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HomeMy WebLinkAboutD-2015-L Temporary Encroachment within Public ROW APN 052-401-009Recording Requested by: Bruce F. Cipriano and Bobbette L. Beeler 270 Warren Way 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 ASK San Luis Obispo County—Clerk/Recorder 11/06/2015 Recorded at the request of 3:11 PM Public D O C#: 2015057327 Titles: 1 Pages: 2 Fees 17.00 Taxes 0.00 Others 0.00 PAID $17.00 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY AND/OR WITHIN A CITY OWNED PARCEL 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: Approximately 35 foot long and two to four foot high Allan block wall along Warren Way street frontage. 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: 1. Legal: Lot 9, in Block I of Tract No. 71 ,McMillan Manor No. 18, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded December 16, 1952 in book 5 at page 88 of Maps, in the Office of the County Recorder of said County. 2. Assessor's Parcel Number: 052-401-009 Commonly known as 270 Warren Way, 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 2 day of 3r 2013. FA ■ fner(s)- Iiruce F. Cipriano State of California } County of San Luis Obispo } Bobbette L. Beeler On _ c7�15G 2�' * 2013, before me,�'t Notary Public, personally appeared Bruce F. Cipriano and Bobbette L. Beeler who proved to me on the basis of satisfactory evidence to be the persons(s) whose name(s)Xare subscribed to the within instrument and acknowledged to me that b0slam6they executed the same in kig)�crrllheir authorized capacity(ies), and that by IP-17their 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 seal. �� PRESTON 1 t3ARTON Commission 0 2024W e" w Notary PubNG - CaillDrrtia .t; f San hilts Obispo County Notary Public �..;Jr„^ ;' 'ray Cwnrn. ExpUre June 11, 2017 Capacity claimed by signer(s): individual(s) O corporation O partnership O attorney -in -fact O political agency APPROVED: Barbara Lynch, City Zngineer City of San Luis Obispo (Authorization -- Resolution No. 3897, 1979 Series) State of California County of San Luis Obispo On. w A ,2013,beforeme, n ���Mi`]jj:jeS Notary Public, persnallyed, 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 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 Witness my hand and official seal. _ Comm. #1983482 Notary Public• California San Luis Obispo County 014111 Comm. Expires June 26, 2016� Notary Public Capacity claimed by signcr. ( X ) political agency State of California } g:\\Permits\StreetAddresses\WARREN\270\dev rev\Agreement for Temporary Encroachment 2013.docx END OF DOCUMENT