HomeMy WebLinkAboutD-1716 2045 Swazey Street - APN 003-652-030 Recorded 03/06/2007•
Recording Requested by:
Peter and Carole Mabery
JULIE RODEWALD
San Luis Obispo County- CleridRecorder
Recorded at the request oT '
Public
DOC #: 2007015036
When recorded mail to:
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401 - -- -- — —
AB
3106007
11:36 AM
Titles: 1 Pages: 3
Fees
13.00
Taxes
0.00
Others
0.00
PAID
$13.00
AGREEMENT AFFECTING REAL PROPERTY AND PERMIT FOR
TEMPORARY ENCROACHMENT ONTO A CITY OWNED PARCEL
FOR AND IN CONSIDERATION of the issuance of revocable approval to allow an
encroachment temporarily onto a city owned parcel of land, said encroachment consisting of:
A retaining wall and fence along with a drain pipe leading from the upslope property down
the adjoining slope bank located on property owned by the City of San Luis Obispo. The
pipe shall terminate to an approved outlet near the city owned Railroad Bike Path.
Maintenance of the pipe and outlet is the responsibility of the beneficiary .property. Any
erosion caused by this installation shall be corrected by the beneficiary. Future access for
maintenance purposes shall'be approved'by-tM'city prior to commencing with
construction, maintenance.or construction "staging on the city parcel..-See the attached
plan labeled as 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.
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.
The beneficiary property is located in the City of San Luis Obispo, County of San Luis Obispo,
State of California,'and is described follows:
`l. The parcel of land described in the Grant Deed recorded on 7 -15 -04 as Document
No. 2004061907 on'file in the Office of the County; Recorder of said county.
2: Assessors, Parcel Nurimber: 003- 652 -030
3. Commonly known as 2045 Swazey Street
This covenant shall run with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
Dated thia�L day of '2007.
Owner(s):
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Peter Mabery
State of California }
County of San Luis Obispo }
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On , 2007, before me, Notary Public,
personally appeared Peter Mabery and Carole Mabery;.)
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.
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tness my hand and o ficial s al. E
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, otary Public
Capacity claimed by signer(s):
( ) individual(s) O corporation O partnership
Director
Ci S Luis Obispo
(A ation — Resolution No. 3897, 19.79 Series)
State of California
County of San Luis Obispo
On , 2007, 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.
ness my d o fi ' seal.
Pamela K. King, Notary Public
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Capacity claimed by signer: ( X ) political agency State of California
iAdoc management \streets \ ...... \temporary encroachment agreement
Xl lg�r
RAILROAD
RIGHT OF YV,4Y
19 GALLON CALIFORNIA
SYCAMORE (PLATANUS
KAGEMOSA)- TREES A
1 GALLON PRIDE OF
5TREET PER ORDINANG D
MADERA (EGHIUM
GANDIGANS)
SHALL CONFORM WITH CITY
ENG. STDS. 0801 O d "8280
B GALLON NEW ZEALAND
1 GALLON DAY LILLY
CHRISTMAS TREE
(HEMEROCALLIS 5PP.)
(METROSIDER05 TOMENTOSUS)
h � �
n P.L. PRIOR TO I
EMILY STREET I
1 ` ABANDONMENT
I \
1 \ I \
1 I
P b'H WOOD FENCE (EX. TO REM.)
\ 1 1
EXIST. 24" H GMIJ RET. WALL w/ b'H \
° \ 111
YVOOD FENCE ABOVE TO REMAIN '
NOTE: LOCATION SHOWN PER CITY
AERIAL, TO BE INCLUDED IN
ENCROACHMENT A&REEM @NT\ \ CITY. \ \ \ \ \
PROPOSED NEW
DUPLEX
�,� \ �` �� • �w \ I I I \ FOOTPRINT \
204 1
7
b'H WOOD PENCE (EX. TO RE
NOTE: CITY OWNED PROPERTY- COLLECTION SWALE AND 1
CONTACT THE PARKS MAINTENANCE
\ \ \ A E
SUPERVISOR AT (80 5) -18 10z i &RADIN& PLANSHEE T A-
TWO \ \
WORKING DAYS PRIOR TO 1 .Z FOR SPECS. 8 DETAILS
START OP WORK WITHIN THE CITY \ \ \ \ \
OWNED PROPERTY �
END OF DOCU14ENT