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HomeMy WebLinkAboutD-1739 524 Mitchell Street - APN 004-912-027 Recorded 09/07/2007• JULIE RO* San Luis Obispo spory— ClerklRecorder IN 9/07/2007 Recorded at the request of 4:51 PM i Public Recording Requested by: D O C # : !2007060879 Titles: 1 Pages: 2 Jay and Lisa Levin Fees 10.00 Taxes 0.00 When recorded mail to: Others $10 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 TEMPORARY ENOROACHMENT 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 3' high block wall/fence located along the Mitchell Street frontage near the back of the public sidewalk as shown on the approved building plans. The encroachment may include but is not limited to landscape improvements and landscape irrigation. 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 19 in Block 1 or the Caudill Tract.in the City'of San,'Luis;Obispo, County, of San Luis Obispo; State of California, •according to,the map recorded ,August 17, ? 1923 in Book 3 at'Page 32 of Maps, in the- Office of the County Recorder of said county. ~ '2. " ` Assessors Parcel Number: 004 - 912 -027 3. Commonly known as 524 Mitchell 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. T y Owner(s): evin State of California } County of San Luis Obispo On I , 2007, before me, Pamela K King, Notary Public, personally Ippeared Jay T. Levin and Lisa Marie Levin proved to. me on the basis of satisfactory evidence) to be the persons(s) whose name(s)4s/are subscribed to the within instrument and acknowledged to me that hefs4te /they executed the same in hisf nr /their authorized capacity(ies), and that by+h -A-3er /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ITNESS my 4hnandat offic'al seal. Pamela K. Kin Public L' a Marie fevin,7 0 Capacity claimed by signer(s): PAMELA K. KING Commis :ton * 1749318 Notary Public - California San Luis Obispo County MvCcrrmFN es AA 2 2011 (x) individual(s) ( ) corporation ( ) partnership ( ) attorney -in -fact ( ) political agency J y R. Talter, Public Works Director qty o an Luis Obispo ( orization — Resolution No. 3897, 1979 Series) State of California County of San Luis Obispo } On (, 2007, before me, Pamela K. King, Notary Public, personally a peared, 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 hand offs Pamela K. King, Notary Public Capacity claimed by signer: ( X ) political agency PAMELA K. KIM Commbslw i 17493H Notary Pubpe - Caltbttdo San Luis Obispo County im� -------------- JL/ aIRI State of California } END OF DOCUMENlT