HomeMy WebLinkAboutD-1663 879 Higuera - APN 002-427-014 - Encroachment consists of: planter pots located on the public sidewalk along the Higuera Street and Marsh Street frontage Recorded 09/07/2005i.
Recording Requested by:
San Luis Obispo Downtown Centre, LLC
When recorded mail to:
JULIE ROD LD
San Luis Obispo 0onty- clerk/Recorder
Recorded at the request of
Public
o c : 'i 2005075090
City of San Luis Obispo Public Works Departmer,
Transportation and Development Review Division-1- - - — - -- - - - —
955 Morro Street
San Luis Obispo, CA 93401
TB
9/07/2005
2:45 PM
Titles: 1 Pages: 3
Fees
Taxes
Others
PAID
AGREEMENT AFFECTING REAL PROPERTY AND
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
Planter pots located on the public sidewalk along the Higuera Street and Marsh Street frontages
per the approved plan and encroachment permit.
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.
The owner agrees to maintain the pots, planted materials, and adjoining sidewalk in a safe and
aesthetically pleasing condition. Owner further agrees to defend, indemnify, protect and hold the City
and its agents, officers and employees harmless from and against any and all claims asserted or liability
established for damages or injuries to any person or property, including injury to owner's employees,
agents or officers which arise from or are connected with or are caused or claimed to be caused by the
acts or omissions of owner and its agents, officers or employees, in connection with the maintenance or
placement of said encroachment and in performing the work or services contemplated herein, and all
expenses of investigating and defending against same; provided, however, that owner's duty to indemnify
and hold harmless shall not include any claims or liability arising from the established sole negligence or
willful misconduct of the City, its agents, officers or employees.
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 SLOAL 93 -009 as recorded in Book 51 of Parcel Maps at Page 13 in the
Office of the County Recorder of said county
2. Assessors Parcel Number: 002 -427 -014
3. Commonly known as 879 Higuera
This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs,
executors, administrators, and assigns.
13.00
0.00
0.00
$13.00
Dated this 2nd day of .teen be. ✓ , 2005. LV L03
•
Owner:
ames C. Copeland, Managing Member — San Luis Obispo Downtown Centre LLC
State of California }
County of San Luis Obispo }
On Sp ero b,. 2 , 2005, before me, S o zmn n e . 4� y e,✓ , Notary Public,
personally appeared James C. Copeland, personally known to me or ( ) 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.
No
q ic
Capacity claimed by siggeds):
( ) individual(s) ( ) corporation
Public Worms Director
SUZANNE FRYER
Comm. # 1481279. j►�n
V! NOTARY PUBLIC - CALIFORNIA V!
San Luis Obispo County °
My Comm. Expires APR. 8, 3008
() partnership (X) i n,u W I� (J h C &&Px�y
Luis Obispo
ion — Resolution No. 3897, 1979 Series)
State of California }
County of San Luis Obispo }
On 2005, before me, Pamela K. King, Notary Public, personally appeared, Jay D.
Walter roved 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. RVAA L 1
hem
Ooii Ibtloil a 1�1�
tness mhd.d officiana y
Of CWBL son
slain 41st CEI�s �4t
Pamela K. King, Notary Public
Capacity claimed by signer: ( X) political agency State of California }
iAdoc management \streets \ ...... \temporary encroachment agreement
GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the
document to which this statement is attached reads- as follows:
Name of Notary VhM(,,-
Name of County
Date Commission Expires
Commission# f Y Z 7-13
ignature of person (firm name if
any) .making verification
Date 9 e
Locations
(City)
State of California
END OF DOCUMENT