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