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Home My WebLink AboutPR 4.55; Schulz, K.R. and Ann; 1992-0449414; Encroachment Agreement. AC It 1992-0449414 I,?-JUL-1492 02~34 PI RECORDING REQUESTED BY 116 2 OFFICIAL RECORDS AND WHEN RECORDED MAIL TO: SAN DIEGO COUNTY RECORDER’S OFFICE City Clerk i ANNETTE EU;N;!i CO~N~~E~ECOROER : 17. City of Carlsbad ;;; 9:oo 1200 Carlsbad Village Drive ; FIF: 1.00 Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY ;' This ENCROACHMEN% " T ("Agre@aentl') is entered int between the CITY OF -B&D ("City") and K. R. SCHULZ AND ANN M. SCHULZ, ("C&ner~), Carlsbad Municipal Code, in accordance with Chapter 11.16 of th 1. m Ciwnler is the owner of that certain rea property lu~atsd'at 2648 Marmol Court, Carlsbad, California 92009 within the City of Carlsbad, San Diego County, California Assessor's Parcel Number 215-491-05, and described in Exhibit rlA1l, more particular1 attached hereto and incorporated herei by reference. 2. The Easement. City currently owns an existing easemen over, under, and across Owner's property for street purposes whit easement is described in Exhibit IIBW attached hereto an incorporated by reference. 3. City hereby covenants and agrees an grants its permission to Owner to maintain the existing electroni gate controller. A plat showfng the location of the encroachment is attached a Exhibit "C*' attached hereto and incorporatad by reference. Thi Agreement is subject to the following terms and conditions: (A) The encraachaent shall be installed and maintained fn a safe and smitazy condition at the sole cost, risk, andresponsibility of the owner and its successors in interest. (B) The Owner shall agree at all 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 receipt of it from the City Engineer, or the City Engineer may cause such work to be done - 163 - 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 right-of-way and easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. ,:' ,,' 4. : .&'& A re g emant constitutes the entire agreement between %he p&es wwLth respect to the subject matter hereof and supersedes an& replaces all other agreements, oral or written, between the parties with respect to the subject matter. 5. Any notice which is required or may be given pursuant to thio'Agreement sh&i.l be sent in writing by United States mail, first class, postage pre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the, Cityr If to the Owner: City of Carfsbad Wr. and Mrs. Schulz 2075 Las Palmas Drive 2648 Marmol Court Carlsbatkl, CA 92009-4859 Carlsbad, CA 92009 which addresses may Ibe changed from time to time by providing notice to the other party in the manner described above. 6. J$.@ver. City's consent to or &pproVal of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 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. AGREEMENTWAG-llA.FRM 2 REV 6/5/91 164 8. Canacitv. 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 day ofU@, , 19 ya. ATTEST BY: K.R. AND ANN M. SCBULZ APPROVED AS TO FCkM: ,QL RONALD R. BALL 74*Tt* Acting City Attorney Mayor AGREEMENTWAG-llA.FRM 3 REV 6/5/91 - - STATE OF CALIFORNIA COUNTY OF SAN DIEGO On MAY 27, 1992 K. R. SCHULZ before me, a Notary Public in and for said state, personally appeared and ANN M. SCHULZ******* personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their sign r the entity upon behalf of which the person(s) acted, 146399 1-W 25 Notaria, Adumw~ment ’ (Notary Public’s Signature) PW EXHIBIT "A" 4 PROPERTY DESCRIPTION LOT 80 OF LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALXFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE CFFTCE OF THE CWNTY RECORDER OF SAN DIEGO COUNTY, MAY 5, 1976 EASEMENT DESCRIPTION THAT F+WtTToiEf dF LA COSTA ESTATES NORTH, MAP NO. 8302, DEFINED AS MARMOL COURT, FILED IN THE CITY OF CARLSBAD OFFICE OF THE COUNTY RECORDER QF SAN DIEGO COUNTY. _L ’ iLAT OF PROJECT NOT TO SCALE \ \ EXISTING - I 1’ -- -~ . . DRl@WAi _ ’ 1 ELECTIRONiC _ CONTROL APYAKA IU~ GATit m.-.-*- \ \ * .- ;: ’ ,‘. ~.A . . 8 : * : ‘.. . . . . h. Y CURB k I I 2’ BETWEEN CURB & GUTTER PROJECT NAME ABOVE GROUND ENCR0ACHMEN-t. PROJECT EXHHIT FOR 2648 MARMOL CT. I I NUMBER PR A55 C