HomeMy WebLinkAboutD-1076 Industrial Wy-Guarantee Reconstruction Recorded 02/08/1980Recording, Requested By:
CITY OF SAN LUIS OBISPO
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City of San Luis Obispo
P.O. Box 321
SCM Lune Obispo. CA 93401
AGREEMENT AFFECTING REAL PROPERTY
'COVENANT TO GUARANTEE RECONSTRUCTION OF PUBLIC
`' IN CASE OF CHANGE OF USE
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ooc. NO. �
OFFICIAL RECORDS
SAN LUIS OBISPO CO., CAI.
FEB 81980
WILLIAM E. ZIMARIK
COUNTY RECORDER
TIME ` $10 Jr
STREET PN
WHEREAS, the City of San Luis Obispo granted a use permit (U455) for
a restaurant on subject site in the M (manufacturing) zone requiring
improvement of adjacent streets, and
WHEREAS, the City acknowledges that the pavement standard for the
improvement of Industrial Way (Traffic Index of 7.0) which serves only
the subject property is excessive for the approved restaurant use; and
WHEREAS, the City agrees to permit the owner of said property to
construct the improvements to said street with a lesser standard pavement
(Traffic Index 5.5) with the understanding that the street will be reconstructed
upon a change of use to the property to conform to requirements applying to
the new use,
FOR AND IN CONSIDERATION of this approval to construct street pavement
improvements within Industrial Way, the undersigned owners of the real property
hereinafter described, hereby covenant with the City of San Luis Obispo to
remove said improvements without cost to said City upon thirty (30) days written
notice and to reconstruct said street (between Sacramento Drive and the Southern
Pacific Railroad R /W) to comply with a Traffic Index of.7.0, required for an
industrial street as required by the City Engineer.
If.the owner does not comply with this condition, when requested by the City, City may proceed to cause said work to be done 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 follows:
1. APN 53- 061 -34
2. 990 Industrial Way
3. Parcel A, P.M. SLO -74 -235 (Bk 16, Pg.41a,
This covenant shall run with the land and shall be binding upon the under-
signed owners, their heirs, executors, administrators, and assigns.
Owner
STATE OF CALIFORNIA
ss. Approved, Comm ity Dev opment Director
COUNTY OF SAN LUIS OBISPO (Authority: Resolution No. 97 -1979 Series)
On - 7- U Q before me, the undersigned, a Notar Publi�c in. ,
and for said County and. State, personally appeared C=,„ f}, (�J2G�UPiUGn Fy(,9/i�GUI�;�"�
known to me to be the person(s) who executed the within instrument, and
acknowledged to me that -;r 1A_ executed the same.
U
WITNESS my hand and official Seal.
�J4M
(If this document -_,is; e- x.eeuted,.by,,a ,Cor- porat:i.on, appropriate notary acknowledgement
�r +y
is required) } __,,- ..�•i.
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RESOLUTION NO. 3897 (1979 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO ACCEPT
COVENANTS FOR IMPROVEMENTS WITHIN CITY RIGHTS -OF -WAY.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby authorizes the Community Development
Director to accept covenants allowing construction of temporary improvements
(form agreement attached hereto) on behalf of the City of San Luis Obispo,.as
may be necessary from time to time.
On motion of Councilman Bond , seconded by Councilman Dunin ,
and on the following roll call vote:
AYES: Councilmembers Billig, Bond, Dunin, Jorgensen and Mayor Cooper
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 3rd day of
July , 1979..
ATTEST:
Cit r J.H. Fitzpatrick
Approved as to form:
/V".L...; �-
City Attorney
Approved as to content:
City dministrative Officer
Communit evelop en Director
/�. d__--
City Engineer
R 3897
VOL zzzUPAGE666
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graduate 4estaurants, Inc. �
Mr. Glen A. Weaver
284 Longview Lane
San Luis Obispo, CA 93401
Mr. Frank N. Mullican
Nacimiento Lake
Paso Robles, CA 93446
Dear Glen & Frank:
February 6, 1980
As per agreement from the city of San Luis Obispo whereby
each of you as owners of the property at 990 Industrial Way
are permitted to construct the improvements to said street
with a lesser standard pavement (Traffic Index 5.5) and agree
to reconstruct Industrial Way (between Sacramento Drive and
the Southern Pacific Railroad R /W)' if there is a change of
use requiring reconstruction; I promise, as president of The
Graduate Restaurants, Inc. and also as lessee of this property,
to (1) pay for the improvements to said street with a lesser
standard pavement (Traffic Index 5.5) currently required; and
(2) pay for any reconstruction as it may become necessary during
the term of the lease with you.
Very tr
William S. Eve
President
WSE:jms
990 Industrial Way San Luis Obispo, California 93401 Phone: ( 0 1 -07DO.—
VOL RIGS
State of u �J On this the day �u 19, before me,
Coun SS. the undersi a of Public, p onall eared
known to mnto e t e er nK whose name() 4�v2 subscribed
to the within instru and acknowledged thatoJ
NORMA KIM
executed the same for the purposes therein contained.
NOTARYPOBUC- CUMIii11A IN WITNESS WHEREOF, I hereunto set my hand and official seal.
SAN LUIS OBISPO COUNTY
My Comm. Expires June 10, 1983
GENERAL ACKNOWLEDGEMENT FORM VOL 444MGE