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Home My WebLink AboutD-2017-I Temporary Encroachment Within the Public ROW APN 003-613-0092017020558 Recording Requested by: Harold A. Lossing and Cinde L. Lossing When recorded mail to: City of San Luis Obispo Engineering Development Review Division 919 Palm Street San Luis Obispo, CA 93401 Tommy Gong San Luis Obispo - County Clerk -Recorder 05/11/2017 11:47 AM Recorded at the request of: PUBLIC Titles: 1 Pages: 4 Fees: $23.00 Taxes: 0.00 Total: 23.00 11119 ,N,� IN'Ill 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: hedges and walls. 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: I. Legal: See Exhibit A Assessor's Parcel Number: 003-613-009 3. Commonly known as 432 Buchon 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, Viand assigns. Dated this c' te day of .2017. Owner(s): Harold A. Lossing and Cinde L. Lossing, Trustees of the Lossing Living Trust, dated April 5, 2004, and all Successor Trustees Harold A. Lass' Cinde L. Lossing APPROVED: 2 �� Matt Horn, City Engineer City of San Luis Obispo (Authorization - Resolution No. 3897, 1979 Series) ZD1-7 - 1 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 f1 before me, U' ° LQ (AV\ I Date Name d Title of the Officer personally appeared, t 1 �`� D 1 L-b ,5 S} Yy Name of Sicnar(M who proved to me on the basis of satisfactory evidence to be the perso�tthe whose named'are su ibed to the within instrument and acknowled to me that ie)s executed he same in /their authorized capacity(ie�f, hi and that b Aheir signature on the instrument the person(, or the entity upon behalf of which the person(s) acted, execute 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. " ME[Com A�Nso #214LI 5834 R �► ' Notary Public - Calitomiai San Luis Obispo County ° ww My Contra. Expk" hk" it. 2M Signature cgnature f Nola XY 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 } f On Y 1 �, before me, V erA v) &tifli D'D��-Clr Date Nam and Title of the Officer r■ personally appeared, who proved to me on the basis of satisfactory evidence to be the pers.whose name f are subsc d to the within instrument and acknowledgeotme that -keel h t executed t esame in the taEir authorized capacity�i s}, and that by I�i#tom signature�on the instrument the perso j, or the entity upon behalf of which the persocted, 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. ^•. MEGAN ANGELI O'DWYER WITNESS my hand and official seal. 1 Caissfon02145834 IL F'Rti nmI Notary Public - califomia ry �' San Lufs Obispo County qn�/ � ' •• i:y �'.. MY Comm. Expinsa AAardt f 1, 2a70 Signature ignattir y 0 f'Notary Publi 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 validity of that document. State of California County of San Luis Obispo On May 8, 2017 personally appeared Matt Horn before me, 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. WITNESS my hand and official seal. OIANE 005TRLfl( Commission # 2138341 i Notary Public - California z San Luis Obispo County My Comm. Expires Dec 25. 2019 J Signature - _ _/(AAM I{, ` ; ; r: _ (Seal) Exhibit A Legal Description in Full 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 4 in Block 54 of the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to Map recorded May 1, 1878 in Book A, at Page 154 of Maps, described as follows: Beginning at the most Southerly corner of said Lot 4, also being the Northeast corner of Buchon and Carmel Streets; thence in a Northeasterly direction along the Northwesterly line of Buchon Street, 80 feet; thence at right angles Northwesterly 100 feet; thence at right angles Southwesterly 80 feet to the Northeasterly line of Carmel Street; thence Southeasterly along the Northeasterly line of Carmel Street, 100 feet to the Point of Beginning. APN: 003-613-009 END OF DOCUMENT