HomeMy WebLinkAboutD-1639B 2222 Florence Avenue - 003-676-069 - Encroachment consists of: access, installation and maintenance of retaining wall tie-back anchors Recorded 03/11/2005JULIE RODE LD
San Luis Obispo Jnty— Clerk/Recorder
• Recorded at the request of
Public
Recording Requested by:
Leland Terrace Condominium Association,
A CA Corp
ry I20
II0I501^e9p3p3
When recorded mail to:
San Luis Obispo Public Works Department -
Transportation and Development Review Division
955 Morro Street
San Luis Obispo, CA 93401
AGREEMENT AFFECTING REAL PROPERTY AND
PERMIT FOR TEMPORARY ENCROACHMENT
""'THIN ONTO PUBLIC PROPERTY
AR
3/11/2005
9:44 AM
Titles: 1
Pages: 3
Fees
13.00
Taxes
0.00
Others
0.00
PAID
$13.00
APN: 003 - 676 -069
FOR AND IN CONSIDERATION of the issuance of a revocable permit to allow an encroachment
temporarily onto public property, said encroachment consisting of:
Access, installation and maintenance of retaining wall tie -back anchors as approved by a
City of San Luis Obispo Building permit within a portion of Lot 30, Tract 926 as
recorded in Book 13, Page 3 of Maps in the Office of the County Recorder of San Luis
Obispo County California. Said area of encroachment is more particularly described as
follows, being a '30 -foot wide strip of land along the -south westerly boundary of said Lot
30 beginning at-the intersection of the two lines having bearings of N37 °42'53 "W and
N74 °22'40" and extending northwesterly along said line with a bearing of N37 °42'53 "W
for a distance of 75 -feet, as shown on 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. Notice from City will only
occur if the need for the retaining wall ceases or the encroachment becomes a public nuisance.
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; or any further land movement of the
landslide area; 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. Lot 3 of Tract 1034, Recorded in Book 13, Page 4 of Maps in the Office of the County
- �1> i (03q
Recorder of said County on January 13, 1986.
2. Assessors Parcel Number: 003 - 676 -069
0
3. Commonly known as 2222 Florence Avenue, San Luis Obispo California
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 Fc_ 12005.
tj
Owner(s):
.Leland Terrace Condominium Corporation, A California Corporation
Name: FraK K.ey 6-- Cox
Title: Se°cr+e'%+�r, &ar(ef'D%r0-ctdr5
APPROVED:
Ja W to
h lic Works Director
City f San Luis Obispo
State of California }
County of San Luis Obispo }
On �3 , 2005, before me, Pamela K. King, Notary Public, personally appeared Jay 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.
Fk%WL I
tness my hand and fficial s al. Cal 1- 0.1 nIn .
Hdoy Nac - Cdboft
` San uft omwo ewi*
I* CWdL "M jmdIS& f
Pamela K. King, Notary Public
Capacity claimed by signer: ( X ) political agency State of California }
APPROVED AS TO FORM:
CIT TORNEY Jonathan P. Lowell
dh MID-STATE BANK
CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT
i
State of California
County of San Luis Obispo
On February 11, 2005 before me, Autumn Farelas Notary Public, personally appeared Frankey E. Cox,
❑ personally known to me - OR - ® proved to me on the
basis of tisfactory evidence to be the person whose
name) Fare subscribed to the within instrument and.
ackn wledged to me that he/ he they executed the same in
his their authorized capacity(ip6), and that by
AUTUMN FARELZ hiS their signature on the instrument the person, or
o :.�< C O M M 111/1,13 910 the entity upon be alf of which the person acted,
NOTARY i'uiu n. cnLIFORNIA
SAN LUIS Uiu:tl'O COUNTY o executed the instrument. -
My Comm. Expires October 6, 2007
r
WITNESS my hand and official seal.
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER (PRINCIPAL)
® Individual
❑ Corporate Officer
Title
❑ Partner(s) ❑ Limited
❑ General
❑ Attorney -in -Fact
❑ Trustee(s)
❑ Guardian/conservator
❑ Other:
Absent Signer (Principal) is Representing:
ADM -005 (02/98)
DESCRIPTION OF ATTACHED DOCUMENT
Agreement Affecting Real Property and Permit For
Temporary Encroachment Within Onto Public
Property
Title or Type of Document
2
Number of Pages
2/11/2005
Date of Document
Signer(s) Other Than Name(s) Above
END OF DOCUMENT