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HomeMy WebLinkAboutD-2015-AP Covenant to Install Public Improvements APN 003-752-008,RECORDING REQUESTED BY: TOMMY GONG RT FIRF A-N • fZ AN TITLE COMPANY San Luis Obispo County-Clerk/Recorder 11/20/2015 Recording Requested by: SLO Property Group LLC Recorded at the request of 8:16 AM First American Title Company When recorded return to: City of San Luis Obispo Public Development Review Division 919 Palm Street San Luis Obispo, CA 93401 -If 22 -0-1 Q�-1-L=_ Works Department Doc#: 2015059159 COVENANT TO INSTALL PUBLIC IMPROVEMENTS UPON REQUEST OF CITY Titles: 2 Pages: 15 Fees 70.00 Taxes 0.00 Others 0.00 PAID $70.00 WHEREAS, the undersigned own certain real property described as Parcel 2 of Parcel Map SLO 13-0022 in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on map recorded in Book 70 of Parcel Maps Pages 3 % to t4Q in the office of the County Recorder of said County. 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: Removing existing sidewalk along the High Street frontage of said Parcel 2 and replacing with City Standard Railroad District sidewalk pursuant to Condition #15 of Director's Resolution No. 13-05 approving said Parcel Map. The undersigned owner(s) of property hereinafter described hereby covenant with the City of San Luis Obispo to install all of said public improvements without cost to City upon 30 days of the City Council or Planning Commission requesting that said improvements be installed. Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: 1. Parcel 2 of Parcel Map SLO 13-0022 in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on map recorded in Book .7 6 of Parcel Maps Pages -3-7 to in the office of the County Recorder of said County 2. Assessor's Parcel Number: 003-752-008 3. Commonly known as: 2034 Santa Barbara Avenue 770\`��- —)(�F 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 Owner(s): SLO Property Group, LLC a California Limited Liability Company By: 45 Name: Title: Manager Patrick B. Clemens Michael Clemens Atkinson Family Trust UTD February 11, 1991 By: David R. Atkinson, Trustee 2015. Garden Street Station LLC, a California Limited Liability Company an Robin L. Rossi, Manager Joy Clemens Virginia Clemens By: Cathy Atkinson, Trustee APPROVED: Barbara41,nc y>Enneer City of San Luis Obispo (Authorization — City of San Luis Obispo Municipal Code Section 12.16.050) All signatures must be notarized. 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 Owner(s): SLO Property Group, LLC a California Limited Liability Company By: _ Name: Title: Manager Patrick B. Clemens Michael Clemens Atkinson Family Trust UTD February 11, 1991 By. (0 1Z / I Ir David R. Atkinson, Trustee APPROVED: 2015. Garden Street Station LLC, a California Limited Liability Company Robin L. Rossi, Manager Joy Clemens Virginia Clemens By: Cathy Atkinso , Trustee Barbara Lynch, City Engineer City of San Luis Obispo (Authorization — City of San Luis Obispo Municipal Code Section 12.16.050) All signatures must be notarized. 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 , 2015. Owner(s): SLO Property Group, LLC Garden Street Station LLC, a California Limited Liability Company a Califo is Limited Liability Company By: By:._ Name: Robin L. Rossi, Manager Title: Manager Patrick B. Clemens Joy Clemens 1 tG Llc. Michael Clemens Atkinson Family Trust UTD February 11, 1991 By: David R. Atkinson, Trustee APPROVED: Virg' Clemens By: Cathy Atkinson, Trustee Barbara Lynch, City Engineer City of San Luis Obispo (Authorization — City of San Luis Obispo Municipal Code Section 12.16.050) All signatures must be notarized. 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 Si4fipm 69K., 2015. Owner(s): SLO Property Group, LLC a California Limited Liability Company By: _ Name: Title: Manager Patrick B. Clemens aka Pgr-rok Btn CI eo%ery Michael Clemens Atkinson Family Trust UTD February 11, 1991 By: David R. Atkinson, Trustee APPROVED: Garden Street Station LLC, a California Limited Liability Company Robin L. Rossi, Manager ;t ns a Kvi Joy Strgh d beri C l erhths Virginia Clemens By: Cathy Atkinson, Trustee Barbara Lynch, City Engineer City of San Luis Obispo (Authorization — City of San Luis Obispo Municipal Code Section 12.16.050) All signatures must be notarized. )F TRUST DEED BENEFICLkRY NOTICE: THTS,,CONSENT AND SUBORDINATION OF TRUST EED BENEFICIARY RESULTS IN YO SECURITY INTEREST IN THE PROPERT BECOMING SUB E TO THE AGREEMENT OF THE FO OING INSTRUMENT The undersigned, beneficiary der that certain deed o st and assignment of rents recorded on June 22, 2007, as Document No. 07-042212, in Of Records of the County of San Luis Obispo, does hereby join in, and cons t to, ea and all of the terms and provisions of the within instrument, and does hereby subordinate i � crests to the entire effect of this instrument. Dated: Standard Insurance an Oregon Corpora By: Nat 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 ��� Q4rlA� County of San 0011� Qb sp 4. l> C�� /IOn before me, & wiA b o 1�` l (/ to / �' h n name an itle o e icer personally appeared, tT— ftn �'r 1� 1 ame a finer s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that ftefs4e/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. CARMEN l6"fi"'sA0A WITNESS my hand and official seal. Commission # 20' 51&35 z t' Notary Public - California x Santa Barbara County My Comm. Exnirr:s Jan ", 2018 f Signature fine urea ary PubTr Place Notary Seal Above DEED NOTICE: TP S CONSENT AND SUBORDINATION OF TRU§ DEED BENEFICIARY RESULTS IN Y R SECURITY INTEREST IN THE PROPERTY BECOMING SUBK TO THE AGREEMENT OF THE FO -GOING INSTRUMENT The undersigned, beneficiar ender that certain deed o ' rust and assignment of rents recorded on June 22, 2007, as Document N . 007-042212, in e Official Records of the County of San Luis Obispo, does hereby join in, and co ent to, a and all of the terms and provisions of the within instrument, and does hereby subordinat ' ' terests to the entire effect of this instrument. Dated: Standard Insurance an Oregon Corpora 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 sfft 9jL7 aQ 15 ,before me,�_(Y-W FO1'�- u , O utgN R)b,L', ate a e af-A i d ie oT 1 Re [oer personally appeared, Q_ OL Ftkiff1 Name of siloneins who proved to me on the basis of satisfactory evidence to be the person(* -whose name(* Islam - subscribed to the within instrument and acknowledged to me that he/shelthe~y executed the same in his/heF0h it authorized capacity{+eel, and that by his/hefAheir signature* on the instrument the person(&), or the entity upon behalf of which the person} 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. WITNESS my hand and official seal. Signature _Z�*_f— griafii or rJof5ry PUJUTlC Place Notary Seal Above VICKEY FAA -LEY Commission M 2026408 'ar Notary Public - California San Luis Obispo County M Comm. x 'r u 2 t T CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 `f4/1TQ goLr6 On OC _ f o ikl- 2 015 before me, ���� I�sLJJ ��sz/?f 44 0, Date 1- Here Insert Name and Title of the c'eer personally appeared �� r� � _k i 4JOA_ Ct6d Name(s) of Signer(s) , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-//are subscribed to the within instrument and acknowledged to me that ♦ aAahe they executed the same in I1i&�fterltheir authorized capacity(ies), and that by erltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I f;ffiKATHLEEN KERSTIENS Commission # 2108279 a �m Notary f ublic - California x z Santa Barbara County r My Comm. Expires May 21, 2019 Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature _ Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 A Notary Public or other ojicer 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. -: t IC.LMC` State of-G@Werfia } County of - On . 2 , - , before me, 1 1/� , - r &OkCh Sew, U �e �� � I� Lam y- personally appeared, �S who proved to me on the basis of satisfactory evidence to be the person(( whose name(* islaapl subscribed to the within instrument and acknowledged to me that helsielthey executed the same in hislherAheir authorized capacity(ies); and that by his/herAheir signature(s). on the instrument the person(s),..or the entity upon behalf of which the person(�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. WITNESS my hand and official seal. 144$ OFFICIAL SEAL SIERRA KERNER NOTARY PUBLIC - INDIANI MARION COUNTYSignature My Comm. Expires Mar, 9, 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 o "A*- } County of o } rn ZWi ijY\ On a- before me � Uffi e o personally appeared, Omtt \ S who proved to me on the basis of satisfactory evidence to be the person(# whose names} is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(iss), and that by hWAer/theif 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. WITNESS my hand and offici41eal,Signatureu IC W"*` OFFICIAL SEAL SIERRA KERNER NOTARY PUBLIC - INDIANA 2016 W� • Mae. q ,2oltp 7 ACKNOWLEDGMENT 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 LVIS 0hIS4 _) On OGtDI k g 2019 before me, V104m_Mrj:�44 ►.Dfnn4 PoII& (i esn rt name aria title of the officer) personally appearedl 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/slethey executed the same in his/hefAheir authorized capacity(ies} and that by his/hef##eir signature(4on the instrument the person(4 or the entity upon behalf of which the person(&) 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. 1RCKEY FARLEY t WITNESS my hand and official seal. Commission # 2026488 IVNotary Public - California z San Luis Obispo County M Comm. Ex iras dun 25, 2017 Signature - (Seal) CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO THE AGREEMENT OF THE FOREGOING INSTRUMENT The undersigned, beneficiary under that certain deed of trust and assignment of rents recorded on June 22, 2007, as Document No. 2007-042212, in the Official Records of the County of San Luis Obispo, does hereby join in, and consent to, each and all of the terms and provisions of the within instrument, and does hereby subordinate its interests to the entire effect of this instrument. 1 Standard Insurance Company, an Oregon Corporation By: Name: Its: .S-S/.S T Ipig , evuf fist: .r• �dn.F WeGGs, 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. of California y,of San Luis Obispo WZ personally appeared, before me, Name and Title of the Officer who proved to me on the basis of s'E)t" factory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and d6kn wledged 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 psis n(�s) acted, executed the instrument. the laws 'f• State of California that the foregoing I certify under PENALTY OF PERJURY under ❑ the g g paragraph is true and correct. WITNESS my hand and official seal. Signature Signature ot Notary FUNIC Place Notary Seal STATE OF OREGON ) ) ss: COUNTY OF WASHINGTON ) On this 30th day of September, 2015, before me, SHELA COLLEEN PERRIN, appeared AMY FRAZEY and JASON F. WELLS, both to me personally known, who being duly sworn did say that she, the said AMY FRAZEY is the Assistant Vice President, of STANDARD INSURANCE COMPANY, an Oregon corporation, the within named corporation, and that the seal affixed to said document is the corporate seal of said corporation and that the said document was signed and sealed in behalf of said corporation by authority of its Board of Directors, and he, the said JASON F. WELLS is the Manager of STANCORP MORTGAGE INVESTORS, LLC, an Oregon limited liability company, the within named liability company, as Servicer of STANDARD INSURANCE COMPANY, an Oregon corporation, and AMY FRAZEY and JASON F. WELLS acknowledged said document to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last above written. OFFICIAL STAMP SHELA COLLEEN PERRIN Shela Colleen Perrin �.{ NOTARY PUBLIC-OREGON Notary Public for Oregon COMMISSION S MARCH 10, M Commission Expires: March 10, 2018 MY COMMISSION EXPIRES MARCH 10, 2018 Y p CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO THE AGREEMENT OF THE FOREGOING INSTRUMENT The undersigned, beneficiary under that certain deeds of trust and assignment of rents recorded on March 20, 2008 and June 26, 2012, as Document No. 2008-013843 and Document No. 2012-034541, respectively, in the Official Records of the County of San Luis Obispo, does hereby join in, and consent to, each and all of the terms and provisions of the within instrument, and does hereby subordinate its interests to the entire effect of this instrument. Dated: licj . I -;,of 5' United of Omaha Life Insurance Company, a Nebraska Corporation By: Name � Its: 0 i+ c ❑ �r+ A Notary Public or other officer completing this certificate verifies only the identity of the individual who ' ed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that dodiment. State of California County of San Luis Obispo On , before me Date personally appeared, who proved to me on the basis of satisf ory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument an cknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon beW of which the person(s) acted, executed the instrument. I certify under PENALTY F PERJURY under the laws of the State of California that the foregoing paragraph is true and oArrect. WITNESS my 1 nd and official seal. Signature of Notary u is Place Notary Seal Above STATE OF NEBRASKA } ) ss: COUNTY OF �UX,1A5 ) On this ISf day of a job , 2015, before me appeared JERRY F. CIHAL, known tome personally, who being duly sworn did say that he, the said JERRY F. CIHAL, is Director— Mortgage and Real Estate Investments, of United of Omaha Life Insurance Company, a Nebraska corporation, the within named corporation, and that the said document was signed in behalf of said corporation, and JERRY F. CIHAL, acknowledged said document to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal the day and year last written. Genera! Notary . State of Nebrask9 PATRICIA A. PETERSON kl COnlm. EX . Uct, in 2018. Notary Public for Nebraska My Commission Expires: 10 -10 -g0l 8 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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. I State of California 1 ) County of� fl L-0-U On LNDD S, before me, Date Here Insert Name and Title of the Officer personally appeared 7CL-�' o--y_(.l_ Name(s) of Signer(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. PWftAq ANMNY SIMPSON CoII1014IN • 2069198 ` NOWY POk - Cwornia x SO Lob OMbsp"o County Ct� 23 21318 + I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signat e f �r►.`t�-C Signature of N tary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 02014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1-800-876-6827) Item #5907 D OFDOCLAAENT