HomeMy WebLinkAboutD-2018-B Temporary Encroachment within the Public ROW APN 001-270-012RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
Tommy Gong
San Luis Obispo - County Clerk -Recorder
01/24/2018 04:06 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 4
Fees: $0.00
Taxes: 0.00
Total: 0.00
No fee pursuant to Government Code § 6103
No Documentary Transfer Tax per R&T Code § 11922
No Recording Fee per Government Code § 27383
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL
FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC
RIGHT-OF-WAY AND/OR WITHIN A CITY OWNED PARCEL
(18�1 cowej-o mv6ffuI-)
Recording. Roquested by:
Ronald F. lisynn Ad ion Wiegand Haynes
When recorded mail to:
City of San Luis Obispo
Engineering Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
AGREEMENT AFFECTING RJKU, PROPERTY AND PERMIT A11PROVAL FOR
TEMPORARY ENCROAC14,MENT WITHIN THE PUBLICRIGHT-Of-WAY ANDIOR WITHIN A CITY
OWNED PARCEL
FOR AND N CONSIDERATION oaf the issuillicc Of a rV10c,1bk PeTT'lit to allow art encroachment
temporarily within the public said cricroachmerst consigirit i g of,, walkway andweps.
Tlw undersigned owners regi property here.'Ballcr sJe!icy;bed, llefebY covCnaW w'thlhe City ol'San Luis
Obispo to retnow said IJTWW�111011ts Withamcb-st to said City upon thirty (30) day2i Writtni notice, which may be
given'14y the City at any tifile at its sole option and discretion,
If the owner of the property described below does riot r;,:�jnovc the encroachmew herein wheat requested
by the City, City may proceed to rquire Ntlloval under flutMunicipal Code na-7aneQ provjsion� aild to assess the
oast of said removal against the realproporty de�serlbcd hercin. Owners fircther auknowlcdgo. , that, in (lie event of
such rern9val by City, City is not liable forMly darnages to the encroachinent or ;u :any adjacent real or persortal
property.
Owner further agrees to hold harmless City frorn any claims, suits or lossc� of any kind alleged tollimve arisen out of
the maintenance or placement of,,iaid encroachment =d to inner nify
relating to said claims, suits or losses, including :attorneys fees,
City fOr any mid all i;osls otjudgments
Said property is located in the City of Sat-, Luis Obispo, Counly of San Luis Olbispo,, Staw t)fCaJjfo,nia,, and is
dcseribcd as follows:
Legal: See Uxhibit A
2, Asse,&r's Parcel Nwnbcr- 100t-270-W2
Commonly known iiis 1821 Cotiejo Aventic in the City of San Luis Obispo
This covenant shall ran with th., land and shall be bWbng upon Lhe unde-tsignedowflefs, tjjeir heir,& executors,
administrators, and assignq
Dated this, day ulcer jdLL,,—t.,cd,-r•
Owner(s). Ronald F. Haynes and Jan Wiegand Baynes, Trustees of the IfAYUS — Wlegand Revocable Trust
nald ownie J31i WiQeard flayne
APPROVED,
Mott liorri, City Engineer
City of San Luis Obispo
(Authori;zzi6ou— Resoiutioa No. 3897, 1919sotios)
A Notary Public or other officer corrplelineg this cartificate verifies only tfie icteritrty of the rridividual who signs i the
document to which this certificate is atta€:hod acid not the truthfulness, accul acy, or validity of that document.
State of Califomia }
County of San Luis Obispo } r
On +�j b before me,kf
�j � �K•
11411u Arrro and�a a n f
personally appeared, IMAI l i"• �(%� Y\tS AV4 `. a" W) e-
U►�Y/�
—.—......,_.... Yc o "a q S
who proved to me on the basis of satisfaction/ evidence to be the perso { base ndm s V rg�
subscribeo the within irlstrurrlerlt acknowledged to at he�#re. h exec�.lted the same
in hit utt>otized capacity(ies) and that by he' signatur n the instrument the
persa (s a entity upon behal hich the perso {S} ad, execute a snstrurtiPnt.
t certify under PENALTY OF PERJURY ender the laws of the State of California that this foregoing
paragraph is true and correct.
46"
-6AN ANGELI O'1 E-R I
WITNESS my land and official seal° cvmmieionM2145834Notary Public - Caiiibmia
San Luis Qbiw County
Comm. Expires hMrch 11. ?t}20
�It�ndtt�t
A Notary Public o., other officer completing thiy ver�tifica€e v&rifivs orriy the idsntity Of the .individival who signed the
docurnOtit to aa°tt 0 this cortifiicate is attachod and not the truthtaines&, 4cxurocy; or vaNdity of that document,
State of California }
County of Sari Luis Obispo }
On. �ZCS_i�._ , before itie,-L�y�.MLrC
a:n�� aria i;1o, � 1 UQr --
personally appeared,
who proved to me on the basis of satisfactory evidence to be the, person(s) whOSe name(S) islare
subscribed to the within instrument and acknowledged to nie that helshelthey executed the Barrie
in hisiherltheir authorized capacity(les), 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 instrur33ent,
l certify tender PENALr. OF PERJURY under the laws of the States of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
<: gg SL<! L
DIANE OOSTALEK
Commission # 2138341
i Notary Public - California
a San Luis Obispo County
My Comm. Ex Tres Dec 25, 2019 t
Exhibit A
Legal Description in Full
.Beal property in the City of San Luis. Obispo, COunty of Sara Luis ObisPO, State of California, dmribed as follows:
A PORTION OF SF(71-ION 25, TO"S111P 30 SOUTH. RANGE 12 fAST. MOUNT DIASLO BASE AND MERIDIAN. IN
114E COUNTY OF SAN LUIS OBISPO. STATE OF C.-NLIFORNIA. ACCORDING TO rHE OFFICIAL PLAT THEREOF
DESCRIBED AS FOLLOW&
COMMENCING AT A I" [RON PIPE SET AT THE INTERSECTION OFT11h CENTER LINE OF C:ONEJO AVENUE
WITH THE CENTER LINE OF ANDREWS STREET AND RUNNING SOUTH 54° 11' .BAST ALONG THE CENTER LINE
OF ANDREWS STRFL.-t I5o.m FEET TO A POINT;'1TiEN'CE LF AVING SAID CENTER LINE NORTH 35' #G' FAST,.
90-00 FEET TO A 2" X 2' STAICI:, THS -TRUE POINT OF HEOINNING; THtrNC'E FROM SAIf) 'i'RUE POINT OF
BEGINNING NORTH 350 46' CAST, 70.00 FEET TO A 2" X 2" STAKE;THENCE HENC'E NORTH 54 I)F(7,RFGS 1 I' WLST, 125.00
FEET TO A 2" X T' STAKE SET ON THE RAS'fT;HI.Y 110UNDARY OF TRACT NO.43 AND To 11F EASTERLY LINE OF
C:ONE)O AVENUE. THENCH 3511¢ti' WLST ALONG SAIL) EASTERLY LINE OF TRACT NO, 43, 70.00 FEET TO A 2" X
2" STAKE, THENCE LEAVING SAID EASTERLY LINE SOUTH 5411 11' BAST, 125.00 FEET TO THH TRUE POINT OF
BEGINNING.
APN: 001-270-012
END OF DOCUMENT