HomeMy WebLinkAboutD-1634C 640 Caudill - 004-911-017 - Encroachment consists of: existing front yard fence located at the back of sidewalk Recorded 12/23/2004JULIE RODEWAL"
San Luis Obispo County —Clerk/Recorder
Recorded at the request of
Public
Doc #: 2004111641
Recording Requested by:
Brian and Deborah Bennett I IIII II III I II II IIII I I IIIIIIII
when recorded mail to:
San Luis Obispo Public Works Department
Transportation and Development Review Division
955 Morro Street
San Luis Obispo, CA 93401
SR
1212312004
11:51 AM
Titles: 1 Pages: 3
Fees
13.00
Taxes
0.00
Others
0.00
PAID
S13.00
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY
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: An
existing front yard fence located at the back of sidewalk. The fence shall otherwise
conform to the fence height requirements in the zoning regulations. The fence construction
and plantings shall be maintained in a safe manner and shall have no projections into the
public sidewalk area that would create a safety hazard.
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:
CY SLO Beebee and Phillips Addition, Portion of Lot 20 as described in the
attached Exhibit One
2. Assessors Parcel Number: 004- 911 -017
3. Commonly known as 640 Caudill
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Owner(s):
jt1n,"JA
.v P
Brian T. Bennett eborah J. IVennett
State of California }
County of San Luis Obispo }
On 2004, before me, Pamela K. King, Notary Public, personally appeared
Brian T. Bennett and Deborah J. Bennett, () personally known to me or- p+}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.
PAMELA K. KING
fitness my hand and official s 1. Commission s ta22138
4MYS Not ary Pubpc - Can Luis Obhpo tnly Cmm. E�irN Jut 2, 2007
Notary Public
Capacity claimed by sianer(s):
•("individual(s) ( ) corporation () partnership
orks Director
in Luis Obispo
ration — Resolution No. 3897, 1979 Series)
State of California }
County of San Luis Obispo }
On 1510•2 I � 2004, before me, Pamela K. King, Notary Public, personally appeared, Jay
D. Walter, 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.
tness my hand d o ci seat.
Pamela K. King, Notary Public
PAMELA K. 106
COMMUon i 1422134
No" Pabk - Ca"Wft
son US Obkpo Cou*
10MY calm. &ON Jt/ 2, 2m
Capacity claimed by signer. ( X ) political agency State of California
iAdoc manaoement\.streets \ ...... \temporary encroachment agreement
EXHIBIT "ONE"
That portion of Lot 20 of the property of W.L. Beebee and C.H. Phillips, as surveyed by
R.R. Harris, in November, 1874, according to the map thereof recorded in Book A, Page 44
of maps, in the office of the County Recorder of said County, described as follows:
Beginning at a point in the South line of Block 5, according to the map of Norton's Addition
to the city of San Luis Obispo, filed for record in the office of the County Recorder of.said
County, which point is 255.4 feet East of the Southwest corner of Lot 14 of said Block 5;
thence South 00 05' East, 136 feet, more or less, to the North line of Caudill Street, as
conveyed to the city of San Luis Obispo by deed recorded in Book 266, Page 266 of
Official Records; thence North 890 55' East along said North line, 75 feet to the
Southwest corner of the property conveyed to H.H. McBride, et ux., by deed recorded May
27, 1940, in Book 275, Page 361 of Official Records; thence North 01 5' West along the
Westerly line of said McBride property 135.9 feet, more or less, to the South line of said
Block 5; thence West along said South line, 75 feet to the point of beginning
Assessor's Parcel No: 004-911-017
END OF DOCUMENT