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HomeMy WebLinkAboutD-1997-020347 397 Lincoln Street, APN 001-191-017 Recorded 04/23/1997• Recording Requested by: Roy Ogden when recorded mail to: City Engineer 955 Morro Street San Luis Obispo, CA 93401 • Doc No: 1997- 020347 Official Records San Luis.Obispo Co. Julie L. Rodewald Recorder Apr 23, 1997 Time: 15:59 [ a] Rec No: 00026564 RF 16.00 i ;TOTAL 16.00 AGREEMENT AFFECTING REAL PROPERTY 'AND PERMIT 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 Avithin the public right -of -way, said encroachment consisting of A wooden fence, approximately six feet high, adjacent to the public sidewalk on Mt. View Street, angled near the driveway to provide for vehicle sight distance, to the satisfaction of the Director of Public Works. 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 owners of the property described below do not remove the encroachment authorized herein when requested by the City, City may proceed with 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. All that property described in Document No. 39501, recorded on June 1, 1992, in Volume 3903 at Page 405 of Official Records in the Office of the County Recorder. 2. Assessor Parcel Number:. 001 - .191 -017 3. Commonly known as 397 Lincoln Street. W 1997 - 020347 I ggP) ®D0 -3 tff • t ' ~ This covenant shall run with the land and shall be binding upon the undersigned owners, their heirs, executors, administrators, and assigns. Dated this 1 day of V y `mil" , 1997. o _ Owner: _oy Ogden Owner: ncy Oiden APPROVED: ,�Z'o`mmur6y Develo ment Director By: Ronald Whisenand Development Review Manager Director of Public Works City of San Luis Obispo (Authorization - Resolution No. 389.7, 1979 Series) State of California' } County of San Luis Obispo } On April 21, 1997, before me, Diane R. Stuart, Notary Public, personally appeared Ronald Whisenand, personally known to me 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. Witness my hand and official seal. F, K Alit Diane R. Stuart, Notary Public Capacity claimed by signer(s): Political. Agency 1897 Y9 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On tsko c-c Jn, l "7 , 1997, before me, L*AA -ra— ice- Q¢,¢4 , personally appeared and , personally known to me (or proved to me on the basis 6f sa ' actory evidence) to a th ersons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures `on the instrument, the persons or the entity upon behalf of which the persons acted executed the instrument. WITNESS my hand and official seal. Signs fAform- ep \ackgen2.frm \031797 TE su LAURA K. REED 3 Comm. # 1024327 NOTARY PUBLIC . CALIFOaMA d s�; was 06ispo calmly Il F a My Comm. 9P:1 Apr. 24, 1998 199 9e On) 4�3V�' �a E. 0 OU :d t E Q S 2 0 o. 0 V 0 STATE OF CALIFORNIA COUNTY OF San Luis Obispo ss. N b 30 1981 On OV2IR er r , before me, the undersigned, a Notary Public in and for said State, personally appeared Charles E. French known to me to be the President, and John French known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by -laws or a resolution of its board of directors. ir;N WITNESS my hand rr official seal. 0 0 �Cn (E f. " Signature Bever B. Jamps i A I9 EN ®� ®n® � w NT or Printed) o, .' 0 BEVERLY B. JAMES N07ARY PUSLIC SAN LUIS 0131SPO .nLINTY W'.1FI. RM!A My Commission Expires April 9, 1982 PAA52is area for official notarial seal) CALIFORNIA ALL-PURPA ACKNOWLEDGMENT State of County of i- -Lr On i'71Y7before me, L'_.er�c��/ of /a, , Date Name aild Title of Officer e.g—, "Jane Doe, Notary Public ) personally appeared p° Name(s) of Signer(s) 5�pVrsonally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personpQ whose name §6)17* subscribed to the within instrument and acknowledged to me that([5kp% /t*y executed the same in j9t%r /*ir authorized capacity(A), and that by CINDY PILG I� r /tgir signature(h) on the instrument the person%, Commislon # 1091390 or the entity upon behalf of which the person fg) acted, Notary uubilc — Callfomla executed the instrument. San Luis Ccispc County @My Comm. apireE Mor 17, 20M WITNESS my hand and official seal. Signature Wary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: -3f 'ZZ -rl Number of Pages: -3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: rtni!=4-k*—'4 °- ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact. ❑ Trustee _ ❑ Guardian or Conservator Di - Other: Top of thumb here Signer Is Representing: Name: ❑ Indivitival ❑ Comorafte Officer Title(s): Partner — ❑ ite Attorney -in -Fact Trustee Guardian or Conse Other: Signer Is Representing: 0 1995 National Notary Association • 8236 Remmet Ave., P.O. Box 7184 • Canoga. Park, CA 91309 -7184 ❑ General Prod. No. 5907 Reorder. Call Toll -Free 1- 800 - 876 -6827