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HomeMy WebLinkAboutD-2016-S Temporary Encroachment Within the Public ROW APN 052-123-002Recording Requested by: Bradley J. Lum CNIVEO SEP 0 6 2016 SLQ CITY CLERK wnen recoraea mail to: City of San Luis Obispo Engineering Development Review Division 919 Palm Street San Luis Obispo, CA 93401 2016034816 Tommy Gong San Luis Obispo - County Clerk -Recorder 07/21/2016 10:25 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 3 Fees: $20.00 Taxes: 0.00 Total: $20.00 1111 ��ti��'�� 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: fencing within the public right-of-way. 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: Legal: See Exhibit A 2. Assessor's Parcel Number: 052-123-002 Commonly known as 310 Graves 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 �5 day of JVo e 2016. Owner(s): Bradley J. Lum 47 City of San Luis Obispo +er Roberk C. Greev)(aw, Tnit►. Uty Eny;t)e-tr (Authorization -Resolution No. 3897, 1979 Series) zot(o - S WITNESS my hand and official seal. Signature r ,� i aturekQY Notary eulDiic 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, i g , at Name an Title of the ioer �,.,,, T personally appeared, �� LA PP " e of Signer(s)� who proved to me on the basis of satisfactory evidence to be the persono whose name(o is/,ara subscribed to the within instrument and acknowledged to me that hells4eA4ey executed the same in his/f heir authorized capacity(ies}; and that by his/ eir signature(sj on the instrument the person(511, or the entity upon behalf of which the person(�,facted, exeCLlted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. A2](N1i1FEE M71EEEII r COMM. #2070825 z Notary Public . California o San Luis Obispo County Comm. Expires hms 8 i8 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 JUI,y before me, D i( 11/C D g�/4 f a gy Name�1 i, of the Officer personally appeared, KORC97r C. G REDILA KI 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. WITNESS my hand and official seal. Ad3ftLDIANE DOSrALEK Commission # 2138341 Notary Public - California San Luis Obispo County z Signature �)�My Comm. Ex ifes Dec 25, 2019 i na re a a a y Pubi is Place Ntnry e Exhibit A Legal Description SAID PROPERTY IS LOCATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 8 AND 9 IN BLOCK 32 OF THAT PORTION OF THE PHILLIPS ADDITION TO THE CITY OF SAN LUIS OBISPO, SUBDIVIDED FOR EDWIN GOODALL, SEPTEMBER,1887, ACCORDING TO MAP RECORDED AUGUST 27, 1902 IN BOOK A, AT PAGE 162 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 9, AND RUNNING THENCE EAST ALONG THE SOUTH LINE OF MCC+OLLUM STREET, 100 FEET; THENCE AT RIGHT ANGLES SOUTH AND PARALLEL WITH THE EAST LINE OF GRAVES STREET, 55 FEET TO THE NORTHEAST CORNER OF THE LAND DESCRIBED IN THE DEED TO ROBERT B. PRICE, ET UX., RECORDED SEPTEMBER 13, 1950, IN BOOK 578, AT PAGE 378 OF OFFICIAL RECORDS` THENCE AT RIGHT ANGLES WEST ALONG THE NORTH LINE OF THE LAND DESCRIBED IN SAID DEED, 100 FEET TO THE EAST LINE OF GRAVES STREET; THENCE AT RIGHT ANGLES NORTH ALONG THE EAST LINE OF GRAVES STREET, SS FEET TO THE POINT OF BEGINNING. END OF DoCUMENT