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HomeMy WebLinkAboutD-1989-83730 Various Addresses on Royal Way and Sterling Lane, APN 53-111-45, Lots 1-13 of Tract 1438 Recorded 12/07/1989r r � Recording Requested by: �lRs� AMIE91CRN TIZ'�COC. NQ 83730 OFFICIAL RECORDS SAN LUIS OBISPO CO., CA and when recorded mail to: DEC O 7 1889 City Engineer P.O. Box 8100 FRANCIS M. COONEY 990 Palm Street County Clerk- Recorder San Luis Obispo, CA 93403 -8100 TIME 800 AM f AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR .TEMPORARY NCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY FOR AND IN CONSIDERATION of the issuance of this revocable permit to allow an encroachment temporarily within the public right -of -way, said encroachment consisting of: Kiosk structure housing mail boxes within Royal Way right -of -way at`Sterling Lane (Private Street) 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. Owners further agree to maintain the structure and vicinity by means of the homeowner's association and /or owners of nearby homes. If the owner 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 which may be alleged to have arisen out of the installation, maintenance existence, or removal of said encroachment and to indemnify City for any and all costs or 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. Lots 1 - 13, Tract 1438 as recorded in Book J5 of Maps at Page 1_9LA . 2. APN 53- 111 -45. 3. 2010, 2024, 2025, 2038, 2045, 2055, 2056, 2072, 2085 and 2088 Royal Way, and 2055, 2015, 2020 Sterling Lane VOL 3 427 PAGE 290 1 Q °- rls-_a �> a�0 This covenant so run with the land and shall �'6inding upon the undersigned owners, their,/- heirs, executors, administrators, and assigns. Dated this 7 -, day of Vol x Owner --= YSTATE OF CALIFORNIA -------------- -- ----------------------------------------------- COUNTY OF SAN LUIS OBISPO. ss. i i On this 28th day of November in the yearl989 before me w , , Diane R ,a ' • - STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ss. ON JULY 20, 1989 BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC FOR THE STATE OF CALIFORNIA, PERSONALLY APPEARED - CAROL -J.— GAZIN, STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO ss. ON JULY 20, 1989 BEFORE ME THE UNDERSIGNED, A NOTARY PUBLIC FOR THE STATE OF CALIFORNIA, PERSONALLY APPEARED KENNETH R. GAZIN, PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED THAT HE EXECUTED IT. ID OF DOCUMENT VOL J 4,C / PAGE Z .92 VOL 3 427 PAGE 291