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
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