HomeMy WebLinkAboutD-1619A1 2021 Swazey Street - 2023 Swazey Street - 003-652-018 - Encroachment consists of: plastic drain pipe leading from the upslope property down the adjoining slope bank located on property owned by the City of SLO. Recorded 07/29/2004Recording Requested by:
Tom and Susan Stenovec
When recorded mail to:
City of San Luis Obispo
Public Works Department
955 Morro Street
San Luis Obispo, CA 93401
JULIE RODEVIA' D
San Luis Obispo C iy— Clerk/Recorder
Recorded at the request of
Public
DOC #: 2004067379
NR
7/29/2004
10:56 AM
Titles: 1
Pages: 4
Fees
16.00
Taxes
0.00
Others
0.00
PAID
S16.00
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT ONTO A CITY OWNED PARCEL
FOR AND IN CONSIDERATION of the issuance of revocable approval to allow an
encroachment temporarily onto a city owned parcel of land, said encroachment consisting of:
A plastic drain pipe leading from the upslope property down the adjoining slope bank
located on property owned by the City of San Luis Obispo. The pipe terminates to an
approved outlet near the city owned Railroad Bike Path. Maintenance of the pipe and
outlet is the responsibility of the beneficiary property. Any erosion caused by this
installation shall be corrected by the beneficiary. Future access for maintenance purposes
shall be approved by the city prior to commencing with construction, maintenance, or
construction staging on the city parcel. See the attached plan labeled 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.
The beneficiary property is located in the City of San Luis Obispo, County of San Luis Obispo,
State of California, and is described as follows:
1. See the attached legal description Exhibit B and map Exhibit C
2. Assessors Parcel Number: 003 -652 -018
3. Commonly known as 2021 and 2023 Swazey Street
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated this day of LA '2004.
� l co q A
Owners .
J. TI: n:as S enovee
State of California }
County of San Luis Obispo }
4 ) 0
Susan W. Stenovec
On , 2004, before me, Pamela K. King, Notary Public, personally appeared
I TI{o} as Stg ovec and Susan W. Stenovec, () personally known to me orb 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. Q-0 PAMELA K. KING
t CommbalM #t 142215!
Notary PublIC - CaYt mia
Notary Public eMM � 207
Capacity claimed by signer(s):
�- ndividual(s) O 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 }
On 2004, before me, Pamela K. King, Notary Public, personally appeared
cha 1 D. c luskey, proved to me on the basis of satisfactory evidence to be the person whose
n rs 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.
PAMELA K. KING
ess my hand and official seal. s C°nx"habn s 1422158
! Notory Rd*c . Caafomla
San Lida Obispo Cw*
ny Cw"- EPiI t JW 2, 2007
Pamela K. King, Notary Public
ti J
Capacity claimed by signer: ( X) political agency State of California }
iAdoc manauement\streets \ ...... \temporary encroachment agreement
EXHIBIT it D
All that portion of Lots 5 and 6 in Block 187 -B of Ingleside Homestead Tract, in the City of
San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for
record October 1 1, 1887 in Book A, Page 132 of Maps, in the office of the County
Recorder of said County, described as follows:
Beginning at a point on the East line of said Lot 5, 40 feet South of the Northeast corner of
said Lot;
thence West and parallel with the South line of said Lot, 144.02 feet, more or less, to a
point in the West line of said Lot;
thence South along the West line of said Lots 5 and 6, 38 feet;
thence East and parallel with the South line of said Lot 5, 144.02 feet, more or less, to the
East line of said Lot 6;
thence North along the East line of said Lots 6 and 5, 38 feet to the point of beginning.
Together with that portion of Emily Street abandoned pursuant to Resolution No. 126
(1956 Series) recorded September 24, 1956 in Book 863, page 322 of Official Records of
said county that would pass by conveyance of said land.
Assessor's Parcel No: 003- 652 -018
2
iI
EL K S-T 1
f
WAY
�a
�> G l -T`9 piC, P
/. y,di�p[vr G
,a
�0.+i„14'�f- �• Oe ,) l,. c.,nnA (n F-Y�oZ
(�tq�u T
O
tj I .
R
5
L
N
i �zv 652
�iti� zY. le .
it
1 I
2033 20 2021
I sa
�z
4.1 AC. .
END OF DOCUMENT