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HomeMy WebLinkAboutD-2013-D Temporary Encroachment within Public ROW APN 004-845-008 - RoundhouseRecording Requested by: Roundhouse Place Partners, LLC PO Box 30157 Santa Barbara, CA 93130 When recorded mail to: City of San Luis Obispo Public Works Department Development Review Division 919 Palm Street San Luis Obispo, CA 93401 AM JULIE RODEWALD Clerk/Recorder 1l1V2013 San Luis [Obispo COcnty— 4:25 PM Recorded at the request of Public DOC#: 2013002138 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY Titles: 1 Pages: 2 Fees 17.00 Taxes 0.00 Others 0.00 PAID $17.00 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: All existing or proposed permitted improvements located within the unimproved portion of the Roundhouse Ave. public right-of-way including but not limited to drainage improvements, landscape, landscape irrigation, utilities, and appurtenant site work. 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 90 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: PARCEL 2 OF PARCEL MAP SLO 04-0160, IN THE CITY OF SAN LUIS OBISPO, COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, ACCORDING TO THE MAP RECORDED APRIL 17, 2007 IN BOOK 68, PAGES 69 AND 70 OF PARCEL MAPS, AND AS PER CERTIFICATE OF CORRECTION RECORDED OCTOBER 16, 2007 AS INSTRUMENT NO.2007069068 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 004-845-008 Commonly known as: 2178, 2200 & 2224 Emily Street, San Luis Obispo, CA 93401 This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. 11^' Dated this ' day of N 0 Vew c;,A 2012. Uwner(s Andr R Fuller, anager of the Roundhouse Place Partners, LLC State of California } County of San Luis Obispo } On �Jd ✓ew1-b eJl- c6p , 2012 before me, K• k, ; Notary Public, personally appeared Andrew R Fuller 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. 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, - I Notary Public Capacity claimed by sig<ner{s): K. R. DOMINCUEZ ��,, Commission # 1947217 a �`+� Notary Public - California z Z iP _y_,. A '; Santa Barbara County r My Comm. Expires Aug 7, 2015 ( ) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency APPROVED- arbara Lynch, sty gi.neer City of San Luis Obispo (Authorization — City of San Luis Obispo Municipal Code Section 12.16.050) State of California } County of San Luis Obispo } On'V I o ► f�y� (.lsurt.. ur�ii-r , 20 Aesfore me, S Notary Public, personally appeared Barbara Lynch, 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. ANDREA M. MONTES W• ss my hand and official seal. Comm. #1983482 n "� Notary Public• California, �+ r San Luis Obispo County i G [/ Comm. Expires June 28, 2016 Notary Public CgReity_clairned by signer: ( X ) political agency State of California g:\permits\\StreetAddresses\EMILY\2178\Dev Rev \Agreement for Temporary Encroachment - roundhouse END OF DOCUMENT