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HomeMy WebLinkAboutPR 4.50; Andersen, June; 1992-0159871; Encroachment Agreement-‘, 589 ,A # 192-0159871 23-tmR--lPP2 01=58 WI RECORDING REQUESTED BY DFFICIN. RECORDS AND WHEN RECORDED MAIL TO: SAH DIEGD CDUW RECORDER’S OFFICE City Clerk ; MNETTE EWiS 5 CDUHTY RECDRDER RF: EL00 FEES: 20.0~ City of Carlsbad 1200 Czrhbad Village Drive Carlsbad, CA 92008 i I 1;; 11.00 1.00 ENCROACHMENT AGREEMENT This ENCROAC ~et-t: certain real the City of Rkrcel Number times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after ACRiEMENTS/AG-llB.FRM 1 REV 6/4/W f ’ - A 590 receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall r-nn,ct i trlta lien upon the property. (D) Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City's ~&o;construct and-maintain the encroac ),. ‘- &@&nstitutes the entire speZrE:".@--t;he subject matter &,dll &%er~&$reements, oral or ~~&sp&zt Axi,,the subject matter. default b unnecessary 7. Successors and Assisns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. IENTS/AG-llB.FRM 2 REV 6/4/91 :j 591 h 8. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind' such party. IN WITNESS WHEREOF, this parties Agreement on this 27 day of executed this J , 19 9% ATTEST BY: I AGRiEHENTS/AG-llB.FRW 3 REV 6/4/91 SUBSCRIBING-WITNESS ACKNOWLEDGMENT (“WITNESS JURAT”) NO. 206 . State of AA.i!%rciq > On this the 26 *day of before me, the undersi ned Notary Public, pegonally appeared 19&L+ G g&?&J . ss. County of Y , &u&7 & eqvu dpersonally known to me (name of witness), . 0 proved to me on the oath/affirmation of a credible witness, whom I know personally, to be the person whose name is subscribed to the within instrument as witness thereto, and who swore or affirmed before me that sk(he/she) personally knows YT~ f &dins% (name of signer not appearing before Notary) to be the individual whose name is subscribed to the within instrument as principal and witnessed that individual sign the same and acknowledge signing it freely for the purposes therein contained. WITNESS my hand and official seal. Notary’s Signature 7160 122 NATIONAL NOTARY ASSOCIATION . 23Ol2 Ventura Blvd. l P.O. 80x 4625 l Woodland Hills, CA 91364 . . I ‘ . .-. _ j > * 592 LEGAL DESCRIPTION Lot 11 of PARADISE ESTATES, UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3691, filed in the Office of the County Recorder of San Diego County, August 16, 1957. EXHIBIT “A” :. 593 . .- - LEGAL DESCRIPTION OF EASEMENT A 6 foot strip of land along the northwesterly property line of Lot 11 of PARADISE ESTATES, UNIT NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3691, filed in the office of the County Recorder of San Diego County, August 16, 1957. EXHIBIT “B” .> - . PLAT OF PROJECT BROW DITCH VALLEY STREET 12’ PUBLIC UllLlTlES EASEMENT \ \ \ BROW DITCH WlTH 3’ GUARD RAIL ANDERs;r='N EXIST. 5’ HIGH PRU?ERIY RETAINING WALL RETAlNlNG WALL lwEDlAlELY ADJ. TGFENCE WOOD FENCE RUNS LENGTH OF PROPERTY SPRING PRUPERTY Lo-r 12 pRoJECT NAME ABOVE GROUND ENCROACHMENT ;y;;;; EXH’B’T FOR 3350 VALLEY ST. PR 4.50 C ,.UII P”. CBA?? m,..,c n.m, en.&3 C.IP.a.l~~l.l#. ncm-r 3/13/83