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HomeMy WebLinkAboutD-1817 APN 001-064-001 - 1607 Phillips Lane Recorded 02/20/2009Recording Requested by: Charlie C. Cheatham, III JULIE R00'EWA San Luis Obispo CounWClerk/Recorder Recorded at the request of j Public Doc #: 2009008415 When recorded mail to: I City of San Luis Obispo Public Works Department Development Review Division Street San Luis7Obispo, CA 93401 sc `. 2/20/2009 4:49 PM Titles: 1 Pages: 2 Fees 11.00 Taxes 0.00 Others 0.00 PAID $11.00 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 free standing trellis structure as shown in the approved Use Permit and Building Permit plans. Said trellis and related plantings shall be maintained in a safe condition as they relate to the recognized encroachment into the public right -of -way. 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. Legal: The parcel of land described in the Grant Deed recorded as Doc. #: 2005051497 on June 24, 2005 and on file in the Office of the County Recorder of said county. 2. Assessors Parcel Number: 001 - 064 -001 3. Commonly known as 1607 Phillips Lane 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 F`�'3 fZ ✓4,1 2009. RECENED MAR 3 0 2009 ....SILO CITY CLERK / F/ 7 Owner(s): Chart State of GaW"rara County of �bispo } On � — � � ?()09_ hPfnre. me _ �—r � �' � � (�l2llllllyl �/ntnry Rnhlir personally appeared Charlie C. Cheatham, III 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 tome 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-C to that the foregoing paragraph is true and correct. SS my hand and official seal. Notary Public Capacity claimed by signer(s): 4>9 individual (s) ( ) corporation O partnership ( ) attorney -in -fact O political agency i PR Jay alter, Public Works Director _ Cit f S Luis Obispo u ' ation — Resolution No. 3897, 1979 Series) State of California County f San Luis Obispo } '114 A10 2009, before me, Notary Public, personally appeared, Jay . 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. Witness my hand and official se . 1AM1LLA J. HANSON j Commission # 1791170 Notary Public - CC"Ifaj a Son Luis Obl*o County Notary Public Comm FWl X14 Capacity claimed by signer: ( X ) political agency State of California } G:\ permits \streetaddresses \phillips \1607 \devrev \.....Temporary Encroachment Agreement ENDOFDOCUMENT