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Home My WebLink AboutD-1860 390 Lawrence APN 004-931-053 Recorded 03/18/2010AGREEMENT 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: Surface drainage swale with rock rip -rap and storm drain pipes, paving /pavers at driveway to guest house. 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: Parcel 1 of Parcel Map SLO 94 -119 as recorded in Book 54, Page 22 of County recorders office in the County of San Luis Obispo, State of California 2. Assessors Parcel Number: 004 - 931 -053 Commonly known as 390 Lawrence 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 J day of �/ , 2009. DECEIVED APR 151p10 SLO CITY CL f ��o JULIE RODE _ D San Luis IN Recording Requested by: Obi spo�tV— clerk/Recorder Recorded at the request of 3118/2010 Carl Meissner PubIIC 12 :20 PM PO Box 15732 San Luis Obispo, CA 93406 D 0 C # : 2010012618 Titles: 1 Pages: 2 When recorded mail to: Fees 0.00 City of San Luis Obispo Public Works Department Taxes 0.00 Development Review Division Others 0.00 919 Palm Street PAID $0.00 San Luis Obispo, CA 93401 _— 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: Surface drainage swale with rock rip -rap and storm drain pipes, paving /pavers at driveway to guest house. 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: Parcel 1 of Parcel Map SLO 94 -119 as recorded in Book 54, Page 22 of County recorders office in the County of San Luis Obispo, State of California 2. Assessors Parcel Number: 004 - 931 -053 Commonly known as 390 Lawrence 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 J day of �/ , 2009. DECEIVED APR 151p10 SLO CITY CL f ��o Owner(s): C� Carl Meissner State of California } County of San Luis Obispo } Ond VW-S-1 2009, before me, , Notary Public, personally appe ed Carl Meissner, who proved to me on the basis of satisfactory IvideAce to be the persons(s) whose na qskre subscribed to the within instrument and acknowledged to me tha/she /they executed the same in is er /their authorized capacityttesj,, and that by his/her /their signatur?Kon the instrument the person(s), 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 rpy hand and offs ial seal. I'd K GMKiLIA = COMM. #1703844 Notary Public fumoemcotnm Dee 72010 Capacity claimed by signer(s):. individual(s) () corpo I ation () partnership () attorney -in -fact () political agency ter, Public Works Director Luis Obispo ion -Resolution No. 3897, 1979 Series) State of California } County of San Luis Obispo } �— On 2049, before me, Notary Public, perso Ily appeared, Ay 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. Witnes my hand and official se 9f. GomnMon 1 1'01170 ,Notary Public i C� f Capacity claimed by signer: ( X ) political agency State of California \ \chstore2 \groups \publicworks\ Permits \StreetAddresses \LAWRENCE \390 \Covenent Agreement \Temporary Encroachment Agreement.doc END OF DOCUMENT