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
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