HomeMy WebLinkAboutPR 4.50; Spring, Robert and Kathy; 1992-0159870; Encroachment Agreementl
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RECORDING REQUESTED BY 1 FJFFIrJPl Rp-q@S ,L /I LLC
AND WHEN RECORDED MAIL TO:
City Clerk i
S&q DIE@ [OiiHTY REC@'fiER'S @-FICE fi$flETTE EULj$j T [ij#TY [;E;ORDE$ @: e. $0 FEES: 20. cl{
City of Carlsbad li.l:C
1200 Carlsbad Village Dr ; ;;i LOO
Carlsbad, CA 92008 1
ENCROACHMENT AGREEMENT
between the is entered into
er 11.16 of the
t certain real
the city of
crx&&i by reference. " ; 1 r;.:. c * l(i - '(
City her&& coven&nts:'&'agrees and wner, to con$ruct ,s“.i:! 'b$@$ retaining easem@k;~'% plat ,~~~W~~ tie location ached 8s gxhibit WE.&3&Wd hereto and incorpordt~e'c%;~',b~ “reference. This Agree?+ ~fai; subject to the ~: _“
(B) The Owner 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
AGREEMENTS/AC-llB.FRM 1 REV 6/4/91
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receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a 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 grant of permis,s&on to,,construct and maintain
4. aareement
j ,: ),, ,'
i~i,-: 3'&hy ,~~~~~~~~~~~~~h,' is &@&&a a& may be gi
',thTajy: ;&greemene' &$&I be sent $.n writhing by Uni ;"i+$;#,rs~-class, postage pre-paid, re&sEa$?&$or certif reW8pt requested, or ,&&$g&&ed ~-:&s fo~'~'&&:~ by other OomparabWcommerc 0
ire ter or r.
ven ted ied ial
)( ‘, ‘,
i If to ‘the Owxer: “‘L”?
'RobertA. Spring a$& &&thy'N;,:.Spring
1750 '&as&rood Avenue
CarJsbad, CA 93OQ8 ?'( '(( : l;i )' 3 I '( : : )_ i_ 1: : 0' : li, /Ij,l li r)- EKchlli'l';~~ime TV :~~m~ bY providinq
notice t~'~~~~~~~~~-pa~y in the m&hner descr$b&$J z@cu"e.- i, ,, ,-A- .,O( va%',',"of any act or aiver of any other default by 'Waiver or render
unnecessary subsequent act by be in writing and ncerning the same or
7. Successors and Assians. 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.
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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 hereto have executed this Agreement on this 2and day of F&VJ~~TY / , 19 92.
ATTEST BY:
AGRiEMENTS/AG-11B.FRM REV 6/4/91
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STATE Of CALIFORNIA COUNTY OF sm -b/&a
On sll I&?% before me,
Notary Public,
personally appeared . iibbc?r~ h. f$@-inG) CEO& kh& M.
i-f494 .
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
&/are subscribed to the within instrument and acknowledged
to me that M&e/they executed the same in -r/their
authorized capacity(ies), and that by biMer/their signature(s)
on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
OFFICIAL SEAL
LEIGH B. CARLSON
WITNESS my hand and official seal.
NOTARY PUELIC-CALIFORNIA PRINCIPAL OFFICE IN
SAM OIEGO COUNTY My Commwan Expwes Sept 27 1994
Signature
SF-9474-S (Rev A. 1 l/90) (CA)
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LEGAL DESCRIPTION
Lot 12 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”
. ..‘I .‘.. ~
.A
587
LEGAL DESCRIPTION OF EASEMENT
The 6’ strip of land along the westerly property line of
Lot 12 for the purpose of Public Utility Easement, 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”
588 -
\b - PLAT OF PROJECT
s F
?
ul 3
BROW DITCH
VALLEY STREET 12’ PUBLIC
UTILITIES EASEMENT
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RETAINING WALL WlTH 3’ GUARD RAIL ANDEAS;EN EXIST. 5’ HIGH PROPERTY RETAINING WALL
WOOD FENCE RUNS LENGTH
OF PROPERTY
SPRING
PROPERTY
Lo-r 12
PRoJECT NAME ABOVE GROUND ENCROACHMENT ‘N”u”M”BEE”RT EXH’B’T
FOR 1750 BASSWOOD AVE. PR 4.50 C
DRAWN By: SCOH EVANS. CAR&EM ENGINEERING DEPT. 2/l 5/92