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HomeMy WebLinkAboutD-1844 427 Mitchell Recorded 09/30/2009Recording Requested by: Mark D. Cameron 427 Mitchell San Luis Obispo, CA 93401 When recorded mail to: City of San Luis Obispo Public Works Department Development Review Division' 919 Palm Street San.Luis Obispo, CA 93401 j JULIE RODEW an S Luis Obispo C Clerk/Recorder Recorded at the request of j Public _ >u: i2009O54 2 61 IF 9/30/2009 1 :16 PM Titles: 1 Pages: 2 Fees 11.00 Taxes 0.00 Others 0.00 PAID S11.00 AGREEMENT AFFECTING REAL PROPERTY AND PERMIT APPROVAL FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY- AND /OR WITHIN A CITY­: - OWNED PARCEL 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 concrete block wall and stairs at the back of sidewalk for approximately 40 feet of the frontage. The wall encroaches into the public right -of -way approximately 3 feet. 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 onto 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: Lot 17 in Block 4 of the Caudill Tract, in the City of San Luis Obispo, County of San Luis Obispo, State. of California, according to the map thereof filed August 17, 1923 in Book 3, Page 32 of maps in the oftce of the County recorder of Said County. 2. Assessors Parcel Number: 004 - 932 -004 3. Commonly known as 427 Mitchell 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 �a , 2009. fqq Ow er(s)• Mark D. Cameron State of California } County of San Luis Obispo } On , 2009, before me, Notary Public, person Ally appeared Mark D. Cameron who ved to me on the basis of satisfactory evidence to be the persons( whose name() is/aFe subscribed to the within instrument and acknowledged to me that he /sl;e*tey executed the samein his/hcxAheir authorized capacity(ias , and that by his /heggw'wip4gaature(s) on the instrument the persono, 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. SS my hand and official seal. JOYCE L. SEAT o COMM. 91627617 V; - NOTARY PUBLIC-CAL IFORNIA Notary Public < SAN LUIS OBISPO COUNTY o My Comm. Expires December 6, 2009 b Capacity claimed by signer(s): Xndividual(s) () corporation () partnership () attorney -in -fact () political agency D. lValter, Public Works Director of an.Luis Obispo rization — Resolution No. 3897, 1979 Series) State of California } County ol San Luis Obispo } O 2009, before me, , Notary Public, pe n ly 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 o li o n'a graph is true and correct. tAUILM J. HAMM Conan • 1701174 itne my hand and official s al. Dory P ' Cdlfa»b IM Lub Gbl8PD COY* NNW Notary Public ,.:. Capacity claimed by signer: ( X ) political agency State of California G: \\Permits\Street Addresses\ MITCHELL \427\Covenant\Agreement for Temporary Encroachment 2009.doc END OF DOCUMENT