HomeMy WebLinkAboutD-2015-T Temporary Encroachment within Public ROW APN 001-263-006Recording Requested by:
Philip W. Siems and Megan M. Siems
1869 Corralitos Avenue
San Luis Obispo, CA 93401
When recorded mail to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
TOMMY GONG
San Luis Obispo County— Clerk/Recorder
Recorded at the request of
Public
DOC#: 2015057336
ASK
11/06/2015
3:15 PM
Titles: 1 Pages: 3
Fees
Taxes
Others
PAID
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 small retaining wall along the
western boundary line.
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. Legal: Lot 10 in Block 1 of Tract 43 (Mira Monte) in the City of San Luis Obispo, County of
San Luis Obispo, State of California, according to Map recorded January 21, 1947 in Book
5, Page 62 of Maps in the office of the County recorder of said County
2. Assessor's Parcel Number: 001-263-006
Commonly known as 1869 Corralitos Avenue, San Luis Obispo, CA 93401
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�, 2013.
20.00
0.00
0.00
$20.00
.7JOV�;- `7
Qwner
P ilip . ,Siems
On be alf of the Siems Family Trust
State of California }
County of San Luis Obispo }
iu_ Mitt'/
Megan - Siems
On behalf of the Siems Family Trust
2013, before me, � �s}in; , Notary Public,
personally appeared Philip W. Siems and Megan M. Siems who proved to me on the basis of satisfactory evidence
to be the persons(s) whose name(s) 1stare subscribed to the within instrument and acknowledged to me that
hefsk they executed the same in hisflk-dtheir authorized capacity(ies), and that by his/ke Itheir 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.
Ls W15
, Notary Public
Capacity claimcd by signer(s):
REBEKAH L. oSYINl
Commission * 2001529
•,� Notary Public - Cslifomia
,�
Sin Luis Obispo Cc•inly
My Comm. Expires Dec. 20 2016
( ) individual(s) () corporation () partnership () attorney -in -fact () political agency
APPROVED:
L
Barbara Lynch, Cit K ng' eer
City of San Luis Obispo
(Authorization —Resolution No. 3 897, 1979 Series)
State f California }( � e f- / ot�
County�San Luis Obispo }
personally appeare
name is subscribed to
by his signature on
instrument.
, 2013, before me,
Barbara Lynch who proved to me on the basis of
within instrument and acknowledged to me !)at
the trument the person or the entity upgrr bcli�
I certify under PENALTY OF
true and correct.
Witness my hand and official seal.
, Notary Public,
i actory evidence to be the person whose
executed the same in his capacity, and that
of which the person acted, executed the
under the of the State of California that the foregoing paragraph is
, Notary Public
ical agency State of
869\dev rev\Agreement for Temporary Encroachment
State of California
County of San Luis Obispo
On May 23, 2014 before me, Laurie L. Thomas, Nothe tary Public ,
Date Name and Title o Officer
personally appeared, Barbara L nch
ame 01 Signer
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 she executed the same
in her authorized capacity, and that by her 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.
Signature Q.'-w ,�Le
ignature of Notary Pub is
LAURIE L. THOMAS
Commission # 1966877
Notary Public • California
San Luis Obispo County
My Comm. Expires Feb 14. 2016
Place Notary Seal Above
7ND OF D000MF-qNF--