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HomeMy WebLinkAboutD-1887 1125 Oak Street, SLO, APN 001-113-007, CY SLO BL 81 PTN LT 2, Doc. 1468, Vol 1463 OR Page 225 County Recorder�s Office Recorded 04/11/2011AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE 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, said encroachment consisting of: A wood fence, yardscape, and paving improvements outside the fence. Said improvements shall be installed in accordance with the approved . encroachment permit plans. Access to the water meter and streetlight shall be maintained The fence and any landscape plantings shall maintain an appropriate line of sight through the property frontage. 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 City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: 1. Legal: CY SLO BL 81 PTN LT 2 and as further described in the Quitclaim Deed recorded as Doc. No. 1468 and on file in Vol. 1463 OR Page 225 in the Office of the County Recorder of said county. ,2..,.. Assessors Parcel Number: 001 - 113 -007 3. Commonly, known -as 1125 Oak Sheet in the Ci[y 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 f D - - day of 2011. I �P- JULIE RODEW San Luis Obispo Cot* Clerk/Recorder AM 4/11/2011 Recording Requested by: Recorded at the iequest of 12:07 PM Jim Lewis Public t D.o c # : 2011017665 Titles: 1 Pages: 2 When recorded mail to: City of San Luis Obispo Public Works Department � Fees 17.00 Development Review Division Taxes 0.00 919 Palm Street Others 0.00 San Luis Obispo, CA 93401 ____ — PAID $17.00 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE 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, said encroachment consisting of: A wood fence, yardscape, and paving improvements outside the fence. Said improvements shall be installed in accordance with the approved . encroachment permit plans. Access to the water meter and streetlight shall be maintained The fence and any landscape plantings shall maintain an appropriate line of sight through the property frontage. 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 City of San Luis Obispo, County of San Luis Obispo, State of California, and is described as follows: 1. Legal: CY SLO BL 81 PTN LT 2 and as further described in the Quitclaim Deed recorded as Doc. No. 1468 and on file in Vol. 1463 OR Page 225 in the Office of the County Recorder of said county. ,2..,.. Assessors Parcel Number: 001 - 113 -007 3. Commonly, known -as 1125 Oak Sheet in the Ci[y 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 f D - - day of 2011. I �P- O� • er(s): • • ames Lewis State of California } County of San Luis Obispo } On AQtL , 2011, before me. 1 LU! L� ll �) �U// nn n , Notary Public, personally appeared James Lewis who proved to me on the basis of satisfactory evidence to be the persons(s) whose name(9) is/at' subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/%&/ Sbeig authorized capacity,(ieg), and that by hisf /fir signature( on the instrument the person(s,); or the entity upon behalf of which the person (,s� 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. TAMIL LA J. HANSOM WI;IMSS my hand and fftcial seal. Commisslon • 1791178 Notary Pubdc - C01110"" bon Lulis 004" COW" Notary Public Oomll' Capacity claimed by signer(s): ( ) individual(s) () co oration () partnership () attorney -in -fact () political agency _AP Jay P. ter, Public Works Director City<:of Luis Obispo (At� zation — Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } ------ On 2011, before me, /�„�/jL����.f?1!�/f'CC PJ / / Notary Public, persona y appeared, Jay D. Walter 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 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TAMILLA J. NANSON Wi ess my hand and official seal. CommWgon ! 1791170 No" Putft - CaN G"M San Luis ObISIM Courtly _ ._ Cam► �i�t ! , Notary Public Capacity claimed by signer: ( X ) political agency State of California G: \permits\streetaddresses \oak \1125 \devrev ............... END OF DOCUMENT