HomeMy WebLinkAboutD-2012-H Agreement Affecting Real Property and Permit Approval APN 052-136-001RecordingRequ.-eted by:
JULIE RODEWALD
San Luis Obispo County— Clerk/Recorder
Recorded at the request of
Public
RT
12/18/2012
4:28 PM
DOC#: 2012074236
When recorded mail to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
Titles: 1
Pages: 2
Fees
17.00
Taxes
0.00
Others
0.00
PAID
$17.00
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY AND/OR WITHIN A CITY
OWNED PARCEL
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: A retaining wall, maximum 3ft. in
height, a minimum of S ft. from the face of the curb.
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:
Legal: Lot 19 in Block 6 of Monterey Heights, in the City of San Luis Obispo, State of
California, according to map recorded September 23, 1925 in book 3 at page 66 of maps, in the
office of the County Recorder of said county.
2. Assessor's Parcel Number: 052-136-001
Commonly known as 88 Buena Vista Avenue 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. ff
Dated this /6 day of I,1ovr . 2012.
201 7 -ah
Owner: -
Ernest L Roide JV-,
State of California }
County of San Luis Obispo }
On 2012, before me, -IHA% 1 FEW- d oy e0S LAA.7 , Notary Public,
personally appeared Ernest I. Roid%ww l&proved to me on the basis oflatisfactory evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized
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.
WITNESS my hand and official seal.
JENNIFER JOY ROSLAN
COMM. # 1933672
Notary Public .� - NOTARY PUBLIC - CALIFORNIA�
c.� SAN LUIS OBISPO COUNTY n
COMM. EXPIRES APRIL 23, 2015 J
Capacity claimed by signer:
( ) individual(s) ( ) corporation () partnership () attorney -in -fact () political agency
APPRtOVED:
arbar eh, Ci Engineer
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,
personally 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.
ss m hand and official seal. " �- ANDREA M. MONTES
Comm. #1983482
Notary Public. California
Notary Public EST San Luis Obispo County
Comm. Expires June 28, 2016r
Capacity claimed by signer. ( X ) political agency State of California }
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