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HomeMy WebLinkAboutD-2015-AJ Temporary Encroachment within Public ROW APN 052-211-003TOMMY %.j)NG San Luis Obispo County—Clerk/Recorder Recording Requested by: Paulette Aurignac 440 Kentucky Avenue San Luis Obispo, CA 93405 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 ooCv: 2015059071 RT 11119/2015 2:09 PM Titles: 1 Pages: 3 Fees 20.00 Taxes 0.00 Others 0.00 PAID $20.00 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY 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 maximum 3 ft. high retaining wall, at least 6 ft. behind the face of curb, as approved by separate encroachment permit for construction. 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: As described in Grant Deed Doc# 2013037694 recorded at the County Clerk Recorder's office in San Luis Obispo, CA. 2. Assessor's Parcel Number: 052-211-003 Commonly known as 440 Kentucky Ave. in the City of San Luis Obispo This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this (5-K day of 0 A . , 2014. ,ZovS — A'a �Wn Paulette Aurignac State of California } County of San Luis Obispo } On f6 —16 — [4- , 2014, before me, L , d , /J�R—T460JL , Notary Public, personally appeared Paulette Aurignac 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. WIT • SSS t hand a d official sea Z. Notary Public Capacity claimed by sigrrer(s); L. A. BERTRAND Commission # 2038021 z -� Notary Public - California a x San Luis Obispo County My Comm. Expires Sep 16.2017 (44 individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency 0rau [GIM 3 G Barbara Lynch, Cltty�igi er City of San Luis Obispo (Authorization — Resolution No. 3897, 1979 Series) State o aiifornia } County of NkLuis Obispo } On personally appeared, BA name is subscribed to the 2014, before me, Lynch who proved to me on the ft,instrument and acknowledee4 capacity, and that by her signature he instrument executed the instrument. � I certify under PENALTY OF PERJUR true and correct. / Witness my hand and of Notary Public Notary Public, jOKof satisfactory evidence to be the person whose to me that she executed the same in her authorized or the entity upon behalf of which the person acted, of the State of California that the foregoing paragraph is CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public 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 4)rA rr U,LA-5 . On before me,' Date personally appeared �0( �`-> 0- V-CL. Here Insert Name and Trtle of the Officer of Signer(s) 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 capacity(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. 6WMA INITi10W>:MIPSOM Cps 12MIN *my POW - CM M" so Lek Ow" c4my Coffin.I MW23.2010t 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. '— -) (Ir Signature ignature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: _ ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r 02014 National Notary Association - www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 END OF DOCUMENT