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HomeMy WebLinkAboutD-1717 APN 003-722-030 - 229 High Street Recorded 03/15/2007Recording Requested by: Regina E. Kirk When recorded mail to: JULIE RODEWALD San Luis Obispo County4*rklRecorder Recorded at. the request of Public Doc #:1 2007017489 San Luis Obispo Public Works Department Transportation and Development Review Division 919 Palm Street San Luis Obispo, CA 93401 NB 3/15/2007 1:17 PM Titles: 1 Pages: 2 Fees 10.00 Taxes 0.00 Others 0.00 PAID $10.00 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 of High Street, said encroachment consisting of: Existing fencing, trellis or other "built" site improvements. 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 placeinent 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 Block 151 of J. Harford's Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map filed for record May 8; 1876 in Book A, Page 123 of Maps, in the office of the San Luis Obispo County Recorder, more particularly described in a Quit, Claim deed recorded on October 24, 2003 as document number 2003124426 in the office of the County Recorder of said County 2. Assessors Parcel Number: 003 - 722 -030 3. Commonly known as 229 High 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. ",— D1 I q-1, 9 Owner(s): °d Regin . Kirk, Trustee of the Regina E. Kirk hiving Trust State of California County of San Luis Obispo 0 On S 2007 before me Q " Q "'�' ,Notary Public, personally appeared Regina E. Kirk, Trustee personally known to me proved to me on the basis of satisfactory evidence) to be the persons(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand d official seal. SUMV.00 . _ CWnffaWw#I4nI3I . tary Public dhr 2,WW E Capacity claimed b�signer(s): (x) individual(s) () corporation () partnership () attorney -in -fact. () political agency alter, Public Works Director n Luis Obispo ation — Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } On l3 , 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. Wit ess m and an official seal. ee•■■■ e■e■■re■■e■■a■e■■■■■■■e■eeae■e� tav�►1c � Caee&" f 14MU Pamela K. King, Notary Public ••• ■ ■••••• ■ ■ ■ ■ ■■ ■■ ■eunn■en mongrel �• Capacity claimed by signer: ( X) political agency State of California } END OF DOCUMENT