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Home My WebLink AboutD-1714 1314 Palm Street - APN 001-223-008 Recorded 02/27/20074 � Recording Requested by: Vince Fonte When recorded mail to: San Luis Obispo Public Works Department Development Review Division 919 Palm Street' San Luis Obispo, CA 93401 - JUL1FRODEWALD= ___ _ San Luis Obispo county— Recorder Recorded at the request of Public p 1200I0q12952 ^III ^Itlill�lll^IIIYII'll AR 2/27/2007 10:31 AM Titles: 1 Pages: 4 Fees 16.00 Taxes 0.00 Others 0.00 PAID 516.00 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR 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: A granite retaining wall constructed in conjunction with the historic Righetti house. The wall encroaches into the public right -of -way along the Palm Street and Johnson Ave. frontages as shown on the approved building plans. 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 (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 4 in Block 42 of the City of San Luis Obispo as described in the Grant Deed recorded as Document No. 2004001482 on file in the Office of the County Recorder of said county. . 2. Assessors Parcel Number: 001 =223 -008 3. Commonly known as 1314 Palm Street in the City of San Luis Obispo 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 '2007. , Owner(s): Robin L. Rossi, T tee of the Robin L. Rossi. Living Trust State of California County of San Luis Obispo On ,2007 before me, 11 — ��•�- , Notary Public, personally appeared Robin L. Rossi personally known to me (or proved to me on the basis of. satisfactory evidence) to be the persons whose name is /arif subscribed to the within instrument and acknowledged to me that he /stV /thV executed the same in his/l/r /thdir authorized capacity(iV), and that by his/hyk/tVir signature( on the instrument the persopes), or the entity upon behalf of which the person acted, execut the instrument. y hand and officialal. ! c°"un�°" ter 64Mst ►► pt+duc . �►«roa ,Notary Public Mpi ON ri — 's'�Z4.2ot (x) individual(s) ( ) corporation- ( ) partnership ( ) attorney -in -fact ( ) political agency Xrendan V. McAdams Jr., Trustee of the McAdams' Family Trust State of California } County of San Luis Obispo } On / brvQ,i -yZ{ . ,2007 before me, )t/ZZX IC—ktCiA,, Notary Public, personally appeardd Brendan V. McAdams Jr. nersgnally known to me (or proved to me on the basis of satisfactory evidence) to be the personsfj'jwhose name(§4is /V-e subscribed to the within instrument and acknowledged to me that he /s ,*/tAy executed the same in hisyr /tlir authorized capacity(i ), and that by his/t�r /t)ir signatureV on the instrument the person, or the entity upon behaff of which the person v acted, executed the instrument. �!ITNE S y hand and official seal. Notary Public Capacity claimed by signer(s): 10att ARM COMMUM 0 164MI I1► p4bft - corw a am tui a po am* (x) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency • • I r ' WftdAllI3R2AQ Ysp �.°'°�t Ios .►sL f AK)Wa VW laomf srgudmffoo akealao • ~ rte+ Ik ,MWd3 aa* no x S 0 Owner(s): Vincent S. Fonte Marianne E. Fonte Trustees of the Fonte Family Trust State of California County of San Luis Obispo On Fe IXU AIP G ,2007 before me, n A ed � ftWS , Notary Public., personally appeared Vincent S. Fonte ersonally known to me r proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) isLaw subscribed to the within instrument and acknowledged to me that he / executed the same in hiSA3efk4@4 authorized capacity(ies), and that by hiss signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. and oial seal. , Notary Public Capacity claimed by signer(s): DONNA JEANE MYM Cammftft # 1460663 Notary Pubuc . cavanft San Lub Oblepo Coin► My Comm. Ebpirer don 6, (x) individual(s) () corporation () partnership () attorney -in -fact () political agency alter, Public Works Director San Luis Obispo ization — Resolution No. 3897, 1979 Series) State of California } County of San Liiis Obispo } On , 2007, before me, Pamela K. King, Notary Public, personally appeared, Jay D. AUter 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. ess my hand and cial se Pamela K. King, Notary Public . �mmmo®■ eaam��mmmmtousooearrmmAm��emr 01MBA K KM Conn*" 014UI30 110taY PUW0 - CQMbff O NAYCantu.8V[M pd2 C 7f amaa as as Noma Ong a a a as am B r in a 132 sea us 89 Capacity claimed by signer:. ( X ) political agency State of California } I e 0 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of V �• ` �(1 !J ohs a,�p ss. w. On tw q ?& before me, Date me and I LOfficer (e. Jane Doe, Notary Public ") personally appeared t—tfn Name(s) of Signer(s) ❑ personally known to me 'SAroved to me on the basis of satisfactory vi ence to be the person( whose name is /a)6 subscribed to the within instrument and acknowledged to me that /she /thley executed MY GrARMA the same in hij/her /tVir authorize � # 1640951 capacity(ie,�, and that by hj( /her /the,(r BonA�6c - _ signature on the instrument the person(2+f, or 40, ��1 the entity upon behalf of which the person( acted, executed the instrument. / hand and off* 'al seal. 1w" Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document %�% Titl or Tye of Document. % 4ai2e Docu te: �en-e4kgr Pa e if Signer(s) Other Than Named Above:`! Capacity(ies) Claimed by Signer U Ax-V Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s):. ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee Ll Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave.,'P.O. Box 2402 •Chatsworth, CA 91313 -2402 • www.nationainotary.org Prod. No. 5907 Reorder: Cell Toll -Free 1. 800. 876 -6827 MD OFDOCuMENT