HomeMy WebLinkAboutD-2012-F Agreement Affecting Real Property and Permit Approval APN 002-425-010Recording Requested by:
Howard Carroll
JULIE RODEWALD
San Luis Obispo County— Clerk/Recorder
Recorded at the request of
Public
RT
12/18/2012
4:33 PM
When recorded mail to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
o d: 2012074238
C�iald�IIMIIN�IiVIVY�nYIu
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY
Titles: 1 Pages: 3
Fees
20.00
Taxes
0.00
Others
0.00
PAID
$20.00
FOR AND IN CONSIDERATION of the issuance of a revocable permit to allow an encroachment
temporarily within the public right-of-way, said encroachment consisting of. Freestanding landscape planters
located on the public sidewalk at various locations along the building facade. Maintenance of the planters is
the responsibility of the property owner. The planters shall be located up against the building as close as
practical to the building facade. The locations shall be offset from street signs, trees, or other fixed public
appurtenances to maintain adequate pedestrian clearances. The plantings shall be maintained and generally
contained within the planters without significant projection of any woody, barbed, or thorny plants.
Watering shall be managed such that no runoff is produced. Staining or algae growth on the adjoining
sidewalk shall be controlled and sidewalk cleaning shall be provided when warranted.
The undersigned owners of the real property hereinafter described, hereby covenant with the City of San Luis
Obispo to remove said improvements without cost to said City upon thirty (30) days written notice, which may be
given by the City at any time at its sole option and discretion.
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 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:
1. The parcel of land described in the Grant Deed recorded as Doc. #2003103259 on September 10,
2003 and on file in Office of the County Recorder of said County.
2, Assessor's Parcel Number: 002-425-010
Commonly known as 895 Monterey, 1009, 1019, & 1021 Morro in the City of San Luis Obispo
This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors,
administrators, and assigns.
Dated this s day of cje%N%LCl— ., 2012.
2012 - F-
Owner:
L�
Howard k. Carroll, Trustee
of The Howard E. Carroll Family Trust No. 1
State of California }
County of San Luis Obispo }
On tS, 2012, before me, D& in, A�/) , Notary Public,
personally appeared Howard E. Carroll who proved to me on floe 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 the entity upon behalf of which the person(s) 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.
WITNESS my hand and official seal.
Notary Public
Capacity claimed by signer(s):
DF.BORAH J. CASH
Commission # 1898664
a Notary Publlc - California z
San Luis Obispo County w
MY Comm. Expires Aug7, 2014
( ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency
APPROVED:
"-7_2 -
arbara Lyn , City Ej&ineer
City of San Luis Obispo
(Authorization —Resolution No. 3897, 1979 Series)
State of California }
County of San Luis Obispo }
On 2012, before me, Notary Public,
personal y appeared, Barbara Lynch who 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.
W n ss my hand and
rr official seal. A , M�hgUF� I F5
�L 1ry1ry 1 C•,rn ��a7$.3 i$2
�1f me, Not,i'y r. d 'flrrLlB
Notary Public San • U t ounty
Comm r :• s , -no M 2016
Capacity claimed by signer. ( X ) political agency State of California }
G:\permits\streets\morro\895\covenants & agreements\...........
GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the
document to which this statement is attached reads as follows:
Name of Notary
n-1 e.s
Name of County5�,n Lu5 0&5p�
Date Commission Expires
Commission#
Signature of person (firm name if
any) making verification
Date
Location c., �
(City)
State of California
END OF DOCUMENT