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HomeMy WebLinkAboutPR 4.40; Aviara Land Associates; 1991-0197054; Encroachment Agreement. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: i 1 i;# t;IEij-j [@jjTY f&CflRDER's OFFICE City Clerk 1 City of Carlsbad i MHETTE EVA% 3 COU#TY F:ECORDER ;;,: 5. a0 FEES: i!.OC 4200 Elm Avenue 1 4.00 Carlsbad, CA 92008 )w n;: i. 00 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of Aviara in -the City of Carlsbad, County of San Diego, State of California, in consideration of the grant of permission by the City of Carlsbad to install and maintain an encroachment structure as described and shown on the plat attached (labeled Exhibit rlA'V):' Located in the easterly 3.2 feet of the Kingfisher Place right of way approximately 65 feet north of the centerline of Batiguitos Drive in the Aviara Project (Assessor‘s Parcel No. 215-592-X)) for the use and benefit of owner's property, over, and across public right of way in Kingfisher Place covenants and agrees with the City of Carlsbad, as follows: 1) The above described structure shall be installed and maintained in a safe condition at the sole cost, risk and responsibility of Owner and successor in interest, who shall hold the City harmless with respect to City owned facilities. 21 Whatever rights and obligations were acquired by the City with respect to the public right of way shall remain and continue in full force and effect and shall in no way be affected by the City's grant of permission to construct and maintain the encroachment structure. 3) This agreement is made for the direct benefit of Owner's land above described and the covenants and conditions herein contained shall run with said land shall be binding on the assigns and successors of Owner. AGREEMENTS/AG-ll.FRM 2208 A C 4) Owner agrees to remove structure upon order from the City. OWNER: Aviara Land Associates Limited Partnership, A Delaware Limited Partnership By: ')A i9rrr^-,,,, Ted L. Hoover, Assistant Secretary By: e f Ted L. Hoover, Assistant Secretary ATTEST Aletha L. Rautenkranz, City Clerk AGREEMENTS/AG-ll.FRM CITY OF CARLSBAD BY ’ STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss. I On March 27. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President and Ted L. Hoover personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) NOTARY PUBLIC STATE OF CALIFORNIA COUNTY OF San Diego I 1 ss: I On March 27. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Vice President, and Ted L. Hoover, personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as the Assistant Secretarv of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) NOTARY PUBLIC A 2110 PLAT MAP EXHIBIT “A” BOX CULVERT DETAIL SCALE: 1’ = 10’ PROJECT NAME ABOVE GROUND ENCROACHMENT PROJECT EXHIBIT PERMIT FOR KINGFISHER PLACE NUMBER PR 4.40 A