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Home My WebLink AboutD-924 299 Ramona Drive Recorded 04/01/1974RECORDING REQUESTED BY: CITY OF SAN LUIS OBISPO • P.O. Box 321 San Luis Obispo, CA 93406 WHEN RECORDED RETURN TO: DOC. TIO. � 1'245J OFFICIAL 'RECORDS SAN LUIS OBISPO CO., CAI4 9 o0271Q24*!_'1 AD 0000.00 ..RECR o6211a24r AODOOD.ODCA CITY CLERK'S OFFICE APR 2 419 74 CUPARED City of San Luis Obispo WILLIAM E. ZIM'ARIK P.O. Box 321 COUNTY. RECORDER Scm Luis Cjairspa; i i& %Y-011 TIM C �: � . /� • COVENANT FOR Tu IPORALRY ERECTION OF I:movEnmans UITHILl THE' PUBLIC RIGHT OF 9TAY FOP, AM II CONSIDEP.ATION of the issuance of a revocable permit to erect improvements T•rithin the public street ri -ht -of -way, said improvements consisting of- Two foot high concrete block retaining wall adjacent to six foot integral sidewalk the undersigned otmers of property hereinafter described Hereby covenant . with the City of San Luis Obispo to remove all of or any portion of said improvements T-71thout cost to said City upon thirty.(30) days xritten notice, which the City of San Luis Obispo may, from time to time, request. If the oT•mer does not remove the encroachment authorized herein T-Jhen requested by the City, City may proceed to require removal under its -nuisance abatement ordinance and to assess the cost of said removal against the real property described herein. Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described. as folloT7s; Portion Lot 24, Tract No.. 11. Assessor's Parcel No. 52- 142 -24 Known as:. 299 Ramona Drive This coveneant shall run vrith the land and shall be binding upon the undersigned owners their heirs, executors, administrators, and assigns: DATED this V.1371 day of 46@_A- M.H. Peteerrsso• • � lj M.E. Peterson STATE OF CALIFORNIA ) 7��}�[] y� Los AA-/G ELE 5 ) ss OnA44ReN 13� 1 R74L , before me, the undersigned, a notary Public in and for said County and State, personally appeared MAX 9, A--7C--951W °No � M-46'. PFTEiQSoN , knoi•m to me to be the person(s) =.-Tho executed the within instrument, and acknowledged to me that 7,yey executed the same. WITNESS my hand and official Seal. OPR1. q SEAL From , ARTHUR C. ROBER3 NOTARY PUBLIC -CALIF PRINCIPAL OFFICE IN b LDS ANGELES COUNTY rr oorr WIC4 E)Wu" Dq?-d ;VOA 1775 PAGE 4:31 • CERTIFICATE OF ACCEPTANCE. �•a�.s��srsasea THIS IS TO CERTIFY that the interest in real property conveyed by the COVENANT - dated March 13 19 74', from M. H. and-M.E. Peterson. 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. 549 (1959 Series), recorded May 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo County, California, and the Grantee consents'to recordation thereof by its duly authorized officer or his agent. Date: April 18, 1974 ATTEST: iM OF SAN LUIS OBISPO ,. -- 177rN Pin 4q? cry _RECORDING REQUEST�'BY TITLE INSURANCE AND TPUSZ"CO a WHEN RECORDED RETURN TO Ci i Y Al i ORNEY P. O. BOX 321 S K LUIS OBISPO, CA 93406 • DOU, NO. OFFICIAL RECORDS SAN LUIS OBISPO CO., MAY 13 19 74 WILLIAM E., ZIMARIK COUNTY RECORDER -nmE %., oSAM CARED. o 8 t.) 1 13 fir`! f `? nr "R`ESTRICTIVE COVENANT AFFECTING REAL PROPERTY MAY 1914 RNEY n �- WHEREAS, Covenantors desire approval by the -City of San Luis Obispo of a use permit for the construction without delay of a restaurant upon the hereinafter described parcels of real property; and WHEREAS, said City has no major objection to the said restaurant itself,but said City,seeks guarantees that future construction or development upon the remainder of said parcels will not be in conflict with restaurant activities; and WHEREAS, the covenants herein contained are designed to provide the City with sufficient controls over future construction and development to protect the public health, safety and welfare, thereby permitting the City to approve the requested use permit. NOW, THEREFORE, the undersigned owners and lienholders of the two hereinafter described parcels of contiguous real property within the City of San Luis Obispo do hereby covenant for them- selves, their heirs and assigns with the City of San Luis Obispo as follows: In compliance with a condition attached by said City JxA (covenantee) to the granting of Use Permit No. U -0441 for the 1Ab construction by said owners and lienholders (covenantors) of a commercial restaurant, driveway and parking lot upon said parcels of real property, and in consideration therefor, covenantors hereby agree that they will not construct any structures or improvements upon said property other than those authorized by said Use Permit No. U -0441, without first obtaining City approval therefor by an amendment to said Use Permit No. U -0441 or by a new and different Use Permit. ;VOL 1778 w Al' Said real property parcels are described as follows: PARCEL 1: Generally described as 1845 Monterey Street in the City of San Luis Obispo, County of San Luis Obispo, and more particularly described as follows: That portion of the Southeast quarter of the North-east quarter of Section 26, Township 30 South, Range 12 East, Mount Diablo Meridian,in the City of San Luis'Obispo, County of San Luis Obispo, State of California, according to the Official Plat of said land described as follows: Beginning at a stake in the Southeast line of Monterey Street, North 41 1/2° East, 182.28 feet from the East corner of Monterey and Andrews Streets and running thence on the Southeast Tine of Monterey Street North 41 1/2° East 91.14 feet; Thence South 63 3/4° East, 480.19 feet to the center of San Luis Obispo Creek; Thence South 42 1/2° West, 26.62 feet; Thence South 41 1/4° West, 64.98.feet; Thence North 63 1/4° West, 477.84 feet to the point of beginning. PARCEL 2.: Generally described as 1865 Monterey Street in the City of San Luis Obispo, County of :'San Luis Obispo, and more particularly described as follows: That portion of the Southeast.quarter of the Northeast quarter of Section 26, Township 30 South, kange 12 East., Mount Diablo Meridian, in the City -of San Luis Obispo, County of San Luis Obispo, State of California, according to the official plat or plats of the survey of said lands returned to the General Land Office by.the Surveyor General, described as follows: Beginning at a stake in the Southeast line of Monterey Street, distant North 41 1/2° East, 273.42 feet from the East corner of Monterey and Andrews Streets, as said streets were located October 19, 1921, said point being the most Northerly corner of the property conveyed to Benjamin F. Loveall and wife, by deed dated October 19, 1921, and recorded in Book '148, Page 3,12 of Deeds, records of said County; thence North 4.1 1/2° East along said Southeasterly line 91.14 feet to the most Westerly corner of the property conveyed to Clara Olgiati by deed dated March 24, 1921, and recorded in Book 144, Page 262 of Deeds, records of said County; thence South 63 1/4° East along the Southwesterly line of the property so conveyed 472.56 feet to the center of San Luis Creek; thence along said center line South 36 1/2° West 85.14 feet and South 42 1/2° West, 4.4 feet 'to the most Easterly corner of the property conveyed to Benjamin F. Loveall and wife, as aforesaid; thence North 63 1/4° West along the Northeasterly line of the property so conveyed 480.19 feet to the point of beginning. - 2 - -AOL 1778 PAGE 4h TO 447 C t (Individual) O STATE OF CALIFORNIA - COUNTY OF SAN LUIS OBISPO } SS. On April 30, 1974 . before me the undersigned, a Notary Public in and for said . State, personally appeared RUDOLPH A.°�ELE , ROBERT BINKELE. LINDA FINK L BINKELE, BERNADINE BINKELE, and RUDOLPH W = ZINKELE . W known to me to be the person S whose name are subscribed R�� m to the within instrument and acknowledged that they Eleeeeen: see¢ eeeeeeeeesaeeneeeeee stiemeeee:ee :eeetaeaee® IPA executed the same. > r ` SUSM4 L. ANDREWS WITNESS an d official seal. ?= _ r NOTARY YUBt.IC CAL�'ORt!A =yand Pi:1N:' ;PAL OFFICE IN Signatur UiS Gii::iP SAN L O COUNTY SUSAN L. ANDREWS Name (Typed or Printed) My COmmISsien Expires September 14, 1975 �eemweoueecneceeneeeeaeeeeeeceueeeeeeeiasenneA ;VOL 17.78 PAGE 41.16 (This area for official notarial -seal) 10 This covenant shall run with the land and shall inure to the benefit of the City of San Luis Obispo and shall be cancelled and considered of no further force or, effect upon the recording by said City of San Luis Obispo of a Notice of Release of said covenant. A copy of Use Permit No. U -0441 is attached hereto, marked Exhibit "A", and thereby incorporated herein. 1__" Dated.: er - Covenantor Approved as to form: O aner - Covenantor Subscribed and swo to r before me this n; day of Notary Public Owner Cov ant s Owner - Covenantor Owner - C enantor Sin LUIS' OB15Po DMI0106 BERK P.O. BOX 1119 LiJlS PO, CAllf. 93406 len o e - Covehantor Lienholder - Covenantor W minme u�euat�w�netoo�xu�wx�noegeoceexxxt� SUSAN L. ANDREWS NOTARY PUBLIC — CALIFORNIA PR1NCiPAL OFFICE IN y SAN LUIS OB:SPO COUNTY My Commission Expires September 14, 1975 auxuxnnns�uswsonsumcse�eunusoro�wm0 - 3 - .,VOL 178 FAE 415