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HomeMy WebLinkAboutD-1769 APN 004-782-082 Tract 2882 2730 Augusta Street Recorded 06/03/2008Recording Requested by: John Ferguson When recorded mail to: 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 APPROVAL 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 short retaining wall, drainage improvements, and appurtenant landscape improvements as shown on the approved building plans as revised. 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 maybe 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: Lot 1 of Tract 2882 as recorded in Book 30 of Maps at Pages 84 — 86 on file in the Office of the County Recorder of said county. 2. Assessors Parcel Number- 004- 782 -082 3. Commonly known as 2730 Augusta 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 G day of J ✓ £, 2008. r ULIE RODEWA )U LIE J I. San Luis Obispo Cou Clerk/Recorder 6/03/2008 Recorded at the request of 2:26 P1V1 t I Public i D 0 C #: 2008028995 rues: 1 Pages: 2 Fees 10.00 Taxes 0.00 I Others 0.00 PAID $10.00 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL 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 short retaining wall, drainage improvements, and appurtenant landscape improvements as shown on the approved building plans as revised. 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 maybe 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: Lot 1 of Tract 2882 as recorded in Book 30 of Maps at Pages 84 — 86 on file in the Office of the County Recorder of said county. 2. Assessors Parcel Number- 004- 782 -082 3. Commonly known as 2730 Augusta 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 G day of J ✓ £, 2008. A�~r; � '- ' « :,� � ; E ^_,.�4:` ��1 ` ��� fig': �,'� • Owner: o Ferguson State of Califomia County of San Luis Obispo e� Z 2008, before me, �Ja+�e L'• �/� -a ,Notary Public, p orally appeared John Ferguson who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SS my hand and official seal. ,Notary Public Capacity claimed by signer(s): ( ) QMy JOYCE L. SEAT p COMM. #1627617 NOTARY PUBLIC - CALIFORNIA SAN LUIS OBISPOZOUNTY o Comm. Expires December 6, 2009 b individual(s) () corporation () partnership () attorney-in-fact () political agency O Walter, Public Works hector San Luis Obispo ization —Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } On 2008, before Public, persona Ay appeared, Jayj D. Walter who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Wi ss my hand and o cial se . t ovy, Notary Public Capacity claimed by signer: ( X ) political agency State of California G:\ permits\ streetaddresses \augiista\2730 \dev rev TAMIUA J. HANSON CommNOw • 179117$ Not" Pule - ea{ftedo Son nub oaspo County oonm I� 1 s lZ END OF DOCUMENT ' RECEIVE6 JUN 2 3 2008 CITY OF SAN LUIS OBISPO PUBLIC WORKS DEPARTMENT RECEIVED JUN 2 1008 SLO CITY CLERK �atotwa►� .�. �t�:R �Mt81ilD� aiid►t4 1Pes�tto�S rtnuo7 ogs4a0 r:ut we