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Recording Requested by:
Lorne Lanning
When recorded mail to:
Public Works Department
955 Morro Street
San Luis Obispo, CA 93401
Doc No: 1999 - 000873
Official Records
San Luis Obispo Co
Julie L. Rodewald
Recorder
Jan 06, 1999
Time: 14:27
[ 4)
Rpt No: 00001097
;RF -1 16.00
,TOTAL 16.00
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN A PUBLIC EASEMENT
FOR AND IN CONSIDERATION of the issuance of this revocable permit to allow an
encroachment temporarily within a public drainage easement, said encroachment consisting of.
A raised, wooden deck over a concrete drainage channel with hinged access panels
(access panel design to be approved by the City of San Luis Obispo, Director of
Public Works). Said deck shall be constructed in accordance with all applicable
permits, building codes and municipal regulations governing such construction.
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 agrees to maintain the existing drainage channel, including removal of debris and sil'.ation
during the period of encroachment.
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:
Lot 29 of Tract No. 1150, as recorded on September 10, 1986, in Book 13 of
Maps at Page 48 in the Office of the San Luis Obispo County Recorder.
A
r
O
1)ICO 6
AGREEMENT AFFECTING REAL PROPERTY
Page 2
2. Assessors Parcel Number: 004 -944 -029
3. Commonly known as 549 Bluerock Drive, San Luis Obispo, CA
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this 8 day of December , 1998.
Owner: L=w<anning Owner:
APPROVED:
Public Works Director
City of San Luis Obispo
(Authorization - Resolution No. 3897, 1979 Series)
File: G:\DevRev\... \Bluerock 549 Ditch Cover covenant.doc
1,
State of California
County of San Luis Obispo }
On December 23, 1998, before me, Diane R. Stuart, Notary Public, personally appeared
Michael D. McCluskey, ( X ) personally known to me or ( ) 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 capacity, and that by his
signature on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal.
Notary Public
Capacity claimed by signer(s):
OFFICIAL SEAL
--° DWRE R STUART
IWARY PUBLIC • CAUFORIW
COMMISSION 01142669 C
W SM LUIS OBISPO COUNTY
MI/Con RWM Eqs Jum 20.2111111
( X ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact (X ) political agency
Agreement affecting real property at 549 Bluerock Drive (raised wooden deck over a
concrete drainage channel)
iET A. MILLER
VIM. #1176544
PUBLIC- CAUFORK
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of San Luis Obisoo
On December S, 1998 , before me, Tnr)p -t A, 0,111er, t�otgf'ct Public
Date Name and Title of Officer (e.g., "Jane Doe. NolZrfy Public ")
personally appeared Lorne L.onni
w- JANET A MILLER
COMM. #1176544
a m NOTARY PUBLIC - CALIFORNIA v
SAN LUIS OBISPO COUNTY
My Cul n. E*m Mar. 16, 2002
Name(s) of Signer(s)
❑ personally known to me
FP/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.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: Aqrperrent A ec i e re r.
Encroachment wi-fi� n a Public emert J
Document Date: Decembef 81,, 1498 Number of Pages: 3111'nclvd.nq s
acknowle nmeni-
Signer(s) Other Than Named Above: tJane
Capacity(ies) Claimpo�by Signer /f
Signer's Name:
CSI Individual
...
❑ Corporate Officer — Title(s):
\j�)•:;
❑ Partner — ❑ Limited ❑ Generals
❑ Attorney in Fact
r
• Trustee'6
• Guardian or Conservator
❑ Other:
Signer Is Representing: Self
Its OBISPO COUNTY 1997 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth, CA 91313 -2402 Prod. No. 5907 Reorder: Call Toll-Free 1- 800876 -6827
n. E)om Mu. 16, 2002
FEND OF DOOMSM