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HomeMy WebLinkAboutD-2015-AH Temporary Encroachment within Public ROW APN 053-111-061Recording Requested by: Gallagher & Ashe PO'Box 216 Paso Robles, CA 93446 TOMMY GONG San Luis Obispo County—ClerklRecorder Recorded at the request of FIS MULTIPAY CREDIT/DEBIT AG 11/16/2015 10:06 AM When recorded mail to: 0 C # : 2015058333 Titles: 1 Pages: 3 City of San Luis Obispo Public Works Department Fees 20.00 Development Review Division Taxes 0.00 919 Palm Street Others 0.00 San Luis Obispo, CA 93401 PAID $20.00 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 of: All items in the "Public Right of Way" including but not limited to the `two foot slump wall', fences, landscaping and landscapinrequipment and/or structures. 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: Document # 20603 recorded July 30" 1971 at 12:40 PM 2. Assessor's Parcel Number: 053-111-061 Commonly known as 11245 Los Osos Valley Road 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 —i V _ day of Ma t 2015. Owner(s) or Authorized Agent: SEE ATTACHED FOR I NOTARY CERTIFICATE David Kuyendall Aq VED: / l Barbara Lynch, City ngineer City of San Luis Obispo (Authorization —Resolution No, 3897, 1979 Series) Ze�5--A," 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 before me, . �•� : ��t, r �:��,tt� �� 1�; t,� . Date ame an e or e Cmiper personally appeared, _ who proved to me on the basis of satisfactory evidence to be the person(i) whose namewuw& su ribed to the within instrument and acknowledged to me tha&6haJt�iey executed the same in&Kdlt_W authorized capacitykWo, and that by Ahgirr sign ature(Ol on the instrument the personK,, 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 Signature Ww* M. Traon x ConMdssion 0 2075978 t 7 Son Luis Obispo County f3 My Comm. Expires July 27, 2018 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 State of California } County of San Luis Obispo } On before me. Date Name and Hle o x: cer personally appeared, who proved to me on the basis of satisfac y evidence to be the person(s) whose name(s) is/are subscribed to the within instrument an cknowledged to me that he/she/they executed the same in his/her/their authorized capacity ' ), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon bof 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 a correct. WITNESS my hand and official seal Sig Lure Signature of Norary Pubilc Place Notary Seal Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 s )(AL(I LLL.L-D On 1 + S before me, YS �E9 w Date Here Insert Nam and Ti le of the Officer personally appeared 2-)(_" C Name(s) of Signer(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. q�+S�ig��ture c Signatu �of �otaryublic Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): . ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: �kez�z;'a�::c, et�K,�rr{'"."C"T:=4..-�C�' v'S'�+:�,�?"c4';•'^`�G"c,. _ ' `�:�`v:.����'6r`L�. - ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 END OF DOCUMENT