HomeMy WebLinkAboutD-1678 Creekside Mobile Home Park Community - 3960 S. Higuera - 053-131-011 Recorded 01/31/2006MAINTENANCE 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-
Roman II Pavers as approved per City Miscellaneous Improvement Plan M05 -004. The
undersigned owners of the real property hereinafter described, hereby covenant with the City of
San Luis Obispo to be fully responsible for the maintenance and repair of said pavers in the
public right -of -way, repair said pavers immediately upon the occurrence of any event requiring
repairs and to remove said improvements without cost to said City upon ninety (90) 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:
1. That portion of Lot 8 of Harford and Chapman's Subdivision in the City of San
Luis Obispo, County of San Luis Obispo, State of California, according to map file
for record September 28, 1876 in Book B at page 30 of Maps, in the Office of the
County Recorder of said County.
2. Assessors Parcel Number: 053 -131 -011
3. Commonly known as 3960 S Higuera, Creekside Mobile Home Park Community
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• -
JULIE RODEWAD
Ts
San Luis Obispo C clerk/Recorder
1/31/2006
Recorded at the request of
11 :29 AM
Public
D O C #: 2006007107 Titles: 1
Pages: 3
Recording Requested by:
Fees
13.00
Taxes
0.00
Paul Dylewski
others
0.00
PAID
$13.00
When recorded mail to:
-- - -- - -- — - - - - -
— - - - -_ --
City Engineer
955 Morro Street
San Luis Obispo, CA 93401
MAINTENANCE 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-
Roman II Pavers as approved per City Miscellaneous Improvement Plan M05 -004. The
undersigned owners of the real property hereinafter described, hereby covenant with the City of
San Luis Obispo to be fully responsible for the maintenance and repair of said pavers in the
public right -of -way, repair said pavers immediately upon the occurrence of any event requiring
repairs and to remove said improvements without cost to said City upon ninety (90) 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:
1. That portion of Lot 8 of Harford and Chapman's Subdivision in the City of San
Luis Obispo, County of San Luis Obispo, State of California, according to map file
for record September 28, 1876 in Book B at page 30 of Maps, in the Office of the
County Recorder of said County.
2. Assessors Parcel Number: 053 -131 -011
3. Commonly known as 3960 S Higuera, Creekside Mobile Home Park Community
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AGREEMENT AFFECTING REAL PROPERTY
Page 2
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 2006.
�341D-4,j�
Paul J. Dylewski, eneral Manager
EPI Limited Partnership — Creekside MHC
APPROVED:
y lter, Public Works Director
City o S Luis Obispo
(Au nation — Resolution No. 3897, 1979 Series)
State of California }
County of San Luis Obispo }
2006, 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 and o ial seal
Pamela K. King, Notary Public
Capacity claimed by signer: ( X ) political agency State of California
WASA X C ll pNG
mm M # .1422196
Notary RAft • CoBtomb _
Son Luis Obispo County
*my Comm. Expires Jul 2, 2007
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NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )
)ss.
County of ORANGE )
On this day of� /' , 2006, before me;
{day} {month} 1printNotary name}
a notary public in and for the State of California, personally appeared PAUL J. DYLEWSKI,
personally known to me, or proved to me on the basis of satisfactory evidence, to be the person
whose name is subscribed to the within and /or above instrument titled "MAINTENANCE
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR TEMPORARY ENCROACHMENT WITHIN
THE PUBLIC RIGHT -OF- WAY", and acknowledged to me that he /she executed the same in his /lam
individual capacity, and that by his /hef signature on the instrument, the person executed the
instrument.
WITNESS my hand and official seal.
SEAL:
ROBERT J. SCHOEFFLER
COMM. 0 1581260 a
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My Comm. Expires May 22.2009
Notary 1gnature
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Notary E piration Date
END OF DOCUMENT