HomeMy WebLinkAboutD-1555A 1317 Broad Street - 003-522-006 Recorded 10/11/2001AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY
FOR AND IN CONSIDERATION of the issuance of this revocable permit to allow an
encroachment temporarily within the public right -of -way, said encroachment consisting of:
Fencing, landscaping and landscape irrigation system
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. That property described in Document No. 1999 - 057259, recorded on August 6,
1999, in Official Records, County Recorders Office, City of San Luis Obispo,
County of San Luis Obispo, State of California.
2. Assessors Parcel Number: 003 -522 -006
3. Commonly known as 1317 Broad Street, San Luis Obispo, CA
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JULIE RODEWALD
DAR -- — -`
San Luis Obispo County- ClerklRecorder
10/11/2001
Recorded at the request ot
3:31 PM
Public
D O c#: 200107$170
Titles: 1
Pages: 3
Recording Requested by:
Roland Maddalena
Fees
13.00
Taxes
0.00
Others
0.00
when recorded mail to:
PAID
$13.00
City Engineer
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955 Morro Street
San Luis Obispo, CA 93401
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY
FOR AND IN CONSIDERATION of the issuance of this revocable permit to allow an
encroachment temporarily within the public right -of -way, said encroachment consisting of:
Fencing, landscaping and landscape irrigation system
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. That property described in Document No. 1999 - 057259, recorded on August 6,
1999, in Official Records, County Recorders Office, City of San Luis Obispo,
County of San Luis Obispo, State of California.
2. Assessors Parcel Number: 003 -522 -006
3. Commonly known as 1317 Broad Street, San Luis Obispo, CA
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AGREEMENT AFFECTING REAL PROPERTY
Page 2
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this 32t1% day of 12001.
Maddalena Family Trust
B:
Roland C.. Maddalena, Trustee Marlene M. Maddalena, Trustee
APPROVED:
L%
Public Works Director
City of San Luis Obispo
(Authorization - Resolution No. 3897, 1979 Series)
Attach Notary Certificate
G:\DevRev \....\Broad 1317 fence covenant.doc
STATE OF CALIFORNIA,
COUNTY OF San _Luis Obispo S.S.
On August 30, 2001 , before me, Sue Zakaria
a Notary Public in and for said County and State, personally
appeared Roland C. Maddalena, Trustee and Marlene M. Maddalena, Trustee
personally known to me (
to be
the person(s) whose name(s) Ware subscribed to
the within instrument and acknowledged to me that
tmakkm they executed the same in #istiemttheir
authorized capacity(ies), and that by i3isikerttheir
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA,
COUNTY OF San Luis Obispo I S.S.
On Septembe 27, 2001 , before me, Pamela K. King
a Notary Public in and for said County and State, personally
appeared licbael D_ McCluskU, Di rector of Public Works- City of S n T. ,_; s Obi sp- CA
personally known to me n
e) to be
the person(s) whose name(a is /am subscribed to
the within instrument and acknowledged to me that
helsbmb=F executed the same in his/koftak
authorized capacity#*, and that by his /
signature(* on the instrument the person(s), or
the entity upon behalf of which the person(*
acted, executed the instrument.
WITNESS my and and official se I.
Signat
FOR NOTARY SEAL OR STAMP
PAMELA K. KING
Commission # 1227306 Z
z Notary Public - California zy
San Luis Obispo County
My Comm. Expires Jul 2, 2003
TE 160 Legal (2-94) END QF.DOCUMENT
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