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HomeMy WebLinkAboutD-2016-AC Agreement Affecting Real Property and Permit Approval APN 004-523-0112016059061 Tommy Gong Recording Requested by: San Luis Obispo - County Clerk -Recorder Scott Merson and Elizabeth Merson 11/08/2016 04:03 PM Recorded at the request of: PUBLIC When recorded mail to: Titles: 1 Pages: 3 City of San Luis Obispo Fees: $20.00 Engineering Development Review Division Taxes : $0.00 919 Palm Street Total: 20.00 San Luis Obispo, CA 93401 11119 F 90, 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 wall 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: LOT 11 IN BLOCK C OF TRACT NO. 166, ROYAL HEIGHTS, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MAY 11, 1961 IN BOOK 6, PAGE 55 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 2. Assessor's Parcel Number: 004-523-011 Commonly known as 3197 Flora 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 Vday of LOVF_M(�EfL2016. Owner(s): e[ �---� Scott Merson Elizabeth Merson APPROVED: Matt Horn, City Engineer City of San Luis Obispo (Authorization - Resolution No. 3 897, 1979 Series) 2011e - A Q 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 Mbefore me, RL61(c , Date Name and Title of the Officer personally appeared, SGa�L )1) dV M(1/L Mkv50-/� Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the p rson(�whose name( i tare sub cribed to the within instrument and acknowledged to rr thatRl;i; iA rey executed the same in II Ihffltheir authorized capacity4is*, and that by MI wnhei•r 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. KRISTIN MCRITCHIE? NOTARYPPBLIC CALL ORNIA WITNESS my hand and official seal. SAN LUIS OBISPO COUNTY A COMM. EXPIRES DEC. 2017 ; Signature M � Signature of Notary Public Place Notary Seal Above A Notary Public or other officer completing this certficate 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 d before me, N CR-4C)AAI�e not Dale w w nName and Title of a Of6rer personally appeared, �t�,� `'� A�L-,, I"►�/��^ 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. *- QRISTIN MCRITCHIEk UCOMM. # 2051654 WITNESS my hand and official seal. [NOTARY PUBLIC-CALIFORNIASAN LUIS OBISPO COUNTY n s COMM. EXPIRES DEC. 13, 2017 i • — �av�ypv�r� Signature Signature of Notary Public Place Notary Seal Above 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 validitv of that document. State of California County of San Luis Obispo On November 8, 2016 before me, Diane Dostalek, Notary Public (insert name and title of the officer) personally appeared Matt Horn 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. OIANE DOSTALEK WITNESS my hand and official seal. ¢ Commission * 2138341 Notary Public - California Zia San Luis Obispo County M Comm. Exalm OIC 25, 2019 Signature "Mn ok;ry—fA� (Seal) END OF DOCUMENT