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Recording Requested by:
Jeffrey A. Cole, et al
When recorded, mail to:
Public Works Director
955 Morro Street
San Luis Obispo, CA 93401
Doc No: 1999- 031118
Official Records
San Luis Obispo Co.
Julie L. Rodewald
Recorder
Apr 30, 1999
Time: 11:15
[ 3]
Rpt No: 00038687
RF -1 13.00
;TOTAL 13.00
APN 001 -224 -018
AGREEMENT AFFECTING REAL PROPERTY AND TEMPORARY
PERMIT FOR ENCROACHMENTS WITHIN PUBLIC RIGHT OF WAY
FOR AND IN CONSIDERATION of the issuance of this temporary permit to allow the
encroachment of an existing electronic gate, fencing and/or fence posts and display of vehicles
along the Pepper St. frontage of 1330 Monterey St., as prescribed below, the undersigned owner
of the real property hereinafter described, hereby covenants with the City of San Luis Obispo, as
follows: �l
1. The electronic gate and related facilities may remain in the present location adjacent to the U
curb or it may be relocated to at least 6 ft. from the curb face for the duration of this agreement,
at the option of the Owner.
2. The existing steel posts may remain in their existing locations, just behind the curb or
relocated to at least 6 ft. from the curb face, at the option of the Owner, for the duration of this
agreement.
3. The chain fencing must be rennoved at the northwesterly and southeasterly property lines to
allow for through pedestrian traffic. The chain fence or other City - approved fence material may
be placed on relocated posts authorized under 2. above.
4. Owner shall be responsible for all costs associated with the removal of the said
encroachments upon vacation of the site as an auto sales lot, sale of the property or three (3)
years, whichever conics first. The existing asphalt paving within the 6 ft. "clear area" behind the
curb shall be maintained in a safe condition by the Owner. Any future development of the
subject property would require City standard sidewalk and driveway improvements to be
installed as a condition of such development, per City regulations.
If the Owner does not remove the chain fencing, as authorized above herein within thirty (30)
days from the date of this agreement or the authorized encroachments after the expiration of this
agreement, City may proceed to remove the encroachments under City Municipal Code nuisance
abatement provisions and 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, or replacement of, the encroachments or to any adjacent real or personal
property.
'DILHDA
AGREEMENT AFFECTING REAL PROPERTY
1330 Monterey Street
Page Two
Owner further agrees to hold the City harmless from any claims, suits or losses of any kind
alleged to have arisen out of the placement of the said encroachments 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:
Lots 5 & 6 and a portion of Lot 2, Block 41, as shown on the Map of the City of
San Luis Obispo, recorded in Book A of Maps, at Page 168, in the office of the
man Luis Obispo County Recorder, State of California.
2. Commonly known as 1330 Monterey Street
This covenant shall nun with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this a1day of �i IL' , 1999.
ELLY COLE FAMILY TRUST
Jeffrey Cole, Trustee
effrey Cole ohn Cole
USTEES OF THE COLE FAMILY TRUST
of Cole, Trustee Caria Cole, Trustee
APPROVED:
Public Works Director
City of San Luis Obispo
(Authorization - Resolution No. 3897, 1979 Series)
(Notary Acknowledgments Required)
DevRev \... Vonterey 1330 Encr. covenant
David Cole
REGARDING AGREEMENT AFFECTING REAL PROPERTY AND TEMPORARY PERMIT FOR ENCROACHMENTS WITHIN
PUBLIC RIGHT OF WAY. (2pgs.)
Certificate Of Acknowledgment
State of California )
County of SAN LUIS OBISPO )
On APRIL 27, 1999 before me, J. MOORE , a Notary Public for the
State of California, personally appeared JEFFREY COLE (Trustee) , & JOHN COLE & DAVID COLE, & CARLA COLE (Trustee)
********************************************************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) //are subscribed to the within instrument and
acknowledged to me that Ws>e /they executed the same in >K/1)ef /their authorized capacity(ies), and that by jtiSNtef /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 o icial seal. p
Signatur
/
R
V .. V�� 1 1Y n
MAY 91.2000 •
State of California }
County of San Luis Obispo)
On April 29, 1999, 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.
Capacity claimed by signer(s):
OFFICIAL SEAL
•• DIANE R. STUART
NOTARY PUBLIC • CALIFORNIA N
COMMISSION N 1142689 C
SAN LUIS OBISPO COUNTY
My Commladon E)qL June 20, 2001
( ) individual(s) () corporation () partnership () attorney -in -fact (X ) political agency
FORM 00211 (Rev. 6/94)
END OF DOCUMENT