HomeMy WebLinkAboutAgreement for Temporary Encroachment 20222022047603
Recording Requested by and E 1 a i na Cano
When recorded mail to: San Luis Obispo - County Clerk -Recorder
City 12/09/2022 11:20 Am
San CONFORMED COPY
Engineering Development Review Division
919 Palm Street
San Luis Obispo, CA 93401 Copy of document recorded.
Has not been compared with original.
No fee pursuant to Government Code § 6103
No Documentary Transfer Tax perR&T Code § 11922
No Recording Fee per Government Code § 27383
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY
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 o£ a maximum 1'9" high wall behind
the back -of -.sidewalk, encroaching approximately 3" into the public right of-nv% shown hi FNCE-0130 2021.
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 attorneys 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. Legal: See Exhibit A
2. Assessor's Parcel Number: 004-442-038
3. Commonly known as 1464 Gulf Street, San Luis Obispo, CA 93405
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 _ag 2022.
Owner: (verification of legal owner, holdings, and signature authority required)
nathan Otcott
APPROVED:
;r�ian Nelson, Deputy Director of Public Works/City Engineer
City of San Luis Obispo
(Authorization —Resolution No. 3897, 1979 Series)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On A14 ' %:y �4 d 4 1� , before me,
Dale
TRACYJ. CHrrWOOD
Name and T€!le of the Officer
personally appeared, Q.(/I r14 /I L e 19
Name of 5igner{s)
notary public,
who 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.
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. 1,7tTRAcyi. cHi7w000
. Notary Aubur - California
`^ - San Luis Obispo County
6 ✓ ri Carom€ssinn M x375388
Y� '! G * f '"Y comm. F� �fres Oct i �. 2025 Y
Signature �
S atu ❑ aly Public Place Notary Seal Above
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document.
State of California }
County of San Luis Obispo }
On 1. , before me, ILI
■►r. . a.•.� notary public,
Date Name and TUe of the GfTk,,er
personally appeared,
Name
Wgner(s)
who 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.
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.
Signature '
4�LZ-'tua-N,41a,lIffc
' KEVIN R. CHRISTIAN
t' r Notary public - California z
x San Luis Obispo County >
x Commission # 2302534
My Comm. Expires Aug ZZ, 2023
Place Notary Seal Above
Exhibit A
Legal Description in Full
For APN/Parcel ID(s): 004-442-038
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
LOT 38, OF TRACT 262 IN THE CITY OF SAN LUIS OBISPO, THE COUNTY OF SAN LUIS
OBISPO, THE STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 6, PAGES 83
INCLUSIVE OF MAPS IN THE OFFICE OF THE SAN LUIS OBISPO COUNTY RECORD.