HomeMy WebLinkAboutD-2018-K Temporary Encroachment within the Public ROW APN 003-564-0102018026233
Recording Requested by and
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
06/26/2018 01:28 PM
Recorded at the request of:
PUBLIC
Titles: 1 Pages: 4
Fees: $0.00
Taxes: $0.00
Total: 0.00
11119F��W,11,
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 o£ Concrete curbing at back of sidewalk.
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: 003-564-010
3. Commonly known as 1342 Breck Street 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.
Dated this 1I day of M , 20) 8.
Owner(s):
9John4L_ayoAus&t_
APPROVED:
Matt Horn, City Engineer
City of San Luis Obispo
(Authorization —Resolution No. 3897, 1979 Series)
Az_�
Serra Layous
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 M A--t l l �Z %% before me, OA&M" _ r eAUL., aar s,s]o ►�s ��r ?� �,�C ,
Date Name and Title of lhe Officer
personally appeared, N� -E tic-Y-n,—k& ,
Name of Signer(S,l
who proved to me on the basis of satisfactory evidence to be the erson#) whose name(& is re
s scribed to the within instrument and acknowledge
to me thathelthey executed the same in
is her/their authorized capacity(a&), and that by herltheir signature(s) 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. cHRISTIAN PAUL sALGADO
Notary Public - California z
San Luis Obispo County n
— Commission N 2194653
Signature
My Comm. Expires Apr 29, 2021
Signature tary PublPlace Notary Seel ]'buve
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 I}
County of San Luis Obispo }
On MAH 1(, 2015 before me, eLA,
Date Name and Title of the Officer
personally appeared, _ iV— AY4 uC, _
Name of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(&) whose name(eeare
subscribed to the within instrument and acknowledged tg me that he/10they executed the same in
his&their authorized capacity(ies), and that by his heir signature(4) 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.
CHRISTIAN PAUL SALGADO
Notary Public - California
San Luis Obispo County
Signature � Commission # 2194653
ary Pui�lic �- J pace Nord . '�" ,a XFA r 29, 2021
M
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 - ZZ - Z0 (8 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 DIANE DOSTALEK
d Commission # 2138341
Notary Public - California
San Luis Obispo County
�- N! Comm. Expires Dec 25, 2019
Signature (Seal)
Exhibit A
Legal Description in Full
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SAN LUIS OBISPO, COUNTY OF
SAN LUIS OBISPO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
That Portion of Lots 9 and 10 in Block 2 of the Breck Tract, according to Map recorded March 7, 1922 in Book 3,
Page 1 of Maps, described as follows:
Beginning at the Northwesterly corner of Breck Street and on alley running through said Block 2, and running
thence Southwesterly along the Northerly Line of Breck Street 50 Feet;
Thence Northwesterly Parallel with the Westerly Line of said alley 100.2 Feet to the Northerly line of said Lot 10;
Thence Northeasterly along said line, 50 Feet to the Westerly line of said alley:
Thence Southeasterly along said line, 100.2 Feet to the Point of Beginning.
END OF DOCUMENT