HomeMy WebLinkAboutD-1727 APN 001-136-007 - 1515 Palm Street Recorded 07/10/2007Recording Requested by:
Allen and Ryan Burden
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JULIE RODEWALD
San Luis Obispo County— Clerk/Recorder
Recorded at the request of
j Public
Doc #: 2007046316
When recorded mail to:
San Luis Obispo Public Works.Department
Transportation and Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
ABARTHOL\
7/10/2007
8 :18 AM
Titles: 1 Pages: 2
Fees
10.00
Taxes
0.00
Others
0.00
PAID
$10.00
AGREEMENT AFFECTING REAL PROPERTY REGARDING A PRIVATE STORM
DRAIN AND TEMPORARY ENCROACHMENT WITHIN THE PUBLIC WAY
FOR AND IN CONSIDERATION of the issuance of a building permit to construct a new
residence on this parcel it is hereby recognized that the existing storm drain that crosses this
parcel is a private improvement and is subject to private maintenance.
The undersigned owner of the real property hereinafter described, hereby covenant with the City
of San Luis Obispo that said storm drain as shown on the approved building plans is private.
Furthermore, the private storm drain connects'to a.public catch basin located within the Palm
Street right -of -way. The owner of said private improvements does 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
as it relates to the repair and/or replacement of the street improvements. The -cost of replacement
or repairs to the private system and appurtenances shall be the responsibility of the owner.
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 lack of maintenance of the private storm drain piping, maintenance or
placement of said encroachment within the public right -of -way 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 parcel of land described in the Grant Deed recorded as Doc. No.
2006065514 on file in the Office of the County Recorder of said county.
2. Assessors Parcel Number. 001'136-007
3. Commonly known as 1515 Palm Street in the City of San Luis Obispo.
This covenant shall run with the land and shall be bindin u on the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this day of d' �� 7
:Y
State of California }
County of his- 9� }
ONCOmm. # 1582915
NOTARY PUBLIC - CALIFORNIA
Fresno Caurdy y Comm, Exphes June 25, 2W
On 'J \a , ao 0-1 before me"':'2S \e. � f C, �, \:\ �\ 8 - , Notary Public,
personally appeared Allen James Burden, (or proved to me on the basis
of satisfactory evidence) to be the persons(* .whose name
'WCAlar-e subscribed to the within
instrument and acknowledged to me that e .sheA4tey executed the same in iii /hegtheir
authorized capacity(ics), and that by 0/herAheir signature(s)-on the instrument the person(), or
the entity upon behalf of which the person(s) acted, executed the instrument. - -
WITNESS my hand and official seal.
rl I? `
Notary Public
Capacity, claimed by signer(s):
ROSIE DROU114RD
COmm. # 1582915
�s NOTARY PUBLIC- CALIFORNIA N
Remo Count
MY Comm. Expires hme 25, 219
(x) individual(s) ( ) corporation ( ) partnership , ( ) attorney-in-fact ( ) political agency
Walter, Public Works Director,
San Luis Obispo
rization — Resolution No. 3897, 1979 Series)
State of California
County of San Luis Obispo }
On 20ON before me, Pamela K. King, Notary Public,
perso y app a Jay D. Walter proved to me on the basis of satisfactory evidence to be the
person whose n e 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.
W1 ess my hand,&%daffieU se .
�.� PAMELA K. KING
Commission t 1749334
Notary Public - California
Pamela K. King, Notary Public San Luis Obispo County
MvCqrnrn.P=Ju12,2011
Capacity claimed by signer: (X) political agency State of California kvvm, 44 1 tj y q 33g
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