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HomeMy WebLinkAboutD-1619B 2040 Wilding Lane - 003-593-017 - Encroachment consists of: retaining walls, landscape improvements, landscape irrigation, mailbox pedestal, and drainage improvements Recorded 08/09/2004JULIE RODEWALD San Luis Obispo — Clerk/Recorder Recorded at the request of Public Recording Requested by: D O C # : 2004070619 Jesse and June Norris _ -__-.... ._..._._._.............._... ... When recorded mail to: - -- --- -.._ City of San Luis Obispo Public Works Departmer Transportation and Development Review Division 955 Morro Street San Luis Obispo, CA 93401 SR 8/09/2004 3:20 PM Titles: 1 Pages: 2 Fees 10.00 Taxes 0.00 Others 0.00 PAID S10.00 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT 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 but not limited to: Retaining walls, landscape improvements, landscape irrigation, mailbox pedestal, and drainage improvements. 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. CY SLO Tract 118, Block B, Lots 6 & 7 as recorded in Book 5-of Maps- at.Page 110 on file in the Office of the County Recorder in said county ;I_� `v j 1 �. 2. Assessors Parcel Number: 003 - 593 -017 SEP 10 2004 ! 3. Commonly known as 2040 Wilding Lane This covenant shall run with the land and shall be binding upon the undersigned s, their. heirs, executors, administrators, and assigns. Dated this _� day of 12&1# 2004. "�b I(t4(qE 1 1 '. Owners: Jesse F�Norris, Trustee j e A. Norris, Trustee State of California } County of San Luis Obispo } On U 5� 2004, before me, Pamela K. King, Notary Public, personally appeared Jesse E. orris and June A. Norris, () personally known to me or 0 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. P4RtqkPublic Capacity claimed by signer(s): LISA M. MUMFORD f NOTAR P PUBLIC- CALIFORNIA SAN LUIS OBISPO COUNTY() COMA EXP. AUQ 5, ZOIA ) individual(s) ( ) corporation ( ) partnership APPROVED- Public Works Director City of San Luis Obispo (Authorization — Resolution o. 3897, 1979 Series) State of California } County of San Luis Obispo } On tP , 2004, before me, Pamela K. King, Notary Public, personally appeared Michael W 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. FAMIM K 00 itnessm hand offici seal. O"•t�lt>t Nokey Mft - CaN nft San UA Gbiwo CGU* MY Caron. b" id 11 >I�I vim Pamela K. King, Notary Public Capacity claimed by signer: ( X) political agency State. of California } iAdoc manasementtstreets \ ...... \temporary encroachment agreemcnt END OF DOCUMENT