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Home My WebLink AboutD-1494 131 Hathway-Permit For Encroachment Over Public Storm Drain, 052-082-033 Recorded 07/06/1999AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR ENCROACHMENT OVER A PUBLIC STORM DRAIN FOR AND IN CONSIDERATION of approval to allow the encroachment over an 15 -inch diameter corrugated metal pipe (CMP) storm drain traversing the subject property , said encroachment consisting of: a garage and retaining wall the undersigned owner(s) of the real property hereinafter described, hereby covenant with the City of San Luis Obispo, that owner(s) assume all responsible for the perpetual maintenance and operation of the existing 15 -inch diameter CMP storm drain pipe within the owner's subject property, without cost to the City. The garage encroachment over the storm drain is subject to approval by the City's Chief Building Official. Owner(s) further acknowledges that, in the event of damage to said storm drain, owner shall be responsible to replace any damaged subject storm drain pipe, in order to maintain storm water discharge from the City's catch basin system within Hathway Street to the natural drainage channel within the subject property. Owner further agrees to hold the City harmless from any and all claims, suits or losses of any kind alleged to have arisen out of damage to or lark of maintenance of the pipe or by placement of said encroachment, and further agrees 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: See attached Exhibit A 2. Commonly known as: 131 Hathway Street. �)/y9� Doc No: 1999 - 048414 Rpt No: 00060281 Recording Requested by: Official Records ; RF -1 19.00 Keith Slocum San Luis Obispo Co. Julie L. Rodewald When recorded mail to: Recorder City Clerk Jul 06, 1999 Time: 12:04 990 Palm Street San Luis Obispo, CA 93401 [ 5 ; TOTAL 19.00 APN 052 -082 -033 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR ENCROACHMENT OVER A PUBLIC STORM DRAIN FOR AND IN CONSIDERATION of approval to allow the encroachment over an 15 -inch diameter corrugated metal pipe (CMP) storm drain traversing the subject property , said encroachment consisting of: a garage and retaining wall the undersigned owner(s) of the real property hereinafter described, hereby covenant with the City of San Luis Obispo, that owner(s) assume all responsible for the perpetual maintenance and operation of the existing 15 -inch diameter CMP storm drain pipe within the owner's subject property, without cost to the City. The garage encroachment over the storm drain is subject to approval by the City's Chief Building Official. Owner(s) further acknowledges that, in the event of damage to said storm drain, owner shall be responsible to replace any damaged subject storm drain pipe, in order to maintain storm water discharge from the City's catch basin system within Hathway Street to the natural drainage channel within the subject property. Owner further agrees to hold the City harmless from any and all claims, suits or losses of any kind alleged to have arisen out of damage to or lark of maintenance of the pipe or by placement of said encroachment, and further agrees 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: See attached Exhibit A 2. Commonly known as: 131 Hathway Street. �)/y9� AGREEMENT AFFECTING REAL PROPERTY Encroachment over Storm Drain - 131 Hathway Street Page 2 This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this day of r"(„ 193.q ,,Owner: APPROVED: —'Owner: Public Works Director City of San Luis Obispo (Authorization - Resolution No. 3897, 1979 Series) (Attach Notary Certificates) DevRev / ... /Hathway 131 - SD maintenance agreement ` rX��fiT- 14 THAT PORTION OF LOT 66 OF THE RESUBDIVISION OF LOTS 1, 2, 3, 41 5, 61 7, 81 20 AND 21 AND PART OF LOT 19 OF CALIFORNIA PARK, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO MAP RECORDED MARCH 71 1929 IN BOOK 3, PAGE 117 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,.DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF SAID LOT, SAID POINT BEING THE SOUTHEASTERLY CORNER OF THE PROPERTY CONVEYED TO GLENN A. NOBLE, ET UX., BY DEED DATED MARCH 24, 1948 AND RECORDED APRIL 5, 1948 IN BOOK 475, PAGE 36 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LOT 66, SOUTH 200 26' WEST, 50.66 FEET AND SOUTH 490 44' WEST, 154.81 FEET TO A POINT WHICH BEARS NORTH 490 44' EAST, 9.31 FEET FROM THE MOST EASTERLY CORNER OF THE PROPERTY CONVEYED TO RILEY L. GREEN, BY DEED DATED JUNE 31 1946 AND RECORDED JANUARY 28, 1947 IN BOOK 434, PAGE 87 OF OFFICIAL RECORDS; THENCE NORTH 340 40' WEST, 93.46 FEET'TO THE SOUTHEASTERLY LINE OF THE PROPERTY CONVEYED TO JAMES L. NORMAN, ET UX., BY DEED DATED DECEMBER 6; 1963 AND RECORDED DECEMBER 13, 1963 IN BOOK 1274, 2AGE 508 OF - OFFICIAL RECORDS; THENCE EASTERLY -ALONG SAID SOUTHEASTERLY LINE TO AN ANGLE POINT IN THE SOUTHERLY LINE "OF THE PROPERTY CONVEYED TO GLENN A. NOBLE, ET UX., AS AFORESAID; THENCE NORTH 770 37' EAST ALONG THE SOUTHERLY LINE OF SAID NOBLE PROPERTY, 126.70 FEET TO THE POINT OF BEGINNING. I.. State of California } County of San Luis Obispo} On June 4, 1999, before me, Diane R. Stuart, Notary Public, personally appeared Keith and Tamara Slocum, ( ) personally known to me or ( X ) proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. L !Ll • Sal �. .\ Notary Public - Capacity claimed by signer(s): OFFICIAL SEAL DIANE R. STUART NOTARY PUBLIC • CALIFORNIA fib COMMISSION 0 1142889 C SAN LUIS OSISPO COUNTY MY Cron EV. June 20, 2001 ( X ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency Agreement affecting Real Property and Permit for Encroachment Over a Public Storm Drain (131 Hathway ) W State of California } County of San Luis Obispo) On June 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. Notary Public Capacity claimed by signer(s): OFFICIAL SEAL NOTARY CALIFORNIA W COMMISSION 0 1142688 C BAN LUIS OBISFO COUNTY DIANE BUC My CMMWdM E q). AM 20.20M ( ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact (X ) political agency Agreement affecting real property at 131 Hathway END OF DOCUMENT