HomeMy WebLinkAboutD-2011-B Temporary Encroachment within the Public ROW APN 002-427-001"'IRecording Requested by:
Ali Vandani, Lessee on Behalf of Wineman Building LLC
Wineman Building at 839 Higuera Street
San Luis Obispo, CA 93401
Wineman Building LLC
5508 South Santa Fe Avenue
Los Angeles, CA 90058
When recorded mail to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
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AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT-OF-WAY
FOR AND IN CONSIDERA'riON of the issuance of a revocable permit to allow an encroachment
temporarily within the public right-of-way, said encroachment consisting of: Temporary installation ofholiday
lights in street frees along the frontage of 839 Higuera Street, San Luis Obispo, CA 93401.
The undersigned lessee 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 48 hours written notice, which may be given by the
City at any time at its sole option and discretion.
If the lessee 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 ofsaid removal against the real property described herein. Lessee further acknowledges that, in the event of
such removal by City, City is not liable for any damages to the encroachment or toany adjacent real or personal
property.
Lessee 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: A portion of Block 99 of the Mission Vineyard Tract, recorded in Map Book A, Page
143, in the County of San Luis Obispo, CA.
Assessors Parcel Number: 002-427-001
Commonly known as 839 Higuera in the City of San Luis Obispo
This covenant shall run with the land and shall be binding upon the undersigned Lessee, their heirs, executors,
administrators, and assigns.
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Dated this Z3 day of V , 2010.
Lessee:
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IV
State of California }
County of San Luis Obispo }
On
2010, before me, Notary Public,
personally appeared Ali Vandani 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 authorized
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.
W112qESS my hand and off'' ial seal. AdczNk. TAMILLA J. HANSON
Commission N 179117�
Notary hallo - Ca itarnic
San Luis Oblrpa County
Notary Public *Q"M9MMF@bI4.XI2 r
Capacity claimed by lLgner[�]•
( ) individual(s) k rpration () partnership ( )attorney -in -fact () political agency
ter, Public Works Director
Luis Obispo
inn — Resolution No. 3897, 1979 Series)
State of California
ZCof San Luis Obispo }
2010, before me,
Notary Public,
personally appeared, Jay D. Walter who proved to me o 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.
DWi
Uandffrci se
TAMILLA J. HAN 6
Notary Public Commission 0 1791 L
Notary Public - Calihm1 is
Ca aci claimed b si ner: X San tub C r
( ) political agency State of California t+A�►COMFM plwt�bl4,W2
G:\PublicWorks\Permits\StreetAddresses\HIGUERA\839\Dev Rev