Loading...
HomeMy WebLinkAboutD-2016-A Temporary Encroachment within Public ROW APN 004-752-012Recording Requested by: TOMMY GONG RP San Luis Obispo County— Clerk/Recorder 1/22/2016 Recorded at the request of 4:10 PM Public Michael W. Draze and Dianne L. Draze 3380 Flora St. 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 D 0 C#: 2016003149 Titles: 1 Pages: 4 Fees 23.00 Taxes 0.00 Others 0.00 PAID $23.00 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. a maximum 3 fl. high retaining wall on the Colina Ct., Southwood Dr., and Flora St. frontages, as approved by separate encroachment permit for construction. 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 propel �y is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: l . Legal: As described in Grant Deed Doc# 2010051493 recorded at the County Clerk Recorder's office in San Luis Obispo, CA. 2. Assessor's Parcel Number: 004-752-012 3. Commonly known as 3380 Flora St., 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 1- day of _ "C— _bep— , 2014. ©1G--A Owner(s): Michael W. Draze Dianne L. Draze SEE ATTACHED FORM FOR State of California } NOTARY CERTIFICATE County of San Luis Obispo S�c�4'[TKr.4�d hCdT�Q-i cc:.� On 2014, before me, Nbtaiy Public, personally appea Michael W. Draze and Dianne L. Draze who proved to me on the basis of sfactory evidence to be the persons whoftnarnes. are subscribed to the within instrument and acknowledged ne that they executed the same in their authorix capacities, and that by their signatures on the instrument persons, or the entity upon behalf of which the persons ahQd, executed the instrument. I certify under PENALTY OF PERJ Y under the laws of the Stat California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. . Notary lie ( ) individual(s) _(,�orporation ( ) partnership ( ) attorney -in -fact ( ) APPROVED; Git- L Barbara Lynch, City E neer City of San Luis Obispo (Authorization —Resolution No. 3897, 1979 Series) State of Carrfq County of San On personally appeared, Barbara L h name is subscribed to the within ins capacity, and that by her signature on executed the instrument. , 2014, before me, Notary Public, who proved to me on the basis of satisfact evidence to be the person whose en# and acknowledged to me that executed the same in her authorized the ' trutnen# the person or th ttity upon behalf of which the person acted, I certify under PENALTY OF PERJURY under the true and correct. Witness my hand and official seal. Signature ofNompylublic of the State of California that the foregoing paragraph is 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)S NOV• �(��� before me, ~�. /�IMcVis- D-vf l Date Name ana I Me of e unicer personally appeared, l a►� r� e 1, ra 2e� who proved to me on the basis of satisfactory evidence to be the perso whose name( is/are subscribed to the within instrument and acknowledged to me that 441she/t y executed the same in hid/her/weir authorized capaciry(je's), and that by f ieher/tMir signature on the instrument the person(d), or the entity upon behalf of which the person?l 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. }tik.R,r N i� E. ALMQUIST WITNESS my hand and official seal. commission # 2129381 p +� Notary Public - California ai + San Luis Obispo County / � / /�j - My Comm. Expires Oct. 8, 2019 Signature ('�J ; Signature otNotary 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 O before me, Date am a i e Ottme utficer personally appeared,. 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.,, , �r PHYLLIS ANTHONY SIMPSON WITNESS my hand and official seal. ; r Commission # 2069198 a WINCOMO=LA-23.2018 #I wy public • Mornla San Luis owpc County + SbhSign�tti l aturnf "Irr Pubtic I Place Notary Seal Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sy►r,1 i o9_;iSP Q On _Vo - kip ._tea t_%i before me, CL4 � -.c PA.tsU S^4 ^pg Date Here Insert Namo and Tilla of Ilse DSlllc*r personally appeared Name(s) of Signer(s) CHRISTIAN PAUL SALGAD4 Commission # 1993193 z Notary Public - California z z• Santa Barbara County r My Comm. Expires Nov 2. 2016 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/m:e subscribed to the within instrument and acknowledged to me that hels4ekhey executed the same in his/her/heir authorized capacity(ks), and that by histhcWtheir signature(( on the instrument the person(s), or the entity upon behalf of which the personH 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. Signatur Slgnalure of Nnlary Put>>f�� OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: AC2 5HE--s'r �F ter~ I At,r S� 2t�c►�T Document Date: % c> . %. O -70 t 1­4 Number of Pages: 7 Signer(s) Other Than Named Above: ruba. Capacity(ies) Claimed by Signer(s) Signer's Name: t�s e E _ Signer's Name: B'Tndividual ❑ Individual ❑ Corporate Officer — Title(s): _ I❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ElLimited ❑ General ❑ • Attorney in Fact ❑ Attorney in Fact • ❑ Trustee Top of thumb here ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave„ P.O. Box 2402 -Chatsworth, CA 91313-2402 • www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1-800-876-6827 END OF DOCUMENT