HomeMy WebLinkAboutD-1852 1800 Monterey Street Recorded 12/23/2009Recording Requested by:
GRAND OBISPO, LLC
When recorded return to:
• JULIE RONALD Ac
San Luis Obispo nty— Clerk/Recorder 12/23/2009
Recorded at the request of 2 :35 PM
Public
City of San Luis Obispo Public Works Department.
Development Review Division
919 Palm Street.
San Luis Obispo, CA 93401
b 0 c #.; 2009070463 Titles: 1 Pages: 6
Fees 23.00
Taxes 0.00
Others 0.00
PAID $23.00
COVENANT TO INSTALL PUBLIC
IMPROVEMENTS UPON REQUEST OF CITY
WHEREAS, the undersigned owns certain real property commonly known as 1800 Monterey Street, and
WHEREAS, the undersigned has 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 in the event that the City determines that the
absence of such improvements is creating a nuisance condition, the abatement of which requires completion of said
improvements.
NOW THEREFORE, in consideration of the granting of permission to temporarily defer installation of certain
public improvements consisting of The scope of work shall include, but is not limited to, trenching and paving, storm
drains, clean-outs, junction box, storm drain manhole, replacement of sidewalk underdrain. The construction shall be as
indicated on the plan dated 12/08/08 by Cannon attached as Exhibit "A ". Said improvements are proposed to correct a
potential future nuisance created by the constant discharge of spring water to the public gutter. The City agrees to
consult with owner and to consider other remedies such as on -site drainage improvements or private maintenance to
eliminate or control any nuisance prior to and as an alternative to requiring completion of the scope of work hereunder.
Owner shall maintain, until June 30, 2011, a bond or Letter of Credit in the amount of $50,143.84 for the completion of
said improvements. If no nuisance condition arising from the discharge of spring water into the public gutter has been
identified by the City and written notice thereof provided to Owner on or before June 30, 2011, the bond or Letter of
Credit will be released. The release of such bond or Letter of Credit shall in no way constitute a waiver of the City's
right to pursue a nuisance abatement action to require Owner to abate any nuisance created by the discharge of spring
water into the public gutter in conjunction with the property after the termination of this Covenant or the release of the
bond or letter of credit
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 90 days written notice (the "Correction Notice's from the City
of San Luis Obispo establishing that said improvements are necessary to correct a nuisance situation arising from the
discharge of spring water to the public gutter and requesting that said improvements be installed. Provided that a
Correction Notice has not previously been provided to Owner, Owner's obligations hereunder shall cease and terminate
at the end of the day on June 30, 2011, where upon this Covenant.shall.have no further force or effect. At the request of
Owner, the City of San Luis Obispo shall execute and acknowledge a termination agreement, confirming the foregoing
without waiver of its otherwise existing nuisance abatement powers.
Said property is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described
as follows:
Legal: That potion of Block B of C.H. Phillips Addition to the City of San Luis Obispo, in the
City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to map
made by R.R. Harris in 1874 and filed for record November 18, 1874 in Book A, Page 49 of
Maps, in the office of the County Recorder of said County.
2. Assessors. Parcel. Number: 001- 072 -015
Commonly known as 1800 Monterey Street in the City of San Luis Obispo..
Signatures Appear on Attached Pages
1 of 4
1gsa
u
This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors,
administrators, and assigns.
Dated this 3y�` day of , 2009
Owner(s):
Grand Obispo, LLC,
a California Limited Liability Company
By:
Its: P
State of California }
County of San Luis Obispo }
On , 2009, before me, , Notary Public, personally
appeared (insert name or names) who proved to me on the basis of satisfactory evidence to be the persons(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 ity
upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
and correct. --.42
WITNESS my hand and official seal.
, Notary Public
Capacity claimed by signer(s):
n-
( ) individual(s) ( ) corporation ( ) partnership ( ) attomey -in -fact ( ) political agency
2 of 4
foregoing paragraph is true
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of %47,4.- � o�
On A/ �G
Date
personally appeared
DAItIbF DOWEL
* 16166303
LNotary Wbec - CaY wft
Sardo 11110M a Gaudy MVC0nM BSI w Jun 14201
who proved tom .e on the basis of satisfactory evidence to
be the personX whose nameWs/Wersubscribed to the
within instrument and acknowledged to me that
he/�WO<executed the same in hi it authorized
capaci%091", and that by his/h~ signature(<on the
instrument the person(or the entity upon behalf of
which the personXacted, 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 m hand and officiaSig
nature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
Number of Pages:
Signer's Name:
❑ Individual
❑ Corporate Officer — Title(s):
_ ❑ Partner — ❑ Limited ❑ General
• - ❑ Attorney in Fact - •
Top of thumb here Top of thumb here
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313 -2402 • www.Nabona]Notaryorg Item #5907 Reorder. Call Toll -Free 1- 800.876 -6827
er, Public Works Director
Luis Obispo
.on — City of San Luis Obispo Municipal Code Section 12.16.050)
State of California }
Co of San Luis Obispo
O , 2009, before me, , Notary Public,
personally appeared Jay D. Walter, 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true
and correct.
. F ro . .
Capacity claimed by signer: ( X ) political agency State of California
g: \permits\ \streets \...... \Covenant to Install
GAI6857\0049MMCovenant 2 -Aoc
3 of 4
TAMIIIA J. 1UUMN
Commlaalon • 1791178 9
igoNotary Public • Calfti ft
San Lola Oblapo Courdy
C p� arrn B 1
Exhibit A
Plan
1 of 4
�I
V1 ,� - 7.
�1
III,`I
'i
p u
t' L!
I
WAj
m
w
w
L1
O
d
g u
U
z
0
a
0
_
O
I
F-
F
VI
C)
STREET
W
p M
~
I
Zcr
Q N
� Q
pTp'
O
.:j
W Z
v�
F
W O
O 0
�O
O
Q O
a
v
a-
s
l '
12
J
Z
�.I
Q
F-
a LJ
to
= a
W
�-
NN
w
IttIf. j
U CO
a w
Z
I�
0 J
Q
Q
>
c7
Z
I9 .I
Q
Z
J
z J
O Q
Q;
Ih'P
O
n
w Q
LU N-
W
�
W
WAj
m
w
w
L1
O
d
g u
U
z
0
a
} m
W = n
Z Z U =� g
o a
O O
i N ° S
?
0 W o u
U) F N
w Q Z
a 1 Q
a N G
X o
w a
Z Q }
H
U �
Q O �m
< 'm c
J ai W
O C7
0
c
V
mi
0
Z
F
VI
A LL
STREET
W
~
� Q
p
O
Z�
O
F
W O
J p
O
Q O
a
v
Z
U
F-
a LJ
to
Q W
W
�-
aJz
w
U CO
m O
Z
O
Z
k
Q
Q
>
c7
Z
Z
w
LA
I
aF
LQ
N
W
¢°
W
Q
O O
O
0 CD
i Z
J
�i
a
W�
Z
< >
a
r-
w
p�
wJ
a
00
(n x
z O
Q l.,
_p
Z }
Z
Q
{�� W
9
Q
I�•
Z
p
p
0 0
<
zN
W Z
0z
xQ
U
0
0
Id,!
O
N
i
O XO
x O
Ili
LL
>
N m
U Z
0
a
�
Z of
�---
a
o
CO
00 z zz
°
o�
=z
1
J
J �
X
N Q
Z
I
�
Ln
N
X
r
N
N
N a
If
awQQZ�
a
V)
rr
j O
!
I
Z(n
z z
U W
O
000
} m
W = n
Z Z U =� g
o a
O O
i N ° S
?
0 W o u
U) F N
w Q Z
a 1 Q
a N G
X o
w a
Z Q }
H
U �
Q O �m
< 'm c
J ai W
O C7
0
c
V
mi
END of DocumENT
0
Z
F
VI
W
W
~
� Q
p
O
Z�
O
F
W O
J p
O
Q O
a
v
Z
U
to
Q W
W
�-
aJz
w
U CO
m O
Z
O
Z
FZ
Q
Q
Z
Z0
Z
Z
Q w
¢ Q
�Z
aF
w
a
¢°
>?
z
O Z
0 CD
i Z
J
x
O
a
W�
V1
Z
0
p�
wJ
a
00
(n x
z O
Q l.,
_p
J
J:z
{�� W
9
Q
Q
Z) z
U Y
>
O
z
<
zN
W Z
0z
xQ
00
0
0
END of DocumENT