HomeMy WebLinkAboutD-1556A 1435 Phillips Lane - 001-133-014 - Encroachment consists of: retaining wall, not exceeding 5 feet high, constructed adjacent to a 6 ft wide integral public sidewalk Recorded 12/06/2001State of
County of
1
On before me,
DATE . NAM# TITLE OF
personally appeared
NAME(S) OF SIGNER(S)
E.G., "JANE
WA
,personally known to me - OR - ❑ 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 ac-
knowledged to me that he /she /they executed
the same in his /her /their authorized
capacity(ies), and that by his /her /their
TEDY LEE SHAFFER signature(s) on the instrument the person(s),
Comm. # 1196925 or the entity upon behalf of which the
N s NOTARY PUBLIC -CALIFORNIA N person(s) acted, executed the instrument.
San US Obispo County
My Comm. Expires Sept.26,2002
WITNESS my hand and official seal.
OF NOTARY END
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-.I
State of California }
County of San Luis Obispo }
On December 5, 2001, before me, Pamela K. King, Notary Public, personally appeared
Michael D. McCluskey, 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. .
Pamela K. King, Notary Publi
PAMELA K. KING
Commission # 1227306 Z
= Notary Public - California y
San Luis Obispo County
My Comm. Expires Jul Z 2003
Capacity claimed by signer(s): individual(s) () corporation () partnership ( )
attorney -in -fact () political agency (x)
Public Right of Way
•
Recording Requested by:
Cipora Novak
When recorded mail to:
Director of Public Works
Develop Review Section
955 Morro Street
San Luis Obispo, CA 93401
JULIE RODEWALD
San Luis Obispo County- ,Clerk/Recorder
Recorded at the request of
Public
DOC #: 2001094704
Titles:'
Fees
Taxes
Others
PAID
AGREEMENT AFFECTING_ REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY
FOR AND IN CONSIDERATION of the issuance of this revocable. permit to allow an
encroachment temporarily within the public right -of -way, said encroachment consisting of:
A retaining wall, not exceeding five (5) feet high, constructed adjacent to a six feet wide
integral public sidewalk,
the undersigned owners of the'real property hereinafter described, hereby covenants with the
City of San Luis Obispo (City) 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 aid
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 City harmless 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. That property described in the grant deed recorded .on May 19, 2000 as Doc. No.
2000- 027907 of Official Records in the Office of the County Recorder, Count-y-of --- -
San Luis.Obispo, State of California.
2. Assessors Parcel Number: 001 -133 -014
3. Commonly known as 1435 Phillips Lane, San Luis Obispo, CA
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AGREEMENT AFFECTING_ REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY
FOR AND IN CONSIDERATION of the issuance of this revocable. permit to allow an
encroachment temporarily within the public right -of -way, said encroachment consisting of:
A retaining wall, not exceeding five (5) feet high, constructed adjacent to a six feet wide
integral public sidewalk,
the undersigned owners of the'real property hereinafter described, hereby covenants with the
City of San Luis Obispo (City) 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 aid
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 City harmless 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. That property described in the grant deed recorded .on May 19, 2000 as Doc. No.
2000- 027907 of Official Records in the Office of the County Recorder, Count-y-of --- -
San Luis.Obispo, State of California.
2. Assessors Parcel Number: 001 -133 -014
3. Commonly known as 1435 Phillips Lane, San Luis Obispo, CA
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AGREEMENT AFFECTING REAL PROPERTY
Page 2
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This covenant shall run with the land and shall be binding upon the undersigned owners, heirs,
executors, administrators, and assigns.
Dated this ,& day of o _, 2001.
caner: Cipora Novak
APPROVED:
City of San Luis Obis
(Authorization - Resolution No. 3897, 1979 Series)
• Attach Notary Certificate
G:\DevRev \...\Phillips 1435 ret wall - agreement.doc