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HomeMy WebLinkAboutD-2015-AB Temporary Encroachment within Public ROW APN 004-841-018TOMMY GONG San Luis Obispo County — Clerk/Recorder Recording Requested by: John J. Moller 6591 Collins Drive, Suite Ell Moorpark, CA 93021 When recorded mail to: City of San Luis Obispo Public Works Department Development Review Division 919 Palm Street San Luis Obispo, CA 93401 Recorded at the request of Public ooCn: 2015058325 111111111111111111111111111 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY AG 11/16/2015 9:52 AM Titles: 1 Pages: 2 Fees '17.90 Taxes 0.00 Others 0.00 PAID 517.00 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 flagpole in the landscaped right-of- way bordered by Lawton Avenue, South Street and Broad Street, per the approved City plans and permit. The flagpole is to be maintained by the owner of 2211 Broad Street. 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: All that portion of lots 1, 2 and 3 of block 1 of Norton's Addition to the City of San Luis Obispo, State of California, as said lots are shown on map filed in book 1, page 79 of maps, described in grant deed document number 2013065863 recorded on 11/27/2013 in the County Recorder's Office of San Luis Obispo, CA 2. Assessor's Parcel Number: 004-841-018 3. Commonly known as 2211 Broad Street in the City of 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 -UT�day of tow, 2015. Owner: Joh . Moller APA D: Barbara Lynch, Ci l ngigor City of San Luis Obispo (Authorization — Resolution No. 3897, 1979 Series) 20 v:�- -A-B AdoNotary Public or other officer completing this certificate verifies only the identity of the individual who signed the cum entt to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California v� County of �q} On "1 , before me, ame a e o a leer i A 1 personally appeared, , l mn who proved to me on the basis of satisfactory evidence to be the person whose name l ARM subscribed to the within instrument and acknowledged to me tha#(j� executed the same in heir authorized capacity{es�, and that by is Signature on the instrument the Person or the entity upon behalf of which the person f, 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 .gna ure ❑ � ary u xc *1499b�IiNJEATHEHH STONE COMM. #198815,4 Z Notary Public • California � Ventura County Lamm. Ex ices A . 16, 2U16 Place Notary Seal Above - vurary ruotic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached and not the truthfulness, accuracy, or validity of that document. State of California } County of San Luis Obispo } On ?� 5 , before me, l� Dan 1 a e leer personally appeared, who proved to me on the basis of satisfactory evidence to be the person(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 capac4(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 nnrrart WITNESS my hand and official seal. Signature `,,!at gna ure a o r� �� - am-- - --- PHf L4 A#ffWNYy H><HHNPHf IN CONNUft # 20H198 LI wow 0 60 of IN S WO Place Notary Seal Above END OF DOCUMENT