HomeMy WebLinkAboutD-2017-E Temporary Encroachment Within the Public ROW APN 003-564-009Recording Requested by:
Darin Grandfield
Tommy Gong
San Luis Obispo - County Clerk -Recorder
01/32/2017 10:50 AM
Recorded at the request of
PUBLIC
When recorded mail to: Titles: i Pages: 3
City of San Luis Obispo Fees: $20.00
Engineering Development Review Division Taxes: 10.00
919 Palm Street Total : 20.00
San Luis Obispo, CA 93401 'III 191,��r'f��r�i�le"iil'�i�11
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 wi iln Ibe public rigbi-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: Exhibit A
Assessor's Parcel Number: 003-564-009
Commonly known as: 1690 Fairview Street, City of San Luis Obispo, CA, 93401
This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors,
administrators, and assigns.
Dated this - �3 f- day of t) &-eiE- 'l (3 E IR , 2016.
Owner(s):
Ifurin Grant field
APPROVED;
A ,
Matt Horn, Cfty-Engineer
City of San Luis Obispo
(Authorization — Resolution No. 3897, 1979 Series)
201-1 - E
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 b U.,Mb?A Z3 1O1bbefore me, �}OVI �� DID
Date I Namehirid
jTitleof tk Officer
personally appeared, G, ra, e 1 N
Name or Sigrner(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.
EVAN RAY DOTY
WITNESS my hand and official seal. Notary Public - California
Z , ^» San Luis Obispo County ;
x Commission # 2162988 a
Signature My Comm. Expires Aug 19. 2020
Signature Of N tary Pub is 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 5 2 01 before me, f Pa Sr A L [( aA.1=R P Y PUA14
a:e Name and T fib of the Officer
personally appeared, /h `-1-r k) R
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.
01A119 11:TALEi(
WITNESS my hand and official seal. Commission 1 213e341
4 Notary Public • California
San Luis Obispo County
I bi Comm. E iros Ore 25, 2
Signature -�
Sig ature of Notary Public Place Notary Seal Above
Exhibit A
Legal Description
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY
OF SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF LOT 9 IN BLOCK 2 OF THE BRECK TRACT, IN THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MARCH 7,-
1922 IN BOOK 3, PAGE I OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 9 AND RUNNING THENCE NORTH 50'
48' EAST ALONG THE SOUTHEASTERLY LINE OF SAID LOT, 100 FEET TO THE MOST SOUTHERLY
CORNER OF THE PROPERTY CONVEYED TO H.C. KINSMAN, ET UX., BY DEED RECORDED SEPTEMBER
20, 1928 IN BOOK 55, PAGE 73 OF OFFICIAL RECORDS; THENCE NORTH 43° 49' WEST ALONG THE
SOUTHWESTERLY LINE OF THE PROPERTY SO CONVEYED TO H.C. KINSMAN, ET UX., 50.01 FEET TO
THE NORTHWESTERLY LINE OF SAID LOT 9; THENCE SOUTH 50 48' WEST ALONG SAID
NORTHWESTERLY LINE, 100 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 9, THENCE SOUTH
43° 49' EAST ALONG THE SOUTHWESTERLY LINE OF SAID LOT, 50.01 FEET TO THE POINT OF
BEGINNING.
POND OF DOCUMENT