HomeMy WebLinkAboutD-1748 1150 Pepper Street Recorded 11/08/2007LJ
Recording Requested by:
1368 Marsh Street Partners
When recorded mail to•
City of San Luis Obispo Public Works DepartmenI
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
JULIE RO DREW sc
San Luis Obispo C� ClerklRecorder 11/08/2007
Recorded at the re'
quest of 12:22 PM
Public
D O C #: 2007073810 Titles: 1 Pages: 2
I
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:
Parking lot improvements. Said improvements include but are not limited to grading,
paving, landscape planters, landscaping, concrete drainage gutter, and street paveout as
shown on the approved building plans and City Engineering plan file M07 -012.
The undersigned lessee 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 lessee 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 Iessee described
herein. The lessee further acknowledges that, in the event of such removal by the City, the City
is not. liable for any damages to the encroachment or to any adjacent real or personal property.
The lessee further agrees to hold harmless the 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. The lessee shall sign the appropriate encroachment permit and shall
maintain liability insurance listing the City of San Luis Obispo as additionally insured for the
proposed encroachment for the duration of the lease.
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 portion of the Central Addition to the City of San Luis Obispo as recorded in Book
A at Page 55 of Maps on file in the Office of the County Recorder of said county and
further described by the State Board of Equalization as Parcel 2 of S.B.E. 872 -40 -2B
2. Commonly known as 1150 Pepper Street in the City of San Luis Obispo.
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this 22nd day of October , 2007.
( � 11V
Lessee:
stjan J. Cindrich, General Partner
Robert P. Crosby, General Partner
of 1368 Marsh Street Partners, A California General Partnership
State of California }
County of San Luis Obispo }
On October 22 , 2007 before me, Michele Ann Radich 7
Notary Public, personally appeared Kristjan J. Cindrich and Robert P. Crosby personally
known to me ( to be the persons(s) whose
name(s) ,iefare subscribed to the within instrument and acknowledged to me that she /they
executed the same in. sAwr/their authorized capacity(ies), and that byl /their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
WITNESS my hand and official seal. MICHELE ANN RAMN
CommNslon • 1709441
Notary Publk - Calftmic
Son Luis Obispo county,
Notary Public Carrrnb sOo110 2011
Capacity claimed by signer(s):
(x) individual(s) () corporation () partnership (} attorney -in -fact (} political agency
744:�
J . Walter, Public Works Director (�pIANEp R. STUART
?(t'horization f San Luis Obispo CAWOFM
— Resolution No. 3897, 1979 Series) SM LUS OBISPO COuNiy
N7 Corns. Expim Am 204 P009
State of California }
County of San Luis Obispo }
Diane- uar
On P1Mb Pr 2007, before me, , Notary Public,
personally appeared, 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.
Witness my hand and official seal.
Notary Public
O ion e )'�.v`ar
Capacity claimed by signer: ( X ) political agency State of California
END OF DOCUMENT