO 1 �� Harry FT1ye r - Secretary STATE OF CALIFORNIA ) ss County of San Luis Obispo ) On October 24 , 1963, before me, the undersigned, A Notary Public in and for said County and State, personally appeared Ernest Werbel and Harry Fryer, known to me to be the President and Secretary, respectively, of the corporation that executed the within Instrument, and known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. I t i V STA.TE"OF' UTAH ) County of Salt Lake ) ss otary Public or the N e State of Ca t ornia with principal office in the County of San Luis Obispo. BERNITA SUE PERSAM My Commlulon Eupirm march 24, 190 On Coax -12 -2 , 1963, before me, Gary L. Schwendiman A Notary Public of the State of Utah, personally appeared John H. Vandenberg , known to me to be the incumbent of the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, the corporation sole that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of the corporation sole therein named, and acknowledged to me that such corporation sole executed the rn c� instrument. DO Signed and sealedEM6200� 12 -2 1963. co (Seal) 4 �ate..Q - to otary Pub or the with print' al office ,im:t1 elckwn±v. of Salt Lake. i' + 'gigg 5" CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Covenant from the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints, a Utah corporation sole, under date of December 12, 1963, and from Obispo Land Company, under date of October 24, 1963, to the City of San Luis Obispo, California, a municipal corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 549 (1959 Series) of the City Council of the City of San Luis Obispo adopted on May 18, 1959, a copy of which was recorded as Document No. 11827, in Volume 1002, p. 292, of Official Records of the County of San Luis Obispo, California, and the grantee consents to recordation thereof by its duly authorized officer. DATED: December, 1963 CITY OF SAN LUIS OBISPO Lo May-p, . -K - s _ 1.- <, Vii \r..•i'a�.. M C'] �.1 .9 4N7 N ma 511 32291 Document No .. ................... = . ........ � .AT .....SQ.MIN. PAST..!' .M. VO1�l.?7 e._ -,OAR. P.� � SAN LUIS OBISPO COUNTY, CAL. DEC 2 71963 74county Recorder B- --le-le4g,.e.:L t Deputy. Fee $ - -.-12P7 dexed CONMARED 47 a HAEDEL, CBOSSMAN & HAFERKAMP ATTORNEYS AT LAW PETER M. KARDEL - TELEPHONE BERNARD S. CROSSMAN 1 1 0 1 MARSH STREET 543-3913 HUGH J. HAFERKAMP SAN LUIS OBISPO, CALIFORNIA 93401 AREA CODE 605 CABLES LAW December 1.1, . 1963 Mr. Jean H. Fitzpatrick City Clerk City, of San Luis Obispo City Hall San Luis Obispo,. California Our File No. , 516 Dear Mr. Fitzpatrick: Enclosed herewith -are the duly executed documents which will carry out the arrangements made with. respect to Deseret Place between the City of San Luis Obispo and the Sierra Vista Hospital and Morman. Church. These arrangements are reflected -in the minutes of the regular meeting of the City Council on De- cember 3, 1962,. at -Page 7. We would appreciate it,. Mr. Fitzpatrick, if you could pro- cess these documents so that the matter could be placed on the agenda of the City Council Meeting on December 16, 1963. If there are any problems in connection with the documents, we would very much like to have the opportunity of dealing with the problems prior to the Council's meeting. - The basic agreement was that Deseret Place would .be con- veyed to the City to the extent that it was already developed ' ; with sidewalks. - To the extent that the street area was not so deeloped, a covenant was desired requiring installation of such sidewalks when the need arose together with conveyance at that time of the sidewalks to the City. Additionally, an easement was desired for drainage and one of the documents-will accomplish creation of the easement. Thank you very much for your cooperation in this matter. HJH: ch Enclosures Very truly yours, Hugh J. Hafer amp 497