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HomeMy WebLinkAboutD-1826 APN 052-082-008 - 1327 Foothill Blvd. and 35 Hathway Ave. Recorded 06/08/2009.Recording Requested by: Daryl and Joan Hill • JULIE RODEW SK San Luis Obispo Cou Clerk/Recorder 6/08/2009 Recorded at the request of 12:40 PM Public When recorded mail to: City of San Luis Obispo Public Works Department Development Review Division 919 Palm Street San Luis Obispo, CA 93401 D o C# 2009030310 Titles: 1 Pages: Z 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 -0F -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 fence located along the Hathway Ave. frontage as shown on the approved plans and as conditioned through the fence height exception approval process per the Planning Division application FE 22-09. A separate encroachment permit is required from the Public Works Department and shall reflect the final approvals including all pertinent conditions and code requirements. The fence and planting materials shall be maintained free from any hazard and shall not encroach into the public sidewalk area. 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. The parcel of land generally described by the Record of Survey recorded in Book 86 of Surveys at Page 43 on file in the Office of the County Recorder of said county. 2. Assessors Parcel Number: 052 -082 -008 3. Commonly known as 1327 Foothill Blvd. and 35 Hathway Ave. in the City of San Luis Obispo This covenant shall tun with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this day of u I e— 2009. I State of California } County of San Luis Obispo } Daryl D. Z s / % f� `° lit, On 2009, before me, Notary Public, PersOmHY wed Joan D. HM and Ia- :z4Ty' - �t n- -- the Daryl D. HM who pro ed to me on the= basis of satisfactoryiee, Qhce to be Persons(s) whose name(s) is/are subscribed to the within instrn'nient and"Muiowledged to, me tha*.h�J lthey executed the same injggb®dtheir authorized ` ' % ' �� - -; capxity(ies), and that bythetr'fsignature(S) on ;thi; instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumenL I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct y K cial seal. Notary ,- lowbeTAMILLA J. "ARSON mm 14L comn,wlon 1 1791178 "Clam Public - cameo t Son Lub Olkpo covnM Boom Capacity claimed by signer(s): ( ) individualI(s) ( ) corpor `on ( ) partnership () attorney -in -fact () political agency O ter, Public Works Director Luis Obispo on — Resolution No. 3897,'1979 Series) State of California } County of San Luis Obispo } On C 4IM ©S ,2009, before me, � 11� (Y�e \C7� � . � � Notary Public, perso y appeared, Jay D. Walter who proved to me on the basis of satisfactory evidence 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. 'tness my hand and official seal Notary lic Capacity claimed by signer: ( X ) political agency State of California PAMELA K. KING Commission 0 17495 8 Notary Public - California San Luis Obispo County Comm. JU 2, 2011 G:\permits\streets \foothill \1327\devrev\Agreement for Temporary Encroachment......... (Copied to 35 Hathway) END OFDOCUMC.4T RECEIVED 0 'm JUL - 9 2009 CITY Of SAN LUIS OBISPO PUBLIC WORKS DEPARTMENT NO�HAS .L CAMAT Qv I % noilwmmoz) I WnTWft* � *#CkA V=u0cM VW'V*3 oqtw asui not M11-4 X AANIA'l r7N, 44-1 1,