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HomeMy WebLinkAboutD-1989-2526 1350 Marsh Street, APN 2-334-015, Lot 13 of Kniffin and Shuster's Subdivision Recorded 01/13/198911 Recording Requested by: David Y. Farmer when recorded mail to: City Engineer P.O. Box 8100 990 Palm Street San Luis Obispo, CA 93403 -8100 DOC. NO. 252'; OFFICIAL RECORDS SAN LUIS OBISPO CO., CA JAN 1 3 1989 FRANCIS M. COONEY County CIwk -. iecorder TIME ° 3 a 25 PM 7 IJfI'3 /E�23 =� 3 i. AGREEMENT AFFECTING REAL PROPERTY AND PEI:RIIT FOR TEMPORARY ENCROACHMENT WITHIN THE PUBLIC RIGHT -OF -WAY FOR AND IN CONSIDERATION of the issuance of this revocable permit to allow an encroachment temporarily within the public right -of -way, said encroachment consisting of: Concrete v- gutter, adjacent to 1250 Pepper St. (S.P.R.R. Right -of -Way), in lieu of standard curb, gutter, and sidewalk to accommodate a parking lot required as a condition of Use Permit A152 -87 at 1350 Marsh St. the undersigned owners of the real property hereinafter described, hereby covenant with the City of San Luis Obispo to remove said improvements and replace with City Standard curb, gutter, and sidewalk, 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 descibed 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 or 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. Lot 13 of Kniffin and Shuster's Subdivision as recorded in the San Luis Obispo County Recorder's Office on April 30, 1907, on page 10 in Book 1 of Maps, being a resubdivision of Block 9 of the Central Addition to the City of San Luis Obispo, County of San Luis Obispo, State of California. 2. APN 2- 334 -015 3. 1350 Marsh St. VOL 3256 PAGM . j P W rc W I W J IL m i • This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. lay of .0 C:",.�,..,..� APPROVED: Owner: Mari tin Farmer Community Development Director City of Saa .Was tDllispo (Authorization - Resolution No. 3897, 1979 Series) ---- ---- - - - - -- - -- STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO. ss. On this 13th day of January , in the year 1989, before me it Diane R. S �a Notary Public----- - - - - -- personally appeared Michael Multari , known to me to be Community Development Director of the City of San.Luis Obispo , and known to me to be the person who .executed the within instr ent on beh if of said ub pcl�cwlccci +o me tarn �� I corporation, agency or political subdivision, ani I San Luis Obispo - - - - -- executed the same. kn I I I I I n �- (SEAL) I. Diane R. Stuart; Notary Public `•Agreement affecting real_�roperty_and Permit for t r_____ _ ____� - - CAT. NO. NNO0627 TO 1944 CA (9 -84) (Individual) STATE OF CALIFORNIA the City of I OFf164 SEAL IOTA" PUN90 �llA PRINCOAL OFFICE IN I SAN LUIS OBISPO COUNV ° - My Cammu m Um May L 1989 I I 1 1 I (APN 02- 334 -015) TICOR TITLE INSURANCE COUNTY OF �� �lLLS �8(j"�Ij SS. On ZA- U I.L.A e� 13 + �9 before me, the undersigned, a Notary said State, personally appeared I) AV l D y. A YLf �(E� A �p LtA Y2A 1 personally known to me or proved to me on the basis of satisfactory evidence to be the person —S whose name S subscribed to the within instrument and acknowledged that_13. U exe- cuted the same. WITNESS my hand and official seal. Signature END OF DOCUMENT in and for l� BiQ� SM Ups 0818P0 COUNTY CAUFORM Ah B�b99 Gh Dec. 1Q 1981 (This area for official notarial seal) I VOL 3256PAGE 214