HomeMy WebLinkAboutD-1647A 999 Monterey - 002-431-010 - Encroachment consists of: short retaining wall for a tree planter along the Higuera Street frontage Recorded 05/06/200511\
Recording Requested by:
Tom Copeland
When recorded mail to:
San Luis Obispo Public Works Department
Transportation and Development Review Division
955 Morro Street
San Luis Obispo, CA 93401
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JULIE RQDEW
San Luis Obispo Co�- Clerk/Recorder
Recorded at the request of
Public
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510612005
2:26 PM
D O C #: 2005037075 Titles: 1 Pages: 2
Fees 10.00
Taxes 0.00
Others 0.00
PAID $10.00
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY
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 of:
A short retaining wall for a tree planter along the 1 iguera Street frontage per the
approved building plans.
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. Per deed recorded as Document #: 2003128867-on 11/05/2003 in the Office of
the County Recorder of said county
2. Assessors Parcel Number: 002 - 431 -010
3. Commonly known as 999 Monterey
This covenant shall nun with the land and. shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this O y day of ��i , 2005.
'b iL
Owner:
Luis Obispo Court Street 1, LLC
Thomas M. Copeland, Managing Baum M eK6er.
State of California }
County of San Luis Obispo }
0
i
On 2005, before me, otary Public,
personall appeared Thomas M. Copeland, Managing ° r� ( rsonally known to me or
( ) 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
capacity, 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.
A( -
Notary Public
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation ( ) partnership
APPROVED•
11<114 - vv��'
Jay VIe r, Public Works Director
City Luis Obisp(Auon — Resolution No. 3897, 1979 Series)
State of California
County of San Luis Obispo
LNNOTARYPUBLIC- HANNE M. CHAPMAN,,nn
N °� A� FORNIA an Luis Obispo Counly
omm. EX088 MAY28, 2008 �+
(✓fLLL
On 3 2005, before me, Pamela K. King, Notary Public, personally appeared,
Jay D. WalterjAved 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.
PAMM K NO '
my hand and official se Cornmbdo" # 1138 >
-® Notary PubW - Cafteft
lion L� obhpo Comer
:jitness
Pamela K. King, Notary Public
Capacity claimed by signer: ( X) political agency State of California }
iAdoc management\streets \ ...... \temporary encroachment agreement
END OF DOCMEN'T