HomeMy WebLinkAboutPR 4.93; Eubanks, Mitze Hua; 1998-0513225; Encroachment Agreement-
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC 7: 1998-0513225
Au.3 13s 1998 2:16 PM
mICI& fimlRDS SAN DIEGfl COlHTY REc#uIER’S EFIGE
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encroachment is attached as Exhibit “c” 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.
(6) 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
1
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
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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 permission to construct and
maintain the encroachment structure.
4. Entire Aareement. This Agreement constitutes the entire agreement between
benefit of the
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MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. Q/24/97
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17Ld .
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 ,I9 SF'. !7 dayof TGL~
OWNER CITY OF CARLSBAD
Mitze H. EuFanks, an unmarriedwq yf‘i,” 1 I,!!!j!ii<l-t ~~~~i~% i@:.= k ; -j E IT-* q!:J:‘.. ;:si,*;., ),I : :* z ‘p’;&; ,I. j( //
By:
I MASTERSIFORMSIENCROACHMENTAGREEMENT REV. 12i24l97
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1704
State of California
County of San Diego )
On 7 //q 19s’ before me, fi [)&km. kk$flt! $!? /f e ,
(Date) (Name, Title of Officer)
personally appeared rn(T77cf 14 ’ E(J&x&ka , (Name[s] of SignerIs])
of satisfactory evidence) to be
ment and acknowledged to
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Ji:> $3 ;,.,.g+ “‘&, : ;:I’ : A!; e*( *dwPr$ i’ i 1,: ‘/ ::i ;!ji:i’i’;‘:“;::i~l~~,~~ ,@ : L :,y$-- (’ ,$, ;‘:’ ,+ ,:i’$l$~a,G 3 ijll ._ $ :t _‘l_ - :. ‘qr’&&!&
_ i’;..‘3z.r...jlg .,’ a 11 i:, $ :~:::I: ; ,. *a $f‘“’ WITNESS my &$$&&&$@cial SeaI z _ ‘,Sf,‘ ‘i ” :,:.j ‘>y;?: :: i’ 3“ ‘: ;gi ” (: ’ _I-(
Date of Document
MASTERS/FORMS/ENCROACHMENT AGREEMENT RN. 12i24/97
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1705
EXHIBIT A
PARCEL 1 OF PARCEL MAP NO. 3713, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 21,1975 AS FILE/PAGE NO. 75
092233 OF OFFICIAL RECORDS.
EXHIBIT B 1706
A PUBLIC ROAD AND UTILITIES EASEMENT FOR STREET RIGHT-OF-WAY
FOR CARLSBAD BOULEVARD OVER, UNDER, AND ACROSS PARCEL 1 OF
PARCEL MAP NO. 3713, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, APRIL 21,1975 AS FILE/PAGE NO. 75092233 OF
OFFICIAL RECORDS.
I I !2 -c
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NOT 10 SCALE I 2
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3
5 9 EXIST.
BUlLDING
L SITE PLAN 1707
NEW CONCRETE f
CA RLSBA D BL VD.
PROJECT NAME SANDBAR RESTAURANT
A#4 By: SCOTT EVANS, CARISBAD ENGINEER/NC DEPT.
PROJECT EXHIBIT
NUMBER PR4.93 C