HomeMy WebLinkAboutD-1815 APN: 076-401-029 and 076-401-030 4555 South Broad Street and 980 Airport Drive Recorded 12/04/2008STORMDRAIN MAINTENANCE AGREEMENT AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY
FOR AND IN CONSIDERATION of the issuance of a revocable permit to maintain a permanent
encroachment within the public right -of -way, said encroachment consisting of a 30" HDPE storm drain per
the approved public improvement plans for the realignment of Aero Drive. San Luis Obispo County
General Services shall be responsible for the on -going maintenance of the storm drain as conditioned
with the project approvals. This maintenance shall include but is not limited to cleaning and repair of the
30" HDPE storm drain. The adjoining public street shall generally be kept free from excess drainage due
to plugged pipes or inlets to the satisfaction of the Public Works Director.
The undersigned owriers of the real property hereinafter described, hereby covenant with the City of San
Luis Obispo to repair and maintain all or part of said improvements or to complete required maintenance
in this area 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 or fails
to provide reasonable maintenance when requested by the City, City may proceed to require repair
and /or maintenance under the Municipal Code nuisance provisions and to assess the cost of said
removal and or maintenance against the real property described herein. Owners further acknowledge
that, in the event of such removal /maintenance by City, City is not liable for any damages to the
encroachment or to any adjacent real or personal property.
Owner furthers 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. Parcel 1 and Parcel 2 of the parcel map shown on Page 23 of Book 30 of Parcel Maps, as
recorded in the County Recorder's office in the County of San Luis Obispo, State of
California.
2. Assessor's Parcel Numbers 076 -401 -029 and 076 - 401 -030
3. Commonly known as 4555 South Broad Street, and 980 AAwDrDrive respectively.
This covenant shall run with the. land and shall be binding upon the undersigned owners, their heirs,
executors, administrators and assigns.
Nothing follows except signature page
RECEIVED
MAR 0 2 7009
SLO CITY CLERK
IVY
JULIE RODEWA
\`
San Luis Obispo County— Clerk/Recorder
MVELARDE
12/0412008
Recorded at the request of
11A2 AM
Public
Recording Requested by:
City of San Luis Obispo
0 0 0# 2008059793
Titles: 1
Pages: 3
When recorded mail to
Fees
0.00
City of San Luis Obispo Public Works Department
j
Taxes
0.00
Development Review Division
Others
0.00
919 Palm Street
PAID
$0.00
San Luis Obispo, CA 93401
STORMDRAIN MAINTENANCE AGREEMENT AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY
FOR AND IN CONSIDERATION of the issuance of a revocable permit to maintain a permanent
encroachment within the public right -of -way, said encroachment consisting of a 30" HDPE storm drain per
the approved public improvement plans for the realignment of Aero Drive. San Luis Obispo County
General Services shall be responsible for the on -going maintenance of the storm drain as conditioned
with the project approvals. This maintenance shall include but is not limited to cleaning and repair of the
30" HDPE storm drain. The adjoining public street shall generally be kept free from excess drainage due
to plugged pipes or inlets to the satisfaction of the Public Works Director.
The undersigned owriers of the real property hereinafter described, hereby covenant with the City of San
Luis Obispo to repair and maintain all or part of said improvements or to complete required maintenance
in this area 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 or fails
to provide reasonable maintenance when requested by the City, City may proceed to require repair
and /or maintenance under the Municipal Code nuisance provisions and to assess the cost of said
removal and or maintenance against the real property described herein. Owners further acknowledge
that, in the event of such removal /maintenance by City, City is not liable for any damages to the
encroachment or to any adjacent real or personal property.
Owner furthers 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. Parcel 1 and Parcel 2 of the parcel map shown on Page 23 of Book 30 of Parcel Maps, as
recorded in the County Recorder's office in the County of San Luis Obispo, State of
California.
2. Assessor's Parcel Numbers 076 -401 -029 and 076 - 401 -030
3. Commonly known as 4555 South Broad Street, and 980 AAwDrDrive respectively.
This covenant shall run with the. land and shall be binding upon the undersigned owners, their heirs,
executors, administrators and assigns.
Nothing follows except signature page
RECEIVED
MAR 0 2 7009
SLO CITY CLERK
IVY
Dated this day of
i
.2008.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS 013ISPO
APPROVAL RECOMMEN ED: APP
ane a Pell, Director, General Services Agency Ja 'ter, Public Works Director
Ci n Luis Obispo
OWNER: (A orization — Resolution No. 3897, 1979
Series)
COUN , F S OBISPO
By:
C l4air of the Board of Supervisors
Approved by B and Action on
ATTEST: 200 &.
JCTL M L. RODEWALD
Clerk of the Board of Supervisors
I: a!1 -0-- a.�a M r,
APPROVED AS TO FORM:
Warren Jensen
County Counsel
By-
Rita L Neal
Assistant County Council
•
STATE OF CALIFORNIA )
)ss.
COUNTY OF SAN LUIS OBISPO)
On November 18, 2008., before me, Sandy Currens Deputy County Clerk - Recorder, County of
San Luis Obispo, State of California, personally appeared James R. Patterson , who
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/she executed the same in his/her authorized capacity, and that by
his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed
the instrument.
I certify under PENALTY OF PERJURY under. the laws of the State of California that the foregoing
paragraph is true and correct. WITNESS my hand and official seal.
JULIE L. RODEWALD, County Clerk-
Recorder and Ex- Officio Clerk of the
Board of Supervisors
By: OQMd 7 &AX VA5
Deputy County Clerk- Recorder
(SEAL)
END OF DOCUPJIMT