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HomeMy WebLinkAboutD-2115 Public Sewer Easement Encroachment - Mavis 2326 Santa YnezRecording Requested by and When recorded mail to: City of San Cuis Obispo Engineering Development R i 919 Palm Street t San Luis Obispo, CA 93401 ZO�g FEB 0 7 SLO CITY CLERK 2019002683 Tommy Gong San Luis Obispo — County Clerk—Recorder 01/24/2019 12:11 PM Recorded at the request of: PUBLIC Titles: 1 Pages: 4 Fees: $0.00 Taxes: 0.00 Total: 0.00 No fee pursuant to Government Code § 6103 No Documentary Transfer Tax per R&T Code § 11922 No Recording Fee per Government Code § 27383 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR ENCROACHMENT WITHIN THE PUBLIC SEWER EASEMENT FOR AND IN CONSIDERATION of the issuance of a revocable permit to allow encroachments within the public sewer easement, said encroachments consisting of: Decks, footings, underground drainage systems, swales and level spreaders within the sewer easement retained as part of the San Juan Drive abandonment, and retaining walls supporting the common driveway off of Santa Ynez. 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: See Exhibit A 2. Assessor's Parcel Number: 052-136-048 3. Commonly known as 2326 Santa Ynez 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 )Q- day of �v,✓ Owners C fh r Flint Ma is V ' �' APPROVED: Matt Horn, City Engineer City of San Luis Obispo (Authorization — Resolution No. 3897, 1979 Series) Piper Mavis A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of Sari-L�b oma. )pp., On D I - before me, oe ( c - tti7c r I Date Name and Title of the Officer personally appeared, v -t Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. FIORELLA PAOLA SALAZAR Notary Public - California WITNESS my hand and official seal. _ ' Los Angeles County Commission # 2248710 A/Z a�fX_ My Comm. Expires Jul 2, 2022 Signature Si nature of NdkZrX Pu C Place Notary Seal Above A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of S i tti�jA }sys On Q (-- 2- before me, �iue-0 Z, - 00.12 �r V 12 1+ Date Name and Title of the Officer personally appeared, Name of Signer[sy who proved to me on the basis of satisfactory evidence to be the person(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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. rIORELLA PAOLA SALAZAR s Notary Public - California WITNESS my hand and official seal. _ Los Angeles County Commission # 2248710 My Comm. Expires Jul 2, 2022 Signature 5.igr.r.ure Ur .a!'y E' l.c Place Notary Seal Above ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of XVMJ On Z.?- 24before me, (insert name and title of the officer) personally appeared 111 A,rf P N who proved to me on the basis of satisfactory evidence to be the person(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. 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. Signature 0 1 �_. 41mmaw (Seal) DIANE DOSTALEK Commission # 2138341 s Notary Public - California 9 San Luis Obispo County n Exhibit A Legal Description in Full Lot 2 in Block 6 of Monterey Heights, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded September 23, 1925 in Book 3, Page 66 of Maps, together with that portion of San Juan Drive, abandoned by the City of San Luis Obispo, per Resolution Numbers 9676(2005 Series) and 9846(2006 Series) both recorded April 5, 2012 as instrument numbers 2012018413 and 2012018414 of Official Records.