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IIPW
1416 PAM l a
23445.
EASEMENT ENCROACHMENT AGREEMENT
THIS AGREEMENT entered into this 7th day of November, 1966, by and
between SAN LUIS OBISPO GARBAGE COMPANY, a California corporation, herein-
after called "Company, " and the CITY OF SAN LUIS OBISPO, a municipal corpor-
ation, hereinafter called "City. "
RECITALS:
1. City is the grantee in a deed of easement in, on, over, along, and through
a parcel of real property owned by Company to construct, install, and maintain a
certain sewer easement. Said Deed of Easement was recorded in the Office of the
County Recorder, County of San Luis Obispo on September 24, 1956 in Volume 863
at Page 323. Reference is hereby made to said Deed of Easement for further
particulars.
2. Company desires to construct a building or structure over said easement
hereinabove described and has submitted plans and diagrams of said structure or
building to the Building Department of City and has requested that City issue a
Building Permit based on said plans and diagrams.
NOW, THEREFORE, in consideration of the mutual promises, covenants,
and agreements herein contained, the parties do hereby promise, covenant, and
agree one with the other as follows:
1. City hereby grants to Company permission to construct a building or
structure erected in accordance with the plans and diagrams heretofore submitted Z
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by Company to City on the 19th day of October, 1966 over the easement hereinabove
described.
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2. Company agrees that, in the event it is necessary to repair or replace the °'
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sewer line in said easement, that Company shall, at its own expense, remove and to
replace any portion of the said building necessary to be removed to allow City to
have reasonable access to said sewer line for the purpose of repair or replacement.
3. City, in maintaining, repairing, or replacing a sewer line in said easement,
shall perform all acts and bear all expenses that would have been necessary to
maintain, repair, or replace the said sewer line had the structure or building
herein described not been in existence.
4. The promises, covenants, and agreements herein shall constitute covenants
running with the land.
TO 449 C
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Luis Obispo } SS.
VOL1416 PAGE680
On November 7, 1966 before me, the undersigned,.a Notary Public in and for said
State, personally appeared Cbas, CattiiIleo
m known to me to be the President, and A. RIZZ01i
W known to me to be Vice - President M&P� of the corporation that executed the within Instrument,
_ , known to me to be the persons who executed the within
Instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the within
m instrument pursuant to its by -laws or a resolution of its board KAMR MUM
of directors. NOTARY FORA(
WITNESS my h d and official / seal. / SAN LUIS OBISPO COUNTY
— �� �J6lcL_ _ _ (AllFOPH1A
Signature
Kandres RWOck
Name (Typed or Printed)
(This area top o®elal notarial seal)
State of California. )
County of San Luis Obispo ) ss
On this 7th day of November, 1966 before me, the undersigned, a notary public
in and for said County and State, personally appeared Clell W. Whelchel, known to me
to be the Mayor, and J. H. Fitzpatrick, known to ine to be the City Clerk, both of the o
City of San Luis Obispo, a municipal corporation, and known to me to be the persons
who executed the. within instrument on behalf of said municipal corporation, and F.►
acknowledged to me that such municipal corporation executed the same. C
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Witness my hand and official seal. En
KAAIDRES BlALDCK N
,LL CC'�C� MO7ARY PUBLIC
3, SAN' LUIS ORISPO COUNTY
Kandres Blalock, Notary Public in and for
CALIFORNIA fi
said County and State. ��"°
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VM1416 PAt'E619
5. The promises, covenants, and agreements herein contained shall be binding
on the heirs, successors, and assigns of the parties hereto.
6. This Agreement applies only to the structure or building herein described
and no others. Should the Company or its successors wish to build additional or
other structures or buildings over said easement, nothing herein contained shall be
construed so as to prevent City, or its appropriate department, from refusing to
grant a Building Permit to Company, or its successors, to erect or construct such
additional or different structures or buildings in order to protect the City's ease-
ment herein described.
IN WITNESS WHEREOF , the parties hereto have set their hands on
the date indicated above.
(Corporation Acknowledgment)
ATTEST:
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(Acknowledgments)
SAN LUIS GARBAGE COMPANY, A California
Corporation
By ifjzQZf
President
By
Vice - President 4
CITY OF SAN LUIS OBISPO, a municipal
corporation
=1 M-2/
Page 2
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VM1416 PAt'E619
5. The promises, covenants, and agreements herein contained shall be binding
on the heirs, successors, and assigns of the parties hereto.
6. This Agreement applies only to the structure or building herein described
and no others. Should the Company or its successors wish to build additional or
other structures or buildings over said easement, nothing herein contained shall be
construed so as to prevent City, or its appropriate department, from refusing to
grant a Building Permit to Company, or its successors, to erect or construct such
additional or different structures or buildings in order to protect the City's ease-
ment herein described.
IN WITNESS WHEREOF , the parties hereto have set their hands on
the date indicated above.
(Corporation Acknowledgment)
ATTEST:
7� qty LiWrk
(Acknowledgments)
SAN LUIS GARBAGE COMPANY, A California
Corporation
By ifjzQZf
President
By
Vice - President 4
CITY OF SAN LUIS OBISPO, a municipal
corporation
=1 M-2/
Page 2
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X1416 •PA-1 01
OF ACCEPTANCE
* * *dt * * **
THIS IS TO CERTIFY that the interest in real property conveyed by the
Easement Encroachment Agree. dated November 7 A 19 66
from San Luis Garbage Company
to the City of San Luis Obispo, a Political Corporation, is hereby
accepted in accordance with Resolution No. 549 (1959 Series), recorded
My 26, 1959, in Volume 1002, Official Records, Page 292, San Luis Obispo
County, California, and the grantee consents to recordation thereof.
RATE: 19_f��.
Document ND. 23445 --
RECORDED AT REQUEST OF
At
Mr-10- - -J- P - -M.
Vol. Official Records P. 6'18
San Luis Obispo County, Calif.
NOV 16 1966
s
OU RECORDER
By - - _ Deputy
Fee $ - - - -- _Indexed
COMPARED
CITY OF SAN LUIS OBISPO
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