HomeMy WebLinkAboutD-1619D 450 N. Chorro - 460 N. Chorro - 480 N. Chorro - 052-331-021 - 052-331-022 - Encroachment consists of: 2� concrete retaining wall, appurtenant drainage improvements, landscape irrigation, and landscaping located behind back of existing sidewalk. R.t . . �
Recording Requested by:
Richard H. McCapes
When recorded mail to:
Sari Luis Obispo Public Works Department
Transportation and Development Review Division
955 Morro Street
San Luis Obispo, CA 93401
JULIE RODEV1A1.D
SR
San Luis Obispo l AV — Clerk/Recorder
9/15/2004
Recorded at the request of
9:38 AM
Public
D D C #: 2004081587
Titles: t
Pages: 3
Fees
1
IIII II III I III I IIII I VIII III
Taxes
0.00
Others
PAID
S13.00
AGREEMENT AFFECTING REAL PROPERTY FOR A
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:
A 2' concrete retaining wall, appurtenant drainage improvements, landscape irrigation,
and landscaping located behind the back of the existing sidewalk. Subject to all conditions
of the required encroachment permit, city codes, and ordinances. See 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:
Parcel 1 and Parcel 2 as shown on Document No. 34987 as recorded in Book 43
at Page 59 of Licensed Surveys in the Office of the County Recorder in said
county.
2. Assessors Parcel Numbers: 052-331-021,052-331-022
3. Commonly known as 450, 460, and 480 North Chorro
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
-DaPO -D
.N
Owner:
Richard H. McCapes, Manager of the NlcCapes Family LLC
State of California
County of Yolo }
On u G .26, , 2004, before me, Notary Public,
personally appeared Richard H. McCapes, ( ) personally known to me or proved to me on
the basis of satisfactory evidence to be die 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.
N P lic
Capacity claimed by signer(s):
(�--) individual(s) ( ) corporation
fi�a° •h MARK HICKEY Z
COMM. # 1361844
i es NOTARYPUBLIC - CALIFORNIA
Z '� YOLO COUNTY
w My Comm. Expires JUN 22, 2006 V
( ) partnership (X) LLC
APPROVED:
Public Works Director
City of San Luis Obispo
(Authorization — Resolution No. 3897, 1979 Series)
State of California }
County of San Luis Obispo }
On 3 , 2004, before me, Pamela K. King, Notary Public, personally appeared
Michael b. 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.
PAMELA K. KING
Commission # 1422138
fitness my hand and fficial se 1. _m Notary Public • Callfomla
. San Luis Obispo County
My Comm. Expires Jul 2.20
amela K. King, Notary Public
Capacity claimed by signer: ( X ) political agency State of California
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