HomeMy WebLinkAboutPR 4.62; Bellon, David & Marsha; 1992-0738154; Encroachment Agreement. 1
c 2
3
4
5
6
7
6
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGR
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT
This ENCROACHMENT A~~~ (tiAgr@ementtl) is entered into between the CITY OF CARLSBAD ("City") and David S. Bellon and Marsha S. Bellon, (nOwner@*), in accordance. with Chapter 11.16 of the Carlsbad Municipal Code.
1. _s"fie Probert~ O&men= is the'ownsr of that certain real 'property located at' k540 Vispera Place, within the City of Carlsbad, San Diego County, California, AssessorIs Parcel Number 215-280-51, and more particularly described in Exhibit 'IA", attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing 10' easement over, under, and across Owner's property for drainage purposes.
3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to maintain a retaining wall which varies from 1' to 4' in height in the drainage essement. A plat showing the location of the encroachment is attached as Exhibit 'IBII attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions:
(A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in Interest.
(B) The Owner shall agree at all times to indemnify and hoi& 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 and the reasonable cost thereof shall constitute a lien upon the property.
MENTWAG-llB.FRM 1 REV 6/4/91
. 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGZ
. ?
1263
(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 permission to construct and maintain the encroachment structure.
4. Entire Aareement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the parties with respect to the subject matter.
5. Notices. Any notice which is required or may be given pursuant to this Agreement shall 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 adkesoed as"fcIloxs:
If to the City: If to the Owner: City of Carlsbad David Bellon 2075 Las Palmas Drive 6540 Vispera Place Carlsbad, CA 920109-4859 Carlsbad, CA 92009
which addresses may be changed from time to time by providing notice to the other party in the manner described above.
6. Naiver. City's consent to or approval of any act or omission by Owner shall -not constitute a waiver of any other default by Owner and shall not be deemed a w&iver 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.
///
///
///
///
///
/I/
///
:MENTS/AG-llB.FRll 2 REV 6/4/91
,
.
‘c
. I
.
1264
8. Capacitv. 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, Agreement on this q) 7a this parties hgetoce executed this day of c4-a f I 19 92..
ATTEST BY:
City Clerk v
APPROVED AS TO FORM:
$+ hb=-4
RONALD R. BALI, v City Attorney 0-c-A. Mayor
(Proper not&r&al acltnowledge of execution by CWNER must be attached.)
WENTWAG-llB.FRM 3 REV 6/4/91
Shlc of (~i~lil’orlli;~
inacrl ili1111c ;111J lillc 01
.
) lo bc lhc pcrsotl(s) wl~~sc
n;Inic(s) is/xc subscribed lo lhc wilhiu inslrumcnl irnd ;ich~iowlc~l~:c~tI lo Iuc IIM I~c/sl~c/lllcy cxcculc~! Illc SiIIIlC
in Iiis/hcr/lllcir iiull~0riXcri cnlxlcily(ics), ;inrl Ihi by Iris/licr/llrcir signiilurc(s) 011 lhc iiislruinciil lllc pcrsoii(s),
or Ihc cnlily ulh)ii bcl~ill of which tllc pcrsou(s) irclctl, cx
CAPACITY CLAIMED BY SIGNER
TITLE(S)
personally appeared 5. 7(-G& q ATTORNEY-IN-FACT
NAME(S) OF SIGNER(S)
0 personally known to me - OR - proved to me on the basis of satisfactory evidence
to be the person@ whose name@ is/ape 0 SUBSCRIBING WITNESS
subscribed to the within instrument and ac- q GUARDIAN/CONSERVATOR
knowledged to me that helshM4ey executed
the same in his/b&th+t= authorized
capacity-), and that by his/hHMWfr
signature@) on the instrument the person&),
or the entity upon behalf of which the person?) SIGNER IS REPRESENTING:
acted, executed the instrument. NAME OF PERSON(S) OR ENTITY(IES)
AlTENTlON NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized,document.
THIS CERTIFICATE
MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT Number of Pages Date of Document
DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
0 1991 NATtONAL NOTARY ASSOCIATION - 8236 Remmet Ave. - P.O. Box 7194 - Canoga Park, CA 91304-711
EXHIBIT “A”
LEGAL DESCRIPTION
. * LOT 1.37 OF LA COSTA MEADOWS UNIT NO. 1 ACCORDING TO MAP NO. 6800
FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER DECEMBER
9, 1970
- . I * PL.-,T OF PROJECT, 1267 - ,
\
\
: ‘
J
PROJECT NAME #wE qwJP EdTMMwT
- -3543 \/kc tGR t4-
PROJECT
NUMBER
PR 4.62
.
-zzalz
EXHIBI-
8