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HomeMy WebLinkAboutD-1580D 742 Center Street - 001-102-011 - Public improvements consist of: standard concrete sidewalk along the frontage of the herein described property Recorded 02/10/2003�- J.ULIE RODEWAL� °� ' San Luis Obispo County — Clerk/Recorder 2110!2003 Recorded at the request of 1'53 PM Recording Requested by: ;Public 'Ronald and Karen Mead i Titles: 1 Pages: roc #:. 2003013779 5 Fees When recorded return to: Taxes 19.00 0.00 City of :San Luis Obispo Others 0.00 Public Works Department PAID $19.00 955 Morro Street San Luis Obispo, CA 93401 COVENANT TO INSTALL PUBLIC IMPROVEMENTS (SIDEWALK) UPON REQUEST OF CITY AND TO ALLOW TEMPORARY ENCROACHMENT OF A FENCE WITHIN PUBLIC RIGHT OF WAY (742 Center Street) APN: 001- 102 -011 WHEREAS, the undersigned own certain real property commonly known as known as: 742 Center Street, and WHEREAS, the undersigned have requested and been granted a temporary exception by the City's Public Works Director from the requirement to install certain public improvements, normally required as a condition of a building permit 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: Standard concrete sidewalk per City of San Luis Obispo standards and specifications along the frontage of the herein described property. The undersigned owner(s) of the subject property hereby covenant with the City of San Luis Obispo to install said public i.;nprove:r. its without cost to City upon 30 days written notice by the Ptab1_?c Works Director requesting that said improvements be installed. The existing 3 ft. high ( + / -) wood fence (located approximately 3 ft. behind the street curb face) may remain as a "temporary encroachment" into the right of way, but shall be relocated out of the public right of way when the sidewalk is constructed or otherwise directed by the Public Works Director, based on a specific need that requires same and 30 days written notice. If the owner of the property described below does not remove the encroachment authorized herein when requested by the City, City may proceed to require removal under the Municipal Code nuisance provisions and to assess the cost of said removal against the real property described herein. Owners further acknowledge that, in the event of such removal by City, City is 7 isi�01) Sidewalk and Fence Encroachment Covenant 742 Center Street Page Two not liable for any damages to the encroachment or to any adjacent.real or personal property. Owner further agrees to hold harmless City from any claims, suits or losses of any kind alleged to have arisen out of the maintenance or placement of said encroachment and to indemnify City for any and all costs of judgments relating to said claims, suits or losses, including attorney's fees. Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: Lot 2, Block 11 of the Anholm Addition to the City of San Luis Obispo, as recorded in Book 3 of Maps, at Page 91, in the office of the San Luis Obispo County Recorder, State of California. 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 , 209Z. Owners: Ronald B. Mead Owner Michael D: McCluskey Public Works Director City of San Luis Obispo (Authorization - Resolution No. 3897, 1979 Series) [Attach appropriate notary certificates] . C�- Jf�A9•� -� W . _ l Karen W. Mead . Owner 1 • r[)I)llJ 1 • MIS -S M State of CALIFORNIA County of SAN LUIS OBISPO • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT On JAN. 16, 2003 before me, Jacqualyn K Bull - Notary Public, personally appeared Ronald R Mead, ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the erso (s) whose ( am Gs) care subscribed to the within insfrument and LeJACQUALYN K. BULL acknowledged to me that a /they executed the same in COMM. 01325956 y er/their authorized a ac (ies), and that by NOTARY PUBLIC- CALIFORNIA i SAN LUIS OSISPO COUNTY O (/her /their spa e(s) on the instrument th erso (s), or My Comm. Expires October 19, 2006 4 the entity upon behalf of which the ers n(s) acted, executed the instrument. WITNESS my hand and official seal. OPTIONAL" 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 ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Absent Signer (Principal) is Representing: ADM -005 (07/01) DESCRIPTION OF ATTACHED DOCUMENT Convent to installation Public Improvement (SideWalk) opon request of City Title or Type of Document 04 Number of Pages 01/16/03 Date of Document Karen W Mead Signer(s) Other Than Name(s) Above n CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT BANK�yTRU.ST State of California County of San Luis Obispo On 01- 201 -03 before me, Carrie Hart, Notary Public, personally appeared Karen W. Mead* * *, ❑ personally known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)'(js pre subscribed to the within instrument and acknowledged to me that he he/ ey executed the same in his a their authorized capacity(ies), and that by hi /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, p QPMyCARRIE HART executed the instrument. COMM. #1235550 NSANRLUISUOBIS 0 COUNTYA WITNESS my hand and official seal. Comm. Expires Sept. 24,2003" L V v Signature o Nota OPTIONAL - 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 Fj Partner(s) ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Absent Signer (Principal) is Representing: ADM -005 (07/01) DESCRIPTION OF ATTACHED DOCUMENT Sidewalk and Fence Encroachment Covenant Title or Type of Document 1 Number of Pages 01 -I1 -2003 Date of Document Signer(s) Other Than Name(s) Above State of California } County of San Luis Obispo } On January 21, 2003, before me; Pamela K. King, Notary Public, personally appeared .Michael D. McCluskey, proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that 'he executed the same in his capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted,, executed the instrument. Witness my hand and official seal. Pamela K. King, Notary Public pAMEIA K. KING Commission # 1227306 Z Notary Public - California f z San LUIS CUSPO Cour*y My Comm. Expires id 2 2003 Capacity claimed by signer(s): individual(s) () corporation () partnership ( ) I attorney -in -fact () political agency (x) Covenant Public Improvements 742 Center Street END OF DOCl1 mur Curtis Illingworth Architecture 1212 Joyce Court 0 San Luis Obispo, California 93401 • January 29, 2002 City of San Luis Obispo Public Works Department San Luis Obispo, Calif. 93401 Attn: Mr. Jerry Kenny Re: Mead residence sidewalk - 742 Center Street Dear Mr, Kenny, Telephone: (805) 541 -8323 I am writing to request relief from a building permit requirement for a new sidewalk at a residence at 742 Center Street. The construction of this sidewalk where none currently exists would require the demolition of existing landscaping which was newly installed (2000). In addition the residence is on the list of contributing historic properties. The new sidewalk would seem to be contrary to historic character of the property. There currently are no sidewalks on this side of the street and the residence s in the center of the block. The property at the corner of Center & Almond Streets recently has had a major addition and was not required to install a sidewalk. There is an existing sidewalk on the opposite side of the street. I have included photos for your convenience. The owner is willing to install the sidewalk at a later date when the rest of the block is required to install them or provide a bond to the City to do the work as required. There might be other vehicles that the City has at its disposal for insuring that the work is done at a more appropriate time. We request your consideration of this request. Call me if I can be of any more help. Sincerely, Curtis Illingworth Curtis Illingworth Architecture • 0 Jerry Kenny 955 Morro Street San Luis Obispo, CA 93401 Dear Mr. Kenny, 742 Center Street San Luis Obispo, CA 93405 8 September, 2002 D SEP 10 1002 i We had a phone conversation a couple of weeks ago where I asked you the procedure to go through to request that we not have to move a fence in our yard. My husband I did an addition/remodel to our house at the above address which was basically finished in February of this year. We cannot, however, obtain final on the project as the city is requiring us to put. a sidewalk in front of our property. At the very least, they are asking us to move a short fence in from the street by 10 feet. We feel that the requirement for a sidewalk should never have come up as the plans for our project had to go through the Cultural Heritage Committee before we could begin. The house was built in 1931 in the Anholm Addition and none of the other houses on our side of the street in our block have sidewalk. There is one running the entire length of the block on the other side of the street. We would like to ask that the sidewalk requirement become a nonissue and to be able to leave our fence as it stands. Our yard is already small and to move the fence in to 10 feet would cause us to loose new landscaping which was done just prior to the remodel and it would make our yard unnecessarily smaller. We hope that you will act in our favor on this so that we can get our "blue card" signed off and have final on our house. Thank you for your consideration. Sincerely, Karen W. Mead Av�r