HomeMy WebLinkAboutD-1789 1386 Pismo Recorded 07/16/2008RECORDL\G REQUESTED BY:
F1WANF#W&&J14E COMPANY
Howard Nicholson
"23 2 _-7- -3 -(-T--
`AULIE R00E=LD IF
San Luis Obispo nty— Clerk/Recorder 7/16/2008
Recorded at ifie request of 8 :12 AM
First American Title Company
D o C;# : 2008036196 Titles: 1 Pages: 5
When recorded mail to:
City of San Luis Obispo Public Works Department
Development Review Division
919 Palm Street
San Luis Obispo, CA 93401
Fees
20.00
Taxes
0.00
Others
0.00
PAID
$20.00
LANDSCAPE MAINTENANCE AGREEMENT 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:
Landscape improvements, landscape irrigation, site and driveway improvements, grading,
and drainage improvements per the approved building plans and public improvement
plans for Parcel Map SLO 06 -0190. The current and future property owner(s) for Parcel 1
of Parcel Map SLO 06 -0190 shall be responsible for the on -going maintenance of the
landscape as conditioned with the project approvals. This maintenance shall include but is
not limited to maintaining the approved plantings, replacement plantings, pruning of
plants, shrubs, and trees, landscape irrigation maintenance, regular watering, plant
nutrition, and soil amendments as necessary. The adjoining public streets, sidewalks, and
pedestrian/bike path connections shall be maintained and shall generally be free from
landscape debris, silt, excess drainage or landscape watering, and any overhanging or
creeping plant materials to the satisfaction of the Public Works Director.
The undersigned owners of the real property hereinafter described, hereby covenant with the City
of San Luis Obispo to remove all or part of said improvements or to complete required
maintenance in this area 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 or fails to provide reasonable maintenance when requested by the City, City may proceed
to require removal and/or maintenance under the Municipal Code nuisance provisions and to
assess the cost of said removal /maintenance against the real property described herein. Owners
further acknowledge that, in the event of such removal /maintenance 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.
V1
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. Parcel 1 of Parcel Map SLO 06 -0190 as shown on map filed in Book -71 of
Parcel Maps at Page 15-V, in the office of the County Recorder of San Luis
Obispo County, State of California.
2. Commonly known as 1386 Pismo 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 _ off,. 4 day of J/V�g , 2008.
Owner(s):
I go SM. To I M 0 �. / •
State of California }
County of San Luis Obispo }
•. cholson
On (1 2008, before me, Notary Public,
personally appeared + i rn6o proved to me on the
basis of satisfactory evidence to�y the person whose name 'is uescribed to the within instrument .
and acknowledged to me that t executed the. same in M capacity, and that by-hi&44@P-&0r
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.
WITNESS my hand and official seal.
Niry Public
imm D. Nam
evil magm 01734M!
ion LUM Cou*
1
Capacity claimed by signer(s):
Xindividual(s) ( ) corporation () partnership () attorney -in -fact () political agency
i
GOVERNMENT CODE 27361.7
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 Notary I P
Name of County �� i 1 S
Date Commission Expires -,LUvs 2- —
ir 11
Commission#
Signature of person (firm name if
any) ' making verification
p-
Date,
r r
Location
(City)
State of California
C�
1(
J y ter, Public Works Director
-ty o n Luis Obispo
(At orization — Resolution No. 3897, 1979 Series)
State of California } -
County of San Luis Obispo }
0
On ZZI 2008, before me, - V Notary Public,
personally appeared 1 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 (s)he executed the same in his/her capacity, and that by his/her
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.
WITNESS my hand and official seal.
tary Public
TMAIIV► mi. MANSON
Conurjulon I i 791111
Nofory Ado - COMM" � �-
� Loft ObbpO CoY1w
1
Capacity claimed by signer(s):
( ) individual(s) ( ) corporation () partnership () attorney -in -fact political agency
GOVERNMENT CODE 27361.7
I certify under the penalty of perjury that the notary seal on the
document to which this statement is attached reads as follows:
P
Name of Notary —Ta—
Name of, County L y b
Date Commission Expires
4i
Commission# '
Signature of . person (term .name it
any) making verification,
Date
r
LO s b s
Location b
(City)
State of California
�nm o� r�ocur�ntr