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HomeMy WebLinkAboutD-1803 APN 003-655-006 Recorded 10/28/2008San Luis Obispo, CA 93401 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE ADJOINING PUBLIC RIGHT- OF-WAY AND /OR WITHIN A CITY OWNED PARCEL FOR AND IN CONSIDERATION of the issuance of a revocable permit to allow an encroachment temporarily within the public right -of -way and within a city owned parcel, said encroachment consisting of: Those improvements shown on the approved building plans including but not limited to; Site improvements, site walls, boardwalk, stairs, ramps, landings, Railroad District architectural elements, drainage improvements, utilities, landscape, and landscape irrigation. 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 ninety (90) days written notice, which may be given by the City at any-time'at its sole option. and discretion. The public right -of -way and city owned parcel shall be restored to the condition that existed at the time before authorized encroachments have commenced or by separate agreement. 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: Parcel 2 of the parcel map recorded in Book 37 of Parcel Maps at Page 59 on file in the Office of the County Recorder of said county Assessors Parcel Number: 003 - 655 -006 3. Commonly known as 1880 Santa Barbara Ave. 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 day of , 2008. j�03 JULIE RQDEWAI San Luis Obispo county — clerk/Recorder SK 10/28/2008 Recorded at the ,request of 4:49 PM Public Recording Requested by: Hamish Marshall Depot I D 0 C #: ZQ08054301 Titles: 1 Pages: 3 Square, LP Fees 14.00 When recorded mail to: Taxes Others 0.00 City of San Luis Obispo Public Works Department PAID 0.00 Development Review Division $14.00 � 919 Palm Street -- - -- - -- - -- - — — San Luis Obispo, CA 93401 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE ADJOINING PUBLIC RIGHT- OF-WAY AND /OR WITHIN A CITY OWNED PARCEL FOR AND IN CONSIDERATION of the issuance of a revocable permit to allow an encroachment temporarily within the public right -of -way and within a city owned parcel, said encroachment consisting of: Those improvements shown on the approved building plans including but not limited to; Site improvements, site walls, boardwalk, stairs, ramps, landings, Railroad District architectural elements, drainage improvements, utilities, landscape, and landscape irrigation. 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 ninety (90) days written notice, which may be given by the City at any-time'at its sole option. and discretion. The public right -of -way and city owned parcel shall be restored to the condition that existed at the time before authorized encroachments have commenced or by separate agreement. 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: Parcel 2 of the parcel map recorded in Book 37 of Parcel Maps at Page 59 on file in the Office of the County Recorder of said county Assessors Parcel Number: 003 - 655 -006 3. Commonly known as 1880 Santa Barbara Ave. 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 day of , 2008. j�03 �7_ Owner(s): le . Pa anides, M nager He-pot Square Investments, LLC, General Partner of Depot Square, LP State of (� I o "a&" County of P4-u a I� Patrick N. mith, Manager Depot Square Investments, LLC, General Partner of Depot Square, LP On UCia}e 2.1 n , 2008, b9foy,me, "j `-I rll b'.to6 1kktt S , Notary Public, personally appeared �I!(�d' -1-;Ck i� . c�YY�<<lly I who proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TNESS y hand and official sealsq nn �o Notary ubhc r. Ky �ssi HOMAN I Ai11MAi _ �t 1 poi f t► st tzirc mo:3) „� t vft*3 agtl* a w eta ICt1a5T eEQBi rnnmO .-.`. 0 9 1 CALIFORNIA • • r _ ..=yA1 ��C!s�. rte' = 1.�'�.ti'��C!�,' = �a,'��. �',�SG•�' ��' �1.<!: �. �7SG• �. �5,- �t_ ��; �.. a�5�1�u' ��. t..=' aC�� .'rT'�TC�'�.C.= '�C�.�'y,. =�.�5 c� .v�'aar�'���Sec�e;saC!aS,.%-u� State of California County of J 0-M LA_,ti� S S 0 On 0 Jb64,M 22,1404 before me, lZ tl u''IL Date Here Insert Name and Title of the icer personally appeared Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persono) whose name(K is/ar6 subscribed to the within instrument and acknowledged to me that he /§Ke/t(iey executed the same in hiss /t eir authorized capacity(ids), and that by his/hdr /tk/eir signature(,I � on the instrument the personkg ,, or the entity upon behalf of which the person;() acted, executed the instrument. ELIZABETH WHITE I certify under PENALTY OF PERJURY under the laws Commisslon # 1576894 of the State of California that the foregoing ara rah is Notary Public - California true and correct. T;;�7 g p g p San Luis Obispo County Comm. Expires May 7, 2009 WITNESS my han O and official seal. Signature v t� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document� Title or Type of Document:�1re� rte\ Document Date: ©C� ?.0 I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): — El Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHT THUMBPRINT OF SIGNER' 4,j C,4 P Xr.,A +- 11-4 Number of Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s):. ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing RIGHTTHUMBPRINT OF SIGNER__ _ 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91 31 3 -2402 - www.NationalNotaryorg Item #5907 Reorder: Call Toll -Free 1- 800-876 -6827 END OF DOCUMENT