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HomeMy WebLinkAboutD-2014-B Access Across and Encroachment Within the Public ROW APN 076-532-044 - 3505 Sequoia DrRecording Requested by: Tim and Debra Romano When recorded mail to: San Luis Obispo Public Works Department Development Review Division 919 Palm Street San Luis Obispo, CA 93401 JULIE RODEWALD San Luis Obispo County—Clerk/Recorder Recorded at the request of Public DOC#: zmaozasoz FIT 6/24/2014 3:44 PM Titles: 1 Pages: 3 Fees 20.00 Taxes 0.00 Others 0.00 PAID $20.00 AGREEMENT AFFECTING REAL PROPERTY AND ACCESS ACROSS AND ENCROACHMENT (THIN THE PUBLIC RIGHT-OF-VVAY FOR AND IN CONSIDERATION of the issuance of a revocable permit to allow an encroachment within the public right-of-way, said encroachment consisting of: The partial removal of a street barricade, street paving, sidewalk barrier construction, and related improvements continuing on to the adjoining private property to allow for access across the city owned Parcel C of Tract 317 as recorded in Book 7 of Maps at Page 6 on file in the Office of the County Recorder, City of San Luis Obispo, County of San Luis Obispo. A separate City of San Luis Obispo Encroachment Permit No. 05034 has been issued and has received final inspection approvals. The undersigned owners of the real property hereinafter described, hereby covenant with the City of San Luis Obispo to maintain the improvements in a safe and orderly fashion. The owner further agrees to remove, relocate, or temporarily abandon said improvements without cost to said City upon ninety (90) days written notice, which may be given by the City at any time at its sole option and reasonable discretion as the improvements relate to other work located within the public right-of-way. 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. Lastly, the owner agrees that said access shall be limited to that required for a single family residence along with any future permitted secondary dwelling unit as authorized by San Luis Obispo County codes and/or State Housing laws. This access agreement shall not apply to commercial ventures or other uses, leases, or improvements not specifically related to residential developments and/or home occupation uses as recognized within existing San Luis Obispo County codes. 70�"-- 9 Said property is located in the County of San Luis Obispo, State of California, and is described as follows: 1. The parcel of land described in the Grant Deed recorded as Doc 42013054448 on 9/24/2013 on file in the Office of the County Recorder of said county. 2. Assessors Parcel Number: 076-532-044 3. Commonly known as 3505 Sequoia Drive, San Luis Obispo, CA This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this day of M✓.\, C , 2014. r� N-1 MLL State of California } County of San Luis Obispo } J—Z�14' �-V &-r?o - g7L-e-7-?L0- Debra June 196mano On MAe-c.0 71" ao1H before me, GAMIEL MuWe- , Notary Public, personally appeared Timothy Romano and Debra June Romano, personally known to me (or proved to me on the basis of satisfactory evidence) to be the personCs Whose namCs , ar subscribed to the within instrument d acknowledged to me that llse ae xecuted the same in hllt,�r e' authorized capaci (ies and that by lsl their signat e s on the instrument the perse2o or the entity upon behalf of which the perso s acted, executed the instrument. Wl ESS my d and official seal. Notary Public Capacity claimed by signer(s): �yy;• GABRIEL MUNOZ Gommiubn 0 2028513 r ;] Notary Public - CMHomis i/ San Luis Obispo County .. Comm, Expires dune 11. 2017 (x) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency PROVED- Daryl R. rigsby, Public Works Director City of n uis Obispo (Autho zation Resolution No. 3897, 1979 Series) State f California } CouAty of San Luis Obis } APPROVED: Barbara Lynch, City, gineer City of San Luis Obisr' 6 (Authorization — Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } On May 23, 2014 before me, Laurie L. Thomas Nota Public Date Name and I itle of the Officer personally appeared, Barbara Lvnch Name of Sjoner 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 she executed the same in her authorized capacity, and that by her 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. WITNESS my hand and official seal. Signature 4L-t.c-- gnature of Notary Public LAURIE L. THOMAS Commission # 1966877 z �� Notary Public - California San Luis Obispo County MY Comm, Expires Feb 14, 2016 Place Notary Seal Above END OF DOCUMENT