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HomeMy WebLinkAboutD-2017-Q Temporary Encroachment within the Public ROW APN 003-613-0092017028551 Recording Requested by: Tommy Gong San Luis Obispo - County Clerk -Recorder 06/28/2017 01:40 PM Recorded at the request of: When recorded mail to: PUBLIC City of San Luis Obispo Titles: 1 Pages: 2 Engineering Development Review Division Fees: g 17.00 919 Palm Street Total: 1117.00 San Luis Obispo, CA 93401 'III 99RISM'1#3111 IIAGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY 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 pergola and a 3'0" maximum height fence. 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: The property as described in Exhibit "A" of the Deed of Trust, Doc No: 1999-009207, recorded in the County of San Luis Obispo on Feb. 5, 1999. 2. Assessor's Parcel Number: 003-613-014 Commonly known as 480 Buchon in the City of San Luis Obispo, California. This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this +h day of Mne, .12017. Owner(s)- hill Ranelletti Aldy kanellettr Rki� WilJ;am APPROVED: 9d 9�_ Matt Horn, City Engineer City of San Luis Obispo (Authorization —Resolution No. 3897, 1979 Series) 2- 01,-1 - 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 [a 1 Jr 201 `7 before me, ,,, 5 `f? b i c, al Name and Tlflethe Ofter personally appeared, V ee +i e 4-:1 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. RYAN SEDLEY Commission # 2065142 Mwary Public - California a Signature San Luis Obispo County 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 23 e I j before me,��10 i 6 ,p 6J--( � (r��IV rlCO R y _ems L,( Name an e o 'a�icer personally appeared, AN- AT( � 1 G r N , Name o $ gnor(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. [)LANE ❑OSTALEK WITNESS my hand and official seal. Commission # 2138341 i Notary Public -California San Luis Obispo County M Comm. Ex ires Dec 25, 2019+ Signature _ i.'azure a is Place Notary Seal Above END OF DOCUMENT