HomeMy WebLinkAboutD-1734 1063 Ella Street - APN 003-663-010 Recorded 08/16/2007r
JULIE 'RODEWD
San Luis Obispo C —Clerk/Recorder
Recorded at & request of
Chicago Title Company
MEL
8/16/2007
8:10 AM
Recording Requested by: D 0 C # : 2007056068 Tines: 1 Pages: 6
Fees 22.00
CVA %U°1V0
-T 's
Taxes 0.00
Others 0.00
When recorded mail to: PAID $22.00
City of San Luis Obispo Public Works Department_
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
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:
Retaining walls and footings near the southwest corner of the subdivision, as shown on attached
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.
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. Lot 1 of Tract 2832, according to map recorded bu GuST . l �p , 2007, in
Book 3o Page,3 j . of Maps, in the office of the. County Recorder of said
County.
2. 'Assessors Parcel Number: 003 - 663 -010
3. 1063 Ella Street
-11) 1 () 34
This covenant shall run' with the land and shall be binding upon the undersigned owners, their
heirs, executors, administrators, and assigns.
This agreement supersedes the previously recorded agreement "Agreement Affecting Real
Property and Permit for Temporary Encroachment Within the Public Right -of- -Way" recorded
May 18, 1988, in Book 3145, page 254 as Document No. 26415 of Official Records.
Dated this a y day of VVIO , 2007.
OWNER(S):
Brian Rolph
State of California }
County of San Luis Obispo }
Chenda Rolph
On M A`( a ,2007 before me, ki` %sl-c ,AV, v,,u n n ,Notary Public,
personally appeared Brian Rolph and Chenda Rolph wn to me or proved to me
on the basis of satisfactory evidence) to be the persons(s) whose name(s) is /subscribed to the
within instrument and acknowledged to me that he/she/49 xecuted the same in his/her ear
authorized capacity(ies), and that by his%her heir gnature(s) on the instrument .the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
y hand and official seal.
Notary Public
Capacity claimed by signer(s):
(x) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency
Y "/ Y'V
Jay a er, Public Works Director,
City of Luis Obispo
(Au 0 a 'on — Resolution No. 3897, 1979 Series)
GOVERNMENT CODE 2736°1.7
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 Notar
Name of Count
Date Commiss
Commission #
Signature of kAon
making verification.
Date: g - IS -O --�
Location: Se
(city)
State of California
(Firm name if any)
\,S ?0
State of California }
County of San Luis Obispo }
On , 2007, before me, Pamela. K. King, Notary Public, personally appeared,
Jay Ybbed l proved to me on the basis of satisfactory evidence to be the person whose name is
subs 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. r
1 ess m and an o icial seal.
Pamela K. King, Notary Publi
i
Capacity claimed by_sigper: (X) political agency State of California }
I
PAMELA K. KNO
Commiselon • 1749339
Nolory PYDNC ' C 0kmfft
Son Lola Oblspo Coin►
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GOVERNMENT CODE 27361.7
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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: �KttO, L Z N
Name of County:
Spy- �C' (�\'O`' Q �
Date Commission Expires: J �X\"-
Commission # J g 9 3 e
0 ,Y -O `\
- v« c c`
Signature of p o (Firm name
making verification.
k
i
Date: - (,5 - U
Location:
State of C
any)
EXHIBIT "A"
SCALE: 1" =1' EXISTING WALL
i
i
i
314.00 TW
o ® 314.00 TW
1
316.50 TW i
317.00 FG 313.50 FG'
1 1
1 9.5' WALL i
1 1 �
1 � 1
' 1 30 50 FG '
' '- - - - --- -- - - - - - --
1
1
i 2.5' WALL
' 3C7.50 FG
1
� I 310.00 TW
11 �
306.10 FL
306.60 TC 1 1 1
II I
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SIDEWALK UNDER -
DRAIN PIPE. PER
SLO STD CITY 3415
�-RETAINING'WALLS &
3 FOOTINGS ENCROACHING
WITHIN PUBLIC R.O.W.
TRACT 2832
PROPOSED
TRASH
LOCATION
LINE
----- - - - - -�
ZG�
ccom4� �m
c N0. R. E. 12545 m
Exp. 3- 31-Cl� �r
ClV1L`� G - -o
OF
BEN MADDALENA RCE 12545
EXPIRES 3 -31 -09
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END OF DOCUMENT
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