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HomeMy WebLinkAboutD-1690 3555 Sequoia Dr. - APN 076-532-029 Recorded 07/19/2006JULIE RODEWA sc �. San Luis Obispo cou clerk/Recorder 7/19/2006 ' Recorded at the request of 3:25 PM Public Recording Requested by: Robert and Dorothy De Vries When recorded mail to: San Luis Obispo Public Works Department Transportation and Development Review Division 955 Morro Street San Luis Obispo, CA 93401 i D O c #: .2006050460 Titles: 1 Pages: 2 I Fees 10.00 Taxes 0.00 Others 0.00 PAID $10.00 AGREEMENT AFFECTING REAL PROPERTY AND TEMPORARY ACCESS ACROSS AND 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 The partial removal of a street barricade, street paving, sidewalk barrier construction, and related improvements continuing on to the adjoining private property to allow for temporary access across the city owned Parcel C of Tract 317 as recorded in Book 7 of Maps at Page 6 on file in the Office of the County Recorder, City of San Luis Obispo, County of San Luis Obispo. See the separate encroachment permit on file with the city. 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 County of San Luis Obispo, State of California, and is described as follows: 1. Lot 1 of Tract 681 as recorded in Book 10 of Maps at Page 94 on file in the Office of the County Recorder of said county. 2. Assessors Parcel Number: 076 -532 -029 3. Commonly known as 3555 Sequoia 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 /� day of Q /14 , 2006. 'b l Le q 0 er s)• o ert A. De Vries, Trustee l Trustees of the De Vries Family 1993 Trust State of California } County of San Luis Obispo } On 7k 5 of.' before me -, M • 4eS�'► I/►? , Notary Public, personally appeared Robert A. De Vries and Dorothy V. De Vries, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s)Xare subscribed to the within instrument and acknowledged to me that4wAshe /they executed the same in huh /their authorized capacity(ies), and that by 440ter /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SS my hand and official seal. BRENT M. KOSTIW Commission # 1600119 Notary Public 4.bIMy Notary Public - California San Luis Obispo County Comm. Expires Aug 9,2009P Capacity claimed by signer(s): (x) individual(s) ( ) corporation () partnership () attorney -in -fact () political agency APPRO Jay a ter, Public Works Director City owl' Luis Obispo (Authorization — Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } PAMELA K KIIJG Conmbslon 1 1422138 Notary PI - ccooffda Son Lib Oblspo'c..ounty My corms ,t�.: 2007,; r On \ (9 2006, before me,. Pamela K. King, Notary Public, pers o ly ap ed, Jay D. Walter 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. itness my hand and offiVial sqal. Pamela K. King, Notary Public Capacity claimed by signer: ( X ) political agency State of California iAdoc management\ streets \ ...... \temporary encroachment agreement ENDOFDOCUMENT