HomeMy WebLinkAboutD-440 Santa Rosa St. & Foothill Boulevard'44 voL 1225 PAGE'.
COVENANT
For and in consideration of the granting by the Council of the City of San Luis
Obispo of a conditional exception to the undersigned from the installation of curb,
gutter and sidewalk from the start of the driveway located on Santa Rosa street north-
erly to the church property line of the property hereinafter described, the undersigned,
ZION EVANGELICAL. LUTHERAN CHURCH OF SAN LUIS OBISPO, a corporation, �
a California corporation, hereinafter called "Church," hereby covenants with the CITY OF
SAN LUIS OBISPO, a Municipal corporation, hereinafter called "City," as follows:
1. That in the event any property on the east side of Santa Rosa Street, lying
northerly of the property hereinafter described, is developed and the City determines
curb, gutter and sidewalk would serve a useful purpose, the Church, within ninety (90)
days after written notice thereof from the City, shall install such improvements at
Church's sole expense.
2. That in the event additional construction takes place on the property herein-
after described and the City determines that such improvements would serve a useful
purpose, the Church, within ninety (90) days after written notice thereof from the City,
shall install such improvements at Church's sole expense.
3. This covenant shall run with the land hereinafter described and shall be binding
upon the Church, its executors, administrators, assigns or any successors in interest.
4. Said property is described on the attached "Exhibit A" incorporated by reference
as though fully set forth herein.
EXECUTED this d 4t day of February, 1963.
ZION EVANGELICAL LUTHERAN CHURCH OF
SAN LUIS OB , a corporati-o_' —" -."
r 1 G:
President
By
Secretary
STATE OF CALIFORNIA
:as
COUNTY OF SAN LUIS OBISPO )
On February 11 _, 1963, before me, the undersigned, a Notary Public in and
for said County and State, personally appeared Herbert H. Theiss , known
to me to be the President, and Harlan E. Werner ' known to me
to be the Secretary of the corporation that executed the within Instrument, known to
me to be the persons who executed the within Instrument on behalf of the corporation
.V 11e.
voL.1225 PA' G E 3 7
therein named, and acknowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
I�Al /Z,/,
Name Arians C. Gassed
Notary Public
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EXHIBIT
V
VOL11225 P,0. 7f
That portion of the southeast quarter of the southeast quarter
of. Sectioh 22, Township 30 South, Range 12 East, Mount Diablo
Meridian, in the city of San Luis Obispo, county of San Luis of
Obispo, state of California, according to the official plat
said land, approved by the Surveyor General, November 30,
described as follows:
Beginning at a point on the easterly line of said Section 22, that
is distant northerly along said easterly line 470 feet from the
southeast corner of said Section; thence Southerly along said
easterly ine 470 feet to the southeast corner of said Section;
thence along the southerly line of said.Section, South 89° 588
50" West 113.55 feet; thence northwesterly along a tangent curve,
concave northeasterly, having Ia radius of 150 feet, through a
central angle of 630 51' 30i8, an arc distance of 167.18 feet; thence
northwesterly along a reverse curve concave southwesterly hav�:�g
a radius of 2040 feet, through a central angle of 7- 268 27 ", an
arc distance of 264.92 feet to a line that is parallel with and
distant easterly 30 feet measu_ed at right angles from the
westerly line of`the land described in the deed to Zion Evangelical
Luthern Church of San Luis Obispo recorded .July 22, 1949 in book
529, page 219 of Official. Records, in the office of the county
recorder of said county; thence northerly along said parallel line
to a line that is parallel with the southerly line of said Section
and which passes through the point of beginning; thence easterly
along said last parallel line, 386 feet to the point of beginning.
3 724
Documc —I# 14.® ------ ...' .........
RF- C®R®ZD AT REQUESTp�
J#SU�AAICE- A[dQ.I0 2- �----
SAN LUIS OBISPO COUNTY. CAL.
FEB 13 1963
oun li.�}'der
B Deputy
Fee $- �• -4� - -- Indexed
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The following resolution was passed at a regularly
called meeting of the voting body of Zion. Evangelical
Lutheran Church on February 4th, 1963:
"Motion made, seconded and carried that the
officers of this church be authorized to
execute the covenant required by the City
of San Luis Obispo regarding the future
improvement of sidewalk adjoining the property
of the Church."
ZION EVANGELICAL LUTHERAN CHURCH
OF SAN LUIS OBISPO
BY
Secretary
Zion Evangelical Lutheran Church
of San Luis Obispo
Foothill and Santa Rosa Streets
San Luis Obispo, California
February 19, 1963
Mr. Gene Fitzpatrick
City Clerk
990 Palm Street
San Luis Obispo, California
Dear Mr. Fitzpatrick:
I am enclosing a copy of the resolution authorizing the
execution by Zion Evangelical Lutheran Church of the
covenant required by the City regarding the proposed
sidewalk adjoining the property.
The covenant was recorded February 13, 1963, as document
no. 3724 in book 1225, page 374 of Official Records.
I trust we will now be able to obtain the City's final
approval.
Cordially yours,
Herbert H. Theiss
President, Zion Evangelical
Lutheran Church
cc: Mr. William Houser
City Attorney
990 Palm Street
San Luis Obispo, California
cc: Mr. Harald Nielsen, Contractor
956 Walnut Street.
San Luis Obispo, California
I
RESOLUTION NO,. 212 -62
PLM4N1NV COiMiMISS10,N RECO'MZMDATTON :4t M
REGARD TO THE INSTALLATION OP. CURL' , fUTUR
AND SIDEWALK ALONG SANTA ROSA STREET IN
FRONT OF THE ZION LUT!IERAN CHURCH.
WHEREAS, the Planning Commission of the City of San Luis Obispo has been .requested
to consider an exception from the requirement of curb, gutter and sidewalk with
regard to the Zion Lutheran Church property at the corner of Foothill Blvd, and
Santa Rosa Street (State Highway 1); and
WHEREAS, said Planning Commission has considered this request and that section of
the Municipal Code governing exceptions.
NOW, TIiEREFORE, BE IT RESOLVED that the Planning Commission of the City of San Luis
Obispo has determined that the large parcel of land upon which the church buildings
are located and the development thereon is such that the installation of curb, gutter
and sidewalk for the full length of the property fronting Santa Rosa Street would
serve no useful purpose at this particular time; and hereby grants a conditional
exception from the installation of curb, gutter and sidewalk from the start of the
driveway located on•Santa Rosa Street northerly to the church property line, subject
to the following. conditions:
(1)
That the church shall execute
a covenant
running
with the land or post a
bond
of sufficient value to cover
the future
cost of
the installation of the
above
mentioned improvements, said bond or covenant to be conditioned as follows:
(a) In the event any property on the same side of Santa Rosa Street and lying.
northerly of the church property is developed and the City determines curb,
gutter and sidewalk would serve a useful purpose, the church shall install
such improvements at their expense.
(b) In the event additional construction takes place on the church property and
upan.tlee request of the City, the church shall install all or any .portion of
such improvements at their expense.
Regularly passed and adopted by the
Planning Conmission of the City of
San Luis Obispo, State of California,
on the llth day of December
1462, y t,e o lowing vote:
AYES: Commissioners Blake, Feliciano,
Le.nger, Schwartz F, Whelchel.
NOES- None.
ABSENT; Commissioners Abkin & Johnson.
ATTEST: '4�'oo • _
I. W. raham
$rector of Planning & Building.
RES. NO. 212 -62
That portion of the Southeast quarter of the Southeast quarter of
Section 22, Township 30 South, Range 12 East, Mount Diablo Meridian,
in the City of San Luis,Obispo, County of San Luis Obispo State
of California, according to the official plat of said land approved
by the Surveyor General, November 30, 1867 described as follows;
Beginning at s point on the Easterly line of said Section 22, that
is distant Northerly along said Easterly Ine 470 feet from the
Southeast corner of said Section; thence Southerly along said East-
erly line, 470 feet to the Southeast corner of said Section; thence
along the Southerly line of said Section, South 89° 58' 50" West
113,55 feet; thence Northwesterly along a tangent curve concave North-
easterly having a radius of 150 feet,, through a central angle of
630 511 0", an arc distance of 167.18 feet; thence Northwesterly
along a reverse curve concave Southwesterly .having a radius of
2040 feet, through a central angle of 7° 261 27 ", an arc distant
of 264.92 feet to a line that is parallel with and distant Easterly
30 feet measured at right angles from the Westerly line of the land
described in the deed to Zion Evangelical Luthern Church of San
Luis Obispo recorded July 22, 1949, in Book 529, page 219 of Official
Records, in the office of the County Recorder of said County; thence
Northerly along said parallel line to a line that is parallel
with the Southerly line of said Section and which passes through the
point of beginning; thence Easterly-along said last parallel line,
386 feet to the point of beginninnA.
W. The Gedarsipsdo bating catered iato a aontroat with SIR= COUBS�UC3ZON
00.. dated 28th Of Norsk, for the constructiea am
of a -close room d.yvuth
willies located upea the above desortbod in rug which oeatametor ammateq
f`- to w undersiped that the total oust of ooastrsction to accordance with the
Maas and spooifioation Wwroia referred to and approved or to be approved
1y tho bank (including the ocatrptorts foe) aball not uoeood the sea of
:66.000.00 ar cost PIGS =59000.009 whichever is lower. Aad should the actual -
cost of sometractiaa, including the oantractar's flee, exceed the sum of 061000000
or cost PUN $i.000 whichever lever, the contractor has agreed that he mill
at his own expense red without seat to the smart to pay such osssaS.
Subject to the Provisions of this Agreameat, :66.000600 of the smomat is to be
dimbarsed q tM bolt to provide fonds for the construction of the iap'ovemsmts
and may be paid to any of the mod, or at the option ofthe Dank my be
paid to ceatrastars, aaterialaen Mal labarers or any of than is sabstntiai�
the followbW mMaasrt
(a) On or about the first day of each meth, dusing'the progress of the workl
tlr eantrscto r will submit to John lion, Arohitost. Gad duly matherised reyroseatative "
Of the Gadermlgael, a statement shoving the total amoaat expemdsd fee the previoaS
period. And upon approval of said Architect, and provided that the work is
pop oial or boo bees samploted to the satisfaction of the Sank, 90x of the
moment of mob statement is to be paiA to the ooatramtn.
(b) Ibe undordgsmd will upon the owplatiea ofrlbi iv k— Galled fn=Ay a -- -� _-
sastrect In this agreement, including the entire work of IMF vtemonto as a
whole, file for record a valid notice of completion thereof, and when the
title comp My wks ia"d the title policy insuring the deed of trust will, after
OW expiration of the lies period sake as endorsement an the policy that so
mechMaics' or matorialmen's liars appear of record (if an A?A policy All
re -rrito snob policy In a form satiefaetoiry to Bank) and whoa if a bead is
or has been executed in oonwction with the construction or any contract therefor,
approval of the payment bas boon tamed by the surety under the toad, the contractor
is to receive all romalaiag balanoes due him provided the Beak bas received the final
eartificato issued by said jobs Roos, Architect.
Approtodt
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wilding Loan greem>ntund Asai gn tZt of Account t
This Agreement is executed for the purpose ia;rvhtair ing a building loan from the SECURITY FIRST
NATIONAL BANK,:and as a part of the loan transaction, which loan is to be evidenced by a note of the under-
signed for $.� =A_9i ......................... dated...................................................... --A�..?Js....... 19.6l.., in favor
of the Bank, and is to be secured, among other things, by a Trust Deed affecting real property in the County of
. ..... Aw. kAy.- 9kim ........................................... _.... ...... _..., State of California, described as:
Jw 19p1 tats.
Upon recordation of the Trust Deed, the net proceeds of the loan are to be placed by the Bank, together with
the sum of . deposited by signed: in non - interest bea lo t with the Bask
a!'lfr6l 1. _._ ............... _ ... ......... _. .
. BUILDING LOAM ACCOUNT." The deposit of the loan proceeds in the account
shall be deemed full consideration for the note. Each of the undersigned hereby irrevocably assigns to the Bank,
As security for the obligations secured by the Trust Deed, all right, title and interest of the undersigned in the
account and all moneys to be placed therein. By its acceptance of this Agreement the Bank agrees to use the moneys
in the account in accordance with the terms hereof.
The undersigned, jointly and severally, further agree as follows:
1. To commence construction of the improvements to be constructed on the property within 15 days after written
notice has been given the undersigned by the Bank that it has received a satisfactory Policy of Title Insuram
insuring that the Trust Deed is a first lien on the property. Should work of any character be commenced on, or
any materials be delivered upon or to the real property or in connection with said improvement prior to receipt
of said written notice from the Bank, the Bank, at its sole option, may apply the funds in the account to satisfy
in full all indebtedness secured by the Trust Deed and to pay all expenses incurred in connection with the
transaction.
2. To construct said improvements in accordance with plans and specifications approved by the Bank, and without
change or alteration, except with written consent of the Bank, and to complete the same within six months from
date hereof. All of the materials, equipment and every part of the improvements shall be paid for in full and
become a part of the real property.
3. To pay to the Bank interest on the loan proceeds disbursed from the account at the rate called fqq;; in the Note,
from the date of the respective disbursement to ....... JW..� ....... .... 1961..; then interest on $..4lsWQ!W to
the date interest start s on the Note. If such interest is not paid when demanded, the Bank is authorized to pay the
same to itself from the account. Also, to deposit in the Account upon demand of the Bank, such sums estimated
by it as being necessary to cover all items provided contemplated to be paid or expended under this Agreement.
4. Subject to the provisions of this Agreement, $..VDs0_M&M_ ...... _of the account is to be disbursed by the
Bank, in the proportions set out below, to provide funds for the construction of the improvements and may
be paid to any of the undersigned, or, at the option of the Bank, may be paid to contractors, materialmen and
laborers, or any of them, and at such time as the construction has reached the following stages in accordance
with the plats, and specifications: pt� t M>wir+l� tatMfa �pyt•.
206 when foundation is in, first floor joists in place and all rough lumber is on the ground.
209b when the structure and all mechanical systems are roughed in, roofing is in place, and before interior
lathing is commenced.
20% when inside plastering is completed, and the exterior, if stucco, has received two coafs, or, if frame building,
has received prime coat.
2096 when all improvements are folly completed, and, if Federal Housing Administration loan commitment has
been issued on property, when Federal Housing inspection report approving completion has been received
by the Bank, or, if a G.I. Section 501, 502 or 503 loan on the property is involved, when Veterans Adminis-
tration Compliance Inspection Report approving completion is received by the Bank, and when Builder's
Warranty on FHA or VA form has been received by Bank.
2096 being the balance remaining in the account, when the title company who issued the title policy insuring the
Trust Deed will, after the expiration of the lien period, make an endorsement on the policy that no
mechanic's or materialmen's liens appear of record, (if an ATA policy, will rewrite such policy in a form
satisfactory to Bank), and when. if a bond is or has been executed in connection with the construction, or
any contract therefor, approval for the payment has been issued by the Surety under the bond.
Pit f /tt to-w• as toy (ova)
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S. Before requesting the secoa any subsequent p+�jf' t. ,to furnish th tk, if requested, receipted .bills
covering work done or ma furnished for the improvement showing Mr expenditure of an amount equa
to the total of funds at such time disdursed from the amount_ The undersigned agree that all funds disbursed
to any of the undersigned will be immediately used to 1�iy bills and charges for labor or material and that until
all such bills and charges are paid in full, not to use the moneys for any other purpose. Any written order or
receipt signed by any of the undersigned shall be binding upon all of the undersigned and the Bank shall be
fully protected in acting thereon.
6. Representatives of the Bank shall have the right to enter upon the property at all times during construction,
and if the work is not in conformance with the plans and specifications, the Bank shall have the right to stop
di4, work and order its replacement.and to withhold all payments from the account until the work is in satin-
"ry compliance with the plans and specifications. If the work is not made satisfactory within fifteen (15 )
calendar days after written notice from the Bank to any of the undersigned, such failure shall constitute a default
under the terms of this Agreement.
7. Should any of the undersigned default in the performance of any agreement hereunder; or should work cease
an the improvements, specifically including stoppage by the Bank under the terms of this Agreement, or for
any reason whatsoever, for fifteen (15) calendar days; or if the improvements shall be damaged or destroyed
by fire or other casualty; or in case of death of any of the undersigned; or if a petition in bankruptcy shall be
filed by or against any of the undersigned; or if arty of the undersigned shall convey any -title or interest in
any of the premises covered by the Trust Deed; or should any condition or circumstance arise or exist at any
time by reason of governmental order, decree, regulation, shortage of materials, or for any other reason whatso-
e►er, which would prevent or preclude the construction and completion of the improvements in compliance with
the approved plans and specifications in an orderly and expeditious manner; or, if an FHA or VA Loan Commit-
has been issued on the property, should such commitment cease at any time to be in full force and effect;
then in any of such events, at its option, the Bank may, without notice:
(a) declare all indebtedness secured by the Trust Deed immediately due and payable and withdraw all sums
in the account and credit the same in such manner as it elects upon the indebtedness, and thereupon the
Bank shall be released from all obligations to the undersigned under this Agreement; such application shall
not operate to waive or cure any default existing under the Trust Deed or Note, nor to invalidate any
Notice of Default or any act done pursuant to such notice and shall not prejudice any rights of Beneficiary
or Trustee under the Trust Deed; or,
(b) take possession of the premises and let contracts for or proceed with the finishing of the improvements
and pay the cost thereof out of the funds in the account; should such cost amount to more than the balance
of the account, then such additional costs may be expended at its option by the Bank.
& In the event any liens or claims of lien are filed against the property, the Bank, after five (5) days' notice to
the undersigned of its intention so to do, may pay any or all of such liens or claims, or may contest the validity
of any of them, paying all costs and expenses of contesting the same, including reasonable attorneys' fees; all
payments to be made out of the account, and should such payments exceed the balance of the account, then such
additional amount may be expended by the Bank at its option.
9. The waiver by the Bank of any breach or brewhes hereof shall not be deemed to be or constitute a waiver of
any subsequent breach or breaches of the undersigned hereunder.
10. The Bank shall have the right to commence, appear in, or to defend any action or proceeding purporting to affect
the rights or duties of the parties hereunder or the payment of any funds in the account and in connection there-
with pay necessary expenses, employ counsel and pay his reasonable fee. All sums paid or expended by the Bank
under the terms of this Agreement in excess of the funds in the account shall be considered and be an additional
I= to the undersigned and the repayment thereof, together with interest thereon at the highest rate permissible
by law, shall be secured by the Trust Deed and shall be immediately due and payable without notice, and the
undersigned jointly and severally agree to pay the same.
11. This Agreement is made for the sole protection of the undersigned and the Bank, its successors and assigns, and no
other person or persons shall have any right of action hereon. Time is of the essence of this Agreement.
Executed this _.......... __.______.__day of._ .__.±
SM ZVOMTGAL LUTIMAM CEMM or am LM Oil=
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SECURITY FIRST NATIONAL BANK
By_..__...,. .......,.:. .. ._• ...... ...._...............__.........
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