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Home My WebLink AboutD-2016-Q Temporary Encroachment Within the Public ROW APN 004-782-012Recording Requested by: Jeanie M. Cross and Matthew W. Cross 2016033375 Tommy Gong San Luis Obispo — County Clerk —Recorder 07/14/2016 01:00 PM Recorded at the request of: PUBLIC When recorded mail to: Titles: i Pages: 4 City of San Luis Obispo Public Works Department Fees: $23.00 Development Review Division Taxes: 0.00 919 Palm Street Total: 123.00 San Luis Obispo, CA 93401 'III ��IFN Ft�V11 ��,,��'I II 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 block wall and steps. 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 prorert-y is located in the City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: I. Legal: See attached Exhibit "A" 2. Assessor's Parcel Number: 004-782-012 Commonly known as 2518 Augusta Street 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, a drni.tistrators, and assigns. Dated this 1 2 day of _ Owner M. Crass .�teCH ►'�1G APPROVED: 1 Barbara Lynch, b0f En ' eer City of San Luis Obispo (Authorization — Resolution No. 3897, 1979 Series) 12016. atth iv W. Cross ZD16-Q Exhibit "A" Legal Description A.P.N.: 004-782-012 Real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, described as follows: THAT PORTION OF LOT 26 IN BLOCK 3 OF GOLDTREE VINEYARD TRACT, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED SEPTEMBER 30, 1893 IN BOOK 1, PAGE 14 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE NORTH 360 25' WEST ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 66 FEET; THENCE NORTH 530 35' EAST, 100 FEET TO THE SOUTHWESTERLY LINE OF THE PROPERTY CONVEYED TO RUSSELL HARP, ET UX, BY DEED DATED OCTOBER 23, 1946 AND RECORDED IN BOOK 426, PAGE 196 OF OFFICIAL RECORDS; THENCE SOUTH 360 25' EAST ALONG SAID SOUTHWESTERLY LINE, 66 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT; THENCE SOUTH 53° 35' WEST ALONG SAID SOUTHEASTERLY LINE, 100 FEET TO THE POINT OF BEGINNING. 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 _1 7!arN �S On VW"A 9 LZ)�O before me, Date Here Insert Name and Title of the Officer personally appeared C' a,-\& A- V. W C'xb�S Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person whose Warn [s is ar s subscrib�to the within instrument and acknowledged me that h�Ishelk executed the same i hislherlt authorized capacity(ind that by hislherl a signature n the strument the perso s), or the entity upon behalf of which the persor (9cted, executed the instrument. ELIIABETH ALEXANDRA LABIA Cornmiealon N 1131121 NWWy Pubk - California San Luls Obispo Cowan M I Carnnl. Ex ire6 Jan 21, 2020 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my han and off I. Signature Sign t e of Not 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: Number of Pages: Document Date: 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: 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ACKNOWLEDGMENT 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 June 15, 2016 before me, personally appeared Barbara Lynch Diane Dostalek, Notary Public (insert name and title of the officer) 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. DIANE OOSTALEK WITNESS my hand and official seal. Commission * 2138341 Notary Public - California San Luis Obispo County END OF DOCUMENT