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HomeMy WebLinkAboutD-2018-F Agreement Affecting Real property and Permit Approval APN 052-322-0232018007823 Tommy Gong San Luis — C Clerk -Recorder Recording Requested by and 02/27/2018bispo 03:33 PMounty When recorded mail to: Recorded at the request of: City of San Luis Obispo PUBLIC Engineering Development Review Division Titles: 1 Pages: 4 919 Palm Street Fees: $0.00 San Luis Obispo, CA 93401 Taxes: $0.00 Total : 0.00 �t IIII!;�,11 Y, fi � �611��� 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 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: brick pavers and concrete block retaining wall. 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: See Exhibit A 2. Assessor's Parcel Number: 052-322-023 3. Commonly known as 286 Chaplin Lane 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, and assigns. o� Dated this. day of o 12018. Owner(s); The ark and Barbara Sharp Family Trust dated September 23,204 Mark ar Barbara Sharp APPROVED: io / Matt Horn, City Engineer City of San Luis Obispo (Authorization - Resolution No. 3897, 1979 Series) 20og - ! 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 e- - U61CW q. QDif , before me, `—aU ( I� I _ Flown, -PLb.f ,i_S , Dale Name and TiOe ofof the Officer personally appeared, ���h(f Q 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. GABRIELLA FLORENCE Commission # 2142775 WITNESS my hand and official seal. Notary Pabllc - California San Luis Obispo ,. County M Comm Ex sees Mar 8, 262D w Signature � �IMDPA4K�_ Signatucr of Notary 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 On rP�Kkmx4q JM' before me, Gx�[ e �.11 a i" t(}f pit Ce- , U,(i.i I {� Q? t G Date I Name and TIile of the Maw personally appeared, 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. GABRIELLA FLORENCE 75 WITNESS m hand and official seal. commission +r California27y � -w Notary PUbllc - Canl San Luis Obispo County My Comm EKpnes Mar 8, 2020 Signature siynatu e of Notary Public 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 2 - z-i . ZO(9 before me, Diane Dostalek, Notary Public (insert name and title of the officer) personally appeared Matt Horn 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. Signaturet�l U� ,µ DIANE DUSIALEK Commission # 2138341 1 : Notary Public - California z x San Luis Obispo County My Comm. Ex ices Dec 25, 2019 (Seal) Exhibit A Legal Description in Full LOT 23, BLOCK C, OF TRACT NUMBER 54 ALTA VISTA IN THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED DECEMBER 18, 1951 IN BOOK 5, PAGE(S) 79 OF MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. END OF DOCUMENT