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HomeMy WebLinkAboutD-2017-AC Agreement Affecting Real property and Permit Approval 222 Foothill Blvd.2017052099 Tommy Gong San Luis Obispo - County Clerk -Recorder 11/13/2017 02:41 PM Recording•Regnested by: Recorded at the request of: PUBLIC Titles: 1 Pages: 3 When recorded mail to: Fees: $20.00 Taxes: 0.00 City of San Luis Obispo Total: 120.00 Engineering Development Review Division Palm Street �t% � I I' 1111P, San Luis Obispo, CA 93401 San ` i a [111111 AGREEMENT 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 rigbt-of-way, said encroachment consisting of: (1) 4 ft. cylindrical antenna, (4) Remote Radio Units (RRUs), (1) pole -mounted cabinet, and (1) meter pedestal installed with approved plan number FMAP-0390-2017. The undersigned owner of this infrastructure, hereby enters a covenant with the City of San Luis Obispo to remove said improvements without cost to said City upon one hundred eighty (180) days written notice, which may be given by the City at any time at its sole option and discretion. If the owner of infrastructure 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 owner of the infrastructure. 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: Infrastructure described above is installed within the right-of-way on Foothill Blvd., in front of 222 Foothill Blvd. 7 AirTouch Cellular Inc., a California corporation, Dated this day of C 0174cL , 2017. d/b/a Verizon Wireless By:-;�S­6�-q �4t(,P4,4 A>'PR�n: att Horn, City Engineer City of San Luis Obispo (Authorization —Resolution No. 3897, 1979 Series) ZDl-1 -AL A Notary Public or other officer completing this certificate verifies only the identity of the individual who sigpoufhe document to which this certificate is attached and not the truthfulness, accuracy, or validity of that do ant. Staf a of California County � fit mtv'D of. � �`^�J On before ❑ale personally appeared, Title of the Mar who proved to me on the basis of satisfact evidence to be the person(s) whose name(s) is/are subscribed to the within instrument an cknowledged to me that he/she/they executed the same in his/her/their authorized capacity , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon b f of which the person(s) acted, executed the instrument. . I certify under PENA OF PERJURY under the laws of the State of California that the foregoing paragraph is tru "and correct. WIT my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above A Notary Public or other officer completing this certiflcate 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 '3 I ' , before me, .n fA i'Itr n u rA (-�K rag-PU Datd Name and Title bf the officer personally appeared, A) A J-T_ H 6 A/ 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. DIANE DOSIALEK WITNESS my hand and official seal. Commission #r 2138341 Notary Public - California a San Luis Obispo County Signature My Comm. Ex fires Dec 25, 2i119 Sigrat.ure uf. NoLary 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 Californi County of On 0QjQ1Xr S JN+ before me, (here insert name and title of officer), personally appeared 6CO 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 sea Signature (Seal) A. R. KHU9E-LUDTKE Comrnission V 2104180 z ONZE's Notary Public • California aContra Costa County w MY Comm, Expires Mar 22. 2019 00 OF DOCUMENT