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HomeMy WebLinkAboutD-1830 742 Center - APN 001-102-011 Recorded 06/26/2009AGREEMENT 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- Garden wall with cap not to exceed 42" in height Wall will be constructed of concrete blocks with a colored stucco finish to match home. The wall location is 36" back from the face of curb. 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: Legal: Lot 2, Block 11 of the Anhohn Addition to the City of San Luis Obispo, as recorded in Book 3 of Maps, at Page 91, in the office of the San Luis Obispo County Recorder, State of California. 2. Assessors Parcel Number: 001 - 102 -011 3. Commonly known as 742 Center St 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 �'V' day of (3V-YIrL -- , 2009. (00 JULIE RODEWAs - San Luis Obispo C —Cl CI \ Recorder /26/2009 Recording Requested by: Recorded at the request of 12.41 PM i Karen Wren Mead Public 8. D o C #.:.. 2009034706 Titles: i Pages: 2 When recorded mail to: Fees 11 00 i City of San Luis Obispo Public Works Department Taxes 0.00 Development Review Division Others 0.00 919 Palm Street PAID x$11:00 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- Garden wall with cap not to exceed 42" in height Wall will be constructed of concrete blocks with a colored stucco finish to match home. The wall location is 36" back from the face of curb. 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: Legal: Lot 2, Block 11 of the Anhohn Addition to the City of San Luis Obispo, as recorded in Book 3 of Maps, at Page 91, in the office of the San Luis Obispo County Recorder, State of California. 2. Assessors Parcel Number: 001 - 102 -011 3. Commonly known as 742 Center St 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 �'V' day of (3V-YIrL -- , 2009. (00 4WAV OOwner(s): W NAN, . Karen Wren Mead State of California } County of San Luis Obispo } On V•X12, �.� , 2009, before me, 0-\ -2. %QCk LP—A4) <. X15byl , Notary Public, personally appeared Karen Wren Mead who proved to me on the basislofsatisfactory evidence to be the persons* whose name(s) is /are subscribed to the within instrument and acknowledged to me that 4te/she/dtey- executed the same in hisAer/wir authorized capacity(-ies), and that by4hts/her /tom signature* on the instrument the person('s); or the entity upon behalf of which the person(sracted, 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. Notary Public �• Chelsea Leigh Hanson Commission X 1821488 c Notary Public - California San. Luis Obispo County t/ My Comm. Expires Nov 2, 2012 Capacity claimed by signer(s): () individual(s) () corporation () partnership . ( )attorney -in -fact () political agency .4 �-- ter, Public Works Director Luis Obispo ion — Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } On 2009, before me, Jdzo—wotary Public, persona y appeared, Jay 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. ,,'�Wlitn9m my hand and official sea. Notary Public Capacity claimed by signer: ( X ) political agency GAAdd path\.......... TANIIU.A J. HANSON Commlalon • 1791178 NOu" KOM - cownlo Scm tub ObWP0 CoJMV Camr► ill State of California } END OF DOCUMENT