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HomeMy WebLinkAboutD-1998-043860 184 Suburban Road, APN 053-257-023, Tract 2202, TK Commercial Park Recorded 07/16/1998RECORDING REQUESTED BY: Lucia Cleveland WHEN RECORDED RETURN TO: City Clerk 990 Palm Street San Luis Obispo, CA 9340.1 G Doc No: 1998- 043860 Official Records San Luis Obispo Co. Julie L. Rodewald Recorder Jul 16, 1998 Time: 08:39 5] Rpt No: 0005557 _74�� ) RF -1 19.00 t ;TOTAL 19.00 COVENANT REGARDING DEDICATION OF VEHICULAR ACCESS RIGHTS AND TEMPORARY VEHICULAR ACCESS TO TANK FARM ROAD (184 SUBURBAN RD) A.P.N. 053- 257 -023 WHEREAS, the undersigned owns certain real property commonly known as: 184 Suburban Road, San Luis Obispo, California and further.described as follows: Lot 5 of that certain tract of land commonly known as the "Vachell Tract ", as shown on the map filed at the, request of A.H. and G.E. Vachell on February 6, 1893 in Book 1, Page 4 of Records of Surveys in the Office of the County Recorder, County of San Luis Obispo, State of California, and WHEREAS, the undersignedhas received City approval for a developmentat the subject site under ARC 177 -97, and WHEREAS, Condition 3 of the above -said approval includes a requirement that vehicular access be dedicated to the City to control vehicular access along the Tank Farm Road frontage of the subject'property, and WHEREAS, Condition 4 of said approval provides for approval of a "temporary" access driveway along the Tank Farm Road frontage of the property, if an easement for a driveway to Short Street or Long Street is not obtainable through the adjacent westerly property, prior to issuance of a building permit for said development, in accordance with the adopted circulation pattern previously established by the County of San Luis Obispo.Master Circulation Plan for this area and by the City of San.Luis Obispo, in consideration of Tract 2202 (TK Commercial Park). The condition also requires "closure" of such temporary driveway and replacement with standard frontage improvements (curb, gutter and sidewalk) by this property owner within 90 days of written notice to the owner from the Director of Public Works if, and when, access rights are obtained through the adjacent westerly property in the future. If development occurs on said adjacent property that precludes such access, the temporary driveway would be deemed permanent. 1� p9V-0 r� ,4 Covenant -Vehicular Access Rights and Temporary Driveway (Tank Farm Rd. at 184 Suburban Rd.) Page 2 NOW THEREFORE, the owner hereby dedicates all vehicular access rights to the City of San Luis Obispo along the Tank Farm Road frontage of the herein - described property. _ In consideration for granting the right to construct a "temporary" access driveway along Tank Farm Road; per approved projectplans, the undersigned owner of the subject property hereby covenants with the City of San Luis Obispo to install a curb median, per the approved project plans, without cost to City. The said temporary driveway shall remain closed by locked gate or other means to preclude left turn vehicular ingress and egress movements access until the curb median has been installed, unless specifically authorized otherwise by the Director of Public Works. The curb median shall only be installed in Tank Farm Road when adequate street right of way and pavement are available on the opposite side of Tank Farm Road, as determined by the Director of Public Works. Q Installation of the curb median shall be guaranteed by a Letter of Credit or "assigned account" to \ the satisfaction of the City Attorney and Director of Public Works, if not installed prior to issuance of a building permit. 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 _ LL, 1998. l S H Investments LLC, a California Limited Liability Company L, 0. By: Lucia Cleveland TRUSTEE ACKNOWLEDGEMENT MSB Properties - Trustee of Deed of Trust 1996- 066205 By:.T.�. , V�V. Qree ei* (ATTACH APPROPRIATE NOTARY ACKNOWLEDGMENT) DevRev \ ... \Suburban 184 - Access Covenant State of California )ss County of On 7 (. lqr before me, , personally appeared personally known to me (or 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. Witness my hand and official seal. Notary's Signature Lo_' KAREN Woo LING Comm. # 1129102 NOTARY PUBLIC•CALIFORNIA San Luis Obispo County My Comm. Espirea March 9, 2001 "4 • MID -STATE BANK CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California County of San Luis Obispo On July 9,1998, before me, N. Marlene Weeks, Notary Public, personally appeared T. E. Reese, ® personally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument N. MARLENE WEEKS COMM. #1164620 N O OTARY PUBLIC - CALIFORNIA SAN LUIS OBISP F a My COMM. Expires Dec. 7, 2001 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 persons) acted, executed the instrument. WITNESS my hand and official seal. WE M1(TFM"A71M', 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(s): Vice President ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Absent Signer (Principal) is Representing: N/A DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document: Access Covenant Tank Farm /Suburban Rd. Number of Pages: -2 -11/ Date of Document: July 6, 1998 Signer(s) Other Than Named Above: Lucia Vleveland S H Investments LLC mom city Of $An LUIS OBISPO 990 pnim Qt'. f 0 1 ' CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Covenant dated July 6, 1998 from S H Investments LLC, a Califomia Limited Liability Company, to the CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned officer on behalf of the City Council pursuant to authority conferred by Resolution No. 5370 (1984 Series) recorded June 15, 1984 in Volume 2604, Official Records, Page 878, San Luis Obispo County, Califomia and the Grantee consents to recordation thereof by its duly authorized officer or his agent. Date: July 14, 1998 CITY OUF SAN LUIS OB PO Allen K. Settle, Mayor Y-' Ki Con cting City Clerk The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. V� Tel Device for the Deaf (805) 781 - 7410. END OF DOCUMENT