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Home My WebLink AboutD-1619E 132 Broad - 001-014-058 - Encroachment consists of: wood fence and appurtenant landscape improvements located behind back of public sidewalk and within public right of way - Public improvements consist of: ADA sidewalk extension behind existing1PF JULIE RODEWA' MF San Luis Obispo Coui , —clerk/Recorder 9/27/2004 Recorded at the request of 8:00 AM Fidelity Title Company Recording Requested by: D 0 C # : 20040$4933 Richard McConaghay I IIII II VIII IIIIIIIIIIII II II IIII When recorded mail to: San Luis Obispo Public Works Department Transportation and Development Review Division 955 Morro Street San Luis Obispo, CA 93401 Titles: 1 Pages: Fees Taxes Others PAID AGREEMENT AFFECTING REAL PROPERTY FOR A .-` r... -, r,,. c•:r�+ P'�.•vC:'v �'`�: ` nS.'. •.t ,......1. - .- 1.,•...�'1j ��'•l:- .Yam. -:R.i Gi�T-J1 -'-. `A. +.r��'V 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 wood fence and appurtenant landscape improvements located behind the back of the public sidewalk and within the public right -of -way as shown on the tentative parcel map PM SLO 03 -0460. Said improvements shall be maintained in a safe and orderly manner. 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 owne.- 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: 2 10.00 0.00 0.00 $10.00 y 1. Parcel 1 of PM SLO 03 -0460 recorded as document no. o� boy. OP`7 qAn this a2 7 day of SL %�% �7ii3 2004. % n 1300 V— G a Pci 5P5 a sl- 3 v o r-c-e' l 2. Assessors Parcel Number: 001 -014 -058 3. Commonly known as 132 Broad This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this tS" day of 04.v , �� `o �/ State of California } County of San Luis Obispo } Richar . Mc naghay C ,w M�ffi�- On �i1?� 13 2004, before me,�e- IEirrg, Notary Public, personally appeared John D. Holloman and Richard A. McConaghay, r K 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. COURTNEY MOFFITT Commission A 1415620 Notary Publ, - Californla_ San Lull Obispo County Notary Public My Comrn. En*es May 4,2007 Capacity claimed by signer(s): ( ) individual(s) ( ) corporation ( ) partnership APPROVED: Gil Public Works Director City of San Luis Obispo .(Authorization —Resolution No. 3397, 1979 Series) State of California ) County of San Luis Obispo } On 2004, before me, Pamela K. King, Notary Public, personally appeared Michael A 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. fitness my hajdff ci seal. PAMELA K. KING Commission # 1422138 I4_1MV Notary Pubec - Caftomb San Luis obypa County aniela K. King, Notary Public Comm. E34*0 Jul 2, 2007 Capacity claimed by signer: ( ) political agency State of California } iAdoc manage ment\streets \ ...... \temporary encroachment agreement END OF DOCUMENT �� = �1 S �1Ge, '.14 �f. Recording Requested by: Richard McConaghay When recorded return to: City of San Luis Obispo Public Works Department 955 Morro Street San Luis Obispo, CA 93401 JULIE RODEWALD San Luis Obispo County erk/Reeorder Recorded at the request of Fidelity Title Company D o C #: 2004084934 I Titles: 1 RiVI�IIIIIIII�I�Mlllllfl � Taxes COVENANT TO INSTALL PUBLIC IMPROVEMENTS UPON REQUEST OF CITY MF 9/27/2004 8:00 AM Pages: 2 WHEREAS, the undersigned own certain real property commonly known as 132 Broad Street in the city of San Luis Obispo, and 10.00 0.00 0.00 510.00 WHEREAS, the undersigned have requested and been granted a temporary exception by the Public Works Director from the requirement of installing certain public improvements on said property conditioned upon execution of a covenant by the property owner agreeing to install said improvements at such time in the future as the city may request same. The deferral of improvements is necessary because of existing sidewalk and garage elevations and the necessity to comply with the city's Parking and Driveway Standards. NOW THEREFORE, in consideration of the granting of permission to temporarily defer installation of certain public improvements consisting of: An ADA sidewalk extension behind the existing driveway approach or replacement of the approach per city standards. The undersigned owner(s) of property hereinafter described hereby covenant with the City of San Luis Obispo to install all of said public improvements without cost to City upon 30 days written notice from the City of San Luis Obispo requesting that said improvements be installed. 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. Parcel 1 of PM SLO 03 -0460 recorded as document nosy -C16L1?3Z' on this o7 -7-rH day of 5301 2004. 300 AL 6d PQ�rs d-O -30 of 7� rC�� ✓YI.Ct,� 5 2. Assessors Parcel Number: 001 - 014 -058 3. Commonly known as 132 Broad This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this L day of 17 '2004./ Ir Afr * State of California ) County of San Luis Obispo } Rickar A. A c onag a Iv 04& On 2004, before me, i- i�`n1g, Notary Public, personally appeared, John D. Holloman and Richard A. McConaghay 0C) 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 stgt7atures on the inst1urnent the persons or the entity upon. behalf of which the persons acted, executed the instrument. Witness my hand and official seal. r 1 � 1 Notary Public Capacity claimed by signer(s): ( ) individual(s) ( ) corporation ( ) partnership APPROVED: Public Works Director City of San Luis Obispo (Authorization — Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } COURTNEY MOFFITT Commission s 1415620 Notary Public - California Son Luis Obispo Courtty Comm. E May 4.2007 On , 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 ness my hand and ficial s al. _s Notary Publk - CaHfomla San Luis obispo Coady k ; K MY Comm. Expires Jul 2, 2007 Pamela K. King, Notary Public Capacity claimed by signer: ( X ) political agency State of California } END OF DOCUMENT iAdoc management\streets \ ...... \Covenant to Install