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HomeMy WebLinkAboutD-2017-S Temporary Encroachment within the Public ROW APN 052-571-036Recording Requested by: 2017042013 Tommy Gong San Luis Obispo - County Clerk -Recorder 09/19/2017 02:44 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 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: wooden retaining wall along Clover Drive frontage 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 17 of Tract 405 in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on map recorded in Book 8 of Maps Page 9 in the office of the County Recorder of said County. 2. Assessor's Parcel Number: 052-571-036 3. Commonly known as: 693 Pasatiempo, San Luis Obispo, CA This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this _ day of SROei q Lre r 2017. Owner(s): "0_e6 Jh,ts C. Vegher APPROVED: A-1*_ Matt Horn, City Engineer City of San Luis Obispo (Authorization -Resolution No. 3897, 1979 Series) Pamela A. Vegher 2-O l `I -S 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 Olbjiispo OnN W ,before me,� Date I c ve amenand itle of th fScOpersonally appeared, J Am e J V`elr who proved to me on the basis of satisfactory evidence to be the p1~ son whose names are- su scribed to the within instrument an acknowledge to me that shefthey-executed; a same in i lr authorized capacity(i ), and that by i signature on the instrument the person{ or the entity upon behalfof which the per on{ acted, execut�:,d the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. , 1EGANANGELIO'DWYER Commission N 2145OU WITNESS my hand and official seal. No"Public-CoMbrnla San Luls Obispo County 1y Comm. Ewk" tlilinslf 11, 2090 Signature , 5-na ire ❑ of ry u fir. 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 before me,41A f (TDMIENIO l tG ate ,, \f nn mean Title s e r personally appeared, hn) 6� A AU G Nam of ionerfs] who proved to me on the basis of satisfactory evidence to be the pers ) whose name�e� stare subsc i#i�d to the within instrument a aclfnowledged me that I'1W h # executed t same in -fits he t# authorized capacity w s), and that by�ri he _ttx4r signature on the instrument the person[,, or the entity upon beh If of which the person( acted, execut d the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSS my hand and official seal. Signature V ryna'.urn n ❑.ary io r MEGAN AN[3EU O'DWYER Commissbn #2145034 r$ r Nftry Public - Californis Sho Luis Obflpo County tt My Cornm. EWYw Mwd 11. 2020 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 September 13, 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. DIANE DOSTALEK WITNESS my hand and official seal. E4 Commission # 2138341 x `� Notary Public - California z San Luis Obispo County n My Comm. Expires Dec 25, 2019 Signature �IVVV (Seal) END OF DOCUMENT