HomeMy WebLinkAboutD-2018-I Temporary Encroachment within the Public ROW - 1231 Johnson Avenue2018016438
Recording Requested by:
When recorded mail to:
City of San Luis Obispo
Engineering Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
Tommy Gong
San Luis Obispo — County Clerk —Recorder
04/24/2018 02:25 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 3
Fees: $0.00
Taxes: $0,00
Total: 0.00
111191 Willoh"V11,sN Fill II
No fee pursuant to Government Code § 6103
No Recording Fee per Government Code § 27383
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 right-of-way, said encroachment consisting of: (1) 2 ft: high cylindrical antenna on
top of utility pole, (2) Remote Radio Units (RRUs), (1) pole -mounted cabinet, associated connectors, wires,
switch, and (1) meter pedestal installed with approved plan number FMAP-1271-2017.
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 Johnson Avenue, in front of
1231 Johnson Avenue.
`` �r
Dated this l day of I t' Ili U- A 92018.
Verizon Wireless representative signature:
(Printed name of Verizon Whviess representative).
APPROVED:
#44-
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Matt Horn, City Engineer
City of San Luis Obispo
(Authorization - Resolution No. 3897, 1979 Series)
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document, to which the certificate is attached, and
not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF C(K((3 CKja
On MN Iq , Z I & before me, W UVhC? , a
Notary Public, personally appeared Scott Stewart who proved to me on the basis of
satisfactory evidence to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person 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.
qfc-lor-�
Signature
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Conita costa CoOkY
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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 April 17, 2018
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.
y DIANE DOSTALEK
WITNESS my hand and official seal. "` Commission 2139341
=+ Notary Public - California
San Luis Obispo County
My Comm. Expires Dec 25, 2019
Signature irlq _ _ (Seal)
END OF DOCUMENT