HomeMy WebLinkAboutD-2016-G Temporary Encroachment within Public ROW 907 Rachel Court2016010192
Recording Requested by and
When Recorded mail to:
Tommy Gong
San Luis Obispo - County Clerk -Recorder
03/09/2016 10:19 AM
Recorded at the request of:
PUBLIC
City of San Luis Obispo Public Works Department
Titles: 1 Pages: 7
Development Review Division Fees: $32.00
919 Palm Street Taxes: 0.00
San Luis Obispo, CA 93401 Total: 132.00
1111 %R K Ow Ir
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 -
Private landscaping, irrigation, retaining walls, drainage facilities (including drainage
structure, drainage inlets, storm drain line and overland escape rock -lined swale) at the
end of Rachel Court as shown on the improvement plans for the SLO Terrace project at
907 Rachel Court.
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 one -hundred
eighty (180) 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:
See Exhibit A-1, attached hereto, for legal description and Exhibit A-2, attached
hereto, for graphical depiction.
7QN(-"G
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this (�Lffh day of b Y - , 2015.
Owner(s):
MI SLO TERRACE, LLC
A Delaware limited liability company
By: MI BUILDERS, LLC
A Delaware limited liability company
Its: Manager
By: GGCCB, LLC
A California limited liability co parry
Its: Opepwfl ' MANA�R
N W_000�d����
Name: Gary Grossman
Title: Managing Member
lBrrtE. Bargenquast
APPROVED:
Barbara Lynch, Ci Engineer
City of San Luis Obispo
(Authorization —Resolution No. 3897, 1979 Series)
ti
CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
NOTICE: THIS CONSENT AND SUBORDINATION OF TRUST DEED BENEFICIARY
RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY
BECOMING SUBJECT TO THE AGREEMENT OF THE FOREGOING INSTRUMENT
The undersigned beneficiary, under that certain deed of trust recorded on February 6, 2015, as
Document No. 2015-005219, in the Official Records of the County of San Luis Obispo, does
hereby join in, and consent to, each and all of the terms and provisions of the within instrument,
and does hereby subordinate its interests to the entire effect of this instrument. In this regard, the
undersigned does hereby agree upon request of any insuring title company to direct the trustee
under said deed of trust to execute and deliver to the County in recordable form acceptable to
such insuring title company partial re -conveyances as to any rights granted and to be granted to
the City of San Luis Obispo pursuant to this instrument.
Dated: � a 11
TRUST DEED BENEFICIARY
Wells Fargo Bank, National Association
By: _ �
Name: t
Its: 4�
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 Bela-L+�I+s-Obistao. }
On before me, i�a�►�1 R✓0 , 7� �a!�''� ���1C�
Date Name and Title of ! Ofltc^er 1—
personally appeared, t C
'Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person( whose name( islw6
subscribed to the within instrument and acknowledged to me that hdllshelt�y executed the same in
Vs/her/their authorized capacity(ilas�), and that by hj4lherlth�fir signature(s) on the instrument the
person(s/, 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.
KATVA HARo •.
WITNESS my hand and official seal. _ comm. #2011778
NOTARY PUBLIC . CALIFORNIA
LOS AWEiES COUNTY C
����� My Commission Expires 0311412017 Cm
Signature rr�,�•_ 1 ► 'wC�l�;•••••1••••••••••••••�•••••••••••••••�
Signature of Notary 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^'�ljl 6 lit✓+' bXIg2bY- before me, 4 nf - ejO1Ft a — W►'ZI AW ,
Date Name and We of the Office
personally appeared, l-`T
m"-
Name of SignerK
who proved to me on the basis of satisfactory evidence to be the person(Z) whose name(g) is/aye
subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in
his/herfthe r authorized capacity(ies), and that by his/heN{Heir signature(&) on the instrument the
person(&), 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. ANTONETTE COROOVA
Commission # 1993635
WITNESS my hand and official seal.+: _ Notary Public California
z Santa Barbara County
My Comm. Expires Oct 11, 2016
Signature
Signature of Notary 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 � ,� . 14. b , before
Date , ame andl Itie of the Oificer t✓
personally appeared, _ /N
Name 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.
PHYLLIS ANTHONY SIMPSON
WITNESS my hand and official seal, commission # 2069198
_ Notary Public - California z
San Uls Obispo .ON"
Conn► iris 23 20i8
Signature �x R;'
Signature of No ry o c 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 04 btK 13 goIIS before me, AA TWt4iLO bf-d0ye, -uot-y PtihLi:&
Date Name and Title of the Officer
personally appeared, r +r l�'� �: • itJvq if u Q.
N e of Signers)
who proved to me on the basis of satisfactory evidence to be the person(o) whose name(&) islaw
subscribed to the within instrument and acknowledged to me that he/akeMtey executed the same in
his/hoAF3e4r authorized capacity{a , and that by his/4arAhair signature(s) 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
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
Signature of Notary Public
of the State of California that the foregoing
7 , AN'rONETTE CORDOVA
Commission # 1993635
Notary Public - California x
a r
x Santa Barbara County
My Comm. Expires Oct 11, 2016
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 Oda bW 13, 'M1 before me, i�7? IDrtG46 � rdo✓& - No �y Pw61►�
Date , —' Name and Title of the Officer
personally appeared,
Name
who proved to me on the basis of satisfactory evidence to be the per o*) whose name) is/are
subscribed to the within instrument and acknowledged to�n a that tklep executed the same in
er iir authorized capacity(ie&), and that by If�erXthgi signa ure(s) on the instrument the
person(s), 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.
ANTONETTE CORDOVA
Commission # 1993635
WITNESS my hand and official seal. a" Notary Public - California z
Santa Barbara County
My Comm. Expires Oct 11, 2016
Signature IV -_
Signature of Notary Public Place Notary Seal Above
EXHIBIT A-1
LEGAL DESCRIPTION
Real property in the City of San Luis Obispo, County of San Luis Obispo, State of
California, described as follows:
LOTS 1 THROUGH 14, INCLUSIVE, IN BLOCK 15 OF BUENA VISTA ADDITION TO THE
CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED
OCTOBER 20, 1887, IN BOOK A, PAGE 47 OF MAPS.
TOGETHER WITH THAT PORTION OF BUSHNELL STREET ABANDONED BY THE CITY
OF SAN LUIS OBISPO BY RESOLUTION NO. 5865 RECORDED JANUARY 13, 1986 IN
BOOK 2790, PAGE 696 OF OFFICIAL RECORDS, WHICH WOULD PASS UNDER SECTION
831 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, BY CONVEYANCE OF SAID
LAND DESCRIBED ABOVE, ADJOINING SAID LAND ON THE EAST.
SAID LAND IS ALSO DESCRIBED IN CERTIFICATES OF COMPLIANCES RECORDED
MARCH 20, 2013 AS INSTRUMENT NO. 2013015749 THROUGH INSTRUMENT NO.
2013015762
Together with
LOTS 13 THROUGH 18, INCLUSIVE, IN BLOCK 11 OF BUENA VISTA ADDITION TO THE
CITY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED
OCTOBER 20, 1887, IN BOOK A, PAGE 47 OF MAPS.
TOGETHER WITH THAT PORTION OF BUSHNELL STREET ABANDONED BY THE CITY
OF SAN LUIS OBISPO BY RESOLUTION NO. 5865 RECORDED JANUARY 13, 1986 IN
BOOK 2790, PAGE 696 OF OFFICIAL RECORDS, WHICH WOULD PASS UNDER SECTION
831 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, BY CONVEYANCE OF SAID
LAND DESCRIBED ABOVE, ADJOINING SAID LAND ON THE EAST.
TOGETHER WITH THAT PORTION OF LELAND TERRACE ABANDONED BY THE CITY OF
SAN LUIS OBISPO WHICH WOULD PASS UNDER SECTION 831 OF THE CIVIL CODE OF
THE STATE OF CALIFORNIA, BY CONVEYANCE OF SAID LAND DESCRIBED ABOVE,
ADJOINING SAID LAND ON THE NORTHEAST.
SAID LAND IS ALSO DESCRIBED IN CERTIFICATES OF COMPLIANCES RECORDED AS
INSTRUMENT NO. 2013015763 THROUGH INSTRUMENT NO. 2013015768
The above described property is shown graphically on Exhibit A-2 attached hereto and
incorporated herein.
4/23/2015 2:08 PM
M:\12-141 Rachel Court-SLO Terrace\Legal
Randy Ellison
2 pr7�
,22•
-ry Legal Description.docx
Page 1 of 1
EXHIBIT
_i
A-2
RACHEST.
0
a
I
f
MICH
L B. STANTON, PLS 5702 GRAPHICSCALESC 8
3563 0 160
LJ�V" ^I —II o 3563 SUELDO ST. UNIT Q
SAN LUIS OBISPO, CA 93401 1 inch = $0 feet
WWAVANI■ 805-594-1960
April 23, 2015 JOB 12-141 8-ENTIRE PROPERTY
FNn np nnnj mAmr r