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HomeMy WebLinkAboutD-2018-H Temporary Encroachment within the Public ROW APN 052-142-0242018015844 Recording Requested by and Tommy Gong San Luis Obispo - County Clerk -Recorder When recorded mail to: 04/20/2018 10:02 AM City of Sari Luis Obispo Recorded at the request of: Engineering Development Review Division PUBLIC 919 Palm Street Titles: 1 Pages: 3 San Luis Obispo, CA 93401 Fees: $0.00 Taxes: 0.00 Total: 10.00 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 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: concrete and/or wood walls and walkways within the Ramona Drive and Del Mar Court rights -of -way. 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: l . Legal: See Exhibit A 2. Assessor's Parcel Number: 052-142-024 3. Commonly known as 299 Ramona Drive 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, r administrators, and assigns. Dated this 9-14--day of , 2018. Ow ew Grip APPROVED: Matt Horn, City Engineer City of San Luis Obispo (Authorization - Resolution No. 3897, 1979 Series) ZO1F6-H 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 OAUI} a7 ably before me, (-�IijBAXE�t_ Ndi APB f06L-L�. Date Name and Title of the Officer personally appeared, MAT r I46W IF- KrC onciiiMCEe-, 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 "e/they executed the same in @Vher/their authorized capacity(ies), and that by Is 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. i Signature Signature of Notary Public GABRIEL MUNOZ COminlplOfl02200517 S� of Notary Public - Califomie I e San Luis Obispo County "t_,,,,, , My Comm. Expires June 11, 2021 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 � l � - Z,0 f �' , before me,_ ill (VL D C J'r a bw . Wo nq t� 19 Date Name and Title of Ile Officer personally appeared, n1(4 T_r P N , 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 DOSTALEK WITNESS my hand and official seal- a Commission # 2138341 i Notary Public - California 'I San Luis Obispo County R MY Comm. Expires Dec 25 20f 9 Signature Siynat a Notary Public Place Notary Seal Above Exhibit A Legal Description in Full That portion of Lot 24 in Tract No. 11, in the City of San Luis Obispo, County of.San Luis Obispo, State of California, according to map recorded May 7, 1932 in Book 5 at Page 30 of Maps, described as follows: Beginning at a point on the North line of said lot 24, which is distant 25 feet West of the Northeast corner of said Lot; thence continuing West along said North line 52.5 feet to the Northeast corner of the property conveyed to the Department of Veterans Affairs, State of California, by deed dated November 18, 1954 -and recorded November 24, 1954 in Book 780 at Page 398 of Official Records; thence South along the East line of the property so conveyed, 115 feet to the Southeast corner thereof, thence East 52.5 feet; thence North 115 feet to the point of beginning. END OF DOCUMENT