HomeMy WebLinkAboutD-2015-J Temporary Encroachment within Public ROW APN 004-753-022Recording Requested by:
Jack and Suzanne Phelan
3391 Sequoia Drive
San Luis Obispo, CA 93401
When recorded mail to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
TOMMY GONG
San Luis Obispo County—cierklRecorder
Recorded at the request of
Public
DOC#: zoisosiaza
1111111111111111111111111111111111111
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY
ASK
11/06/2015
3:00 PM
Titles: 1 Pages: 2
Fees
17.00
Taxes
0.00
Others
0.00
PAIL?
$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: A small yard fence extending the full
length of the property on the Southwood Drive frontage, continuing up Sequoia Drive and abutting the driveway
at 3391 Sequoia Drive.
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:
Legal: Grant Deed document # 2008040933 recorded by the County Recorder's Office of San
Luis Obispo at 8:OOAM on August 8`h , 2008.
Assessor's Parcel Number: 004-753-022
3. Commonly known as 3391 Sequoia Drive, 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.
Dated this day of rl _Q� 2014.
2 C,l' �-3
J Phelan Sq4tnnj0AV6ian
State of California }
County of San Luis Obispo }
On s uUti 0 , 2014, before me,. &e�ty % TAM46 1�&4ffial ► � Notary Public
personally appeared Jack Phelan and Suzanne Phelan who proved to me on the basis of satisfactory evidence to
be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon
behalf of which the persons 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. fNARCi15 JAMES RICHAAOND
Comw4nlon 0 2009212
X' NoWy Pubk - CatllomA
Notary Public 33 Son Lids ObWpo County
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Voalaimed b s edual(s) () corporation () partnership () attorney -in -fact () political agency
Fl!'DWED;
r ara Lynch, CAtftnginAer
City of San Luis Obispo
(Authorization — Resolution No. 3897, 1979 Series)
State of California }
County of San Luis Obispo }
OnJc,o4-&ft 6 ,#- L 2014, before me, L a-u-rf— L . ! JVs►�aS Notary Public.
personally 6ppeared, Barbara Lynch 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 of Notary Public
LAURIE L. THOMAS
Commission # 1966877
i `� Notary Public - California z
z San Luis Obispo County A
My Comm. Expires Feb 14, 2016