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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,! 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