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HomeMy WebLinkAboutD-1612B 4300 Larkspur - 053-400-003 - Encroach consists of: short landscape retaining wall, landscaping and landscape irrigation Recorded 04/16/2004Recording Requested by:. Flora Lee Price When recorded mail to: San Luis Obispo Public Works Department Transportation and Development Review Divisior 955 Morro Street San Luis Obispo, CA 93401 JULIE RODEWI San Luis Obispo Co ClerklRecorder Recorded at the request of Public Doc #: 2004031526 MF 4/16/2004 11:33 AM Titles: 1 Pages: 3 Fees 13.00 Taxes 0.00 Others 0.00 PAID $13.00 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY t 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: A short landscape retaining wall, landscaping, and landscape irrigation per the attached plan shown as Exhibit A. 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. Tract 2211 Lot 1 as recorded in Book 18 of Maps at Page 31 in the Office of the County Recorder of said county 2. Assessors Parcel Number: 053- 400 -003 3. Commonly known as 4300 Larkspur This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this _�ay of '2004 ODe Flora Lee Price State of California } County of San Luis Obispo } On , 2004, before me, Diane Stuart, Notary Public, personally appeared Flora Lee Price, ( X ) personally known to me or ( ) proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed the instrument. Witness my hand and official seal. \ Notary Public Capacity claimed by signer: (X ) individual(s) ( ) corporation O partnership APPROVED: Public Works Director City of San Luis Obispo (Authorization — Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } OFFICIAL SEAL DIANE R. STUART - CALIFORNIA COMMISSION #1305430 SAN LUIS OBISPO COUNTY My Commisslon Exp. June 20, 2003 On , 2004, before me, Pamela K. King, Notary Public, personally appeared Michael D. McCluskey, 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. Wi ss my hand and offs ial eal. PAMdA IL NO Coemladm # 1422138 Nohsy Pubic - Ca fomla Pamela K.. King, Notary Public sfan Lull Obhpo Courglr 10,mv COMM eq*n JW 2.2007 Capacity claimed by signer: ( X) political agency State of California ly ILI OEXHIBIT "A" -Z i \T I I !� JI Y �! I �� II 3 ' 3 J Z Z � 3 1 v-:X Q tin n nnrlt WENT