HomeMy WebLinkAboutPR 4.99; Army & Navy Academy; 1999-0116104; Encroachment AgreementDOE++ 1999-011~104
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
5633 FEB 25% 1999 II=54 AM
oFFIcIErL im!RDS SM DIEGO COtMY REo[IRIlER’S OFFICE GlEGw p&wHI ~~~~ : .
to Owner to allow a single bell system cable line to remain in a portion of the public utility and
street easement. A plat showing the location of the 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.
(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. . ” j I . -4 :,
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MASTERS/FORMSlENCROACHMENTAGREEMENT REV. 12/24/97
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(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.
(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.
unnecessary City’s co
of any default must b
same or any other pr
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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MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
5635
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8. CaDacitv. 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.
ies hereto have executed this Agreement on this
CITY OF CPRl RRAr OWNER
-ations.
:retary
I.)
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12i24l97
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EXHIBIT “A”
Lots 58-61, 94-96, 98 and 102-104 of Map No. 2037 in the City of Carlsbad,
County of San Diego, State of California, filed in the Office of the County
Recorder of San Diego County, on June 18, 1927.
Block 2 of Map No. 893 in the City of Carlsbad, County of San Diego, State of
California, filed in the Office of the County Recorder of San Diego County, on
Nov. 11, 1915.
A portion of Block 3 of Map No. 775 in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County Recorder of San
Diego County, on March 12, 1915.
563’7
EXHIBIT “B”
A 40’ wide Public Utility and Street Easement for Ocean St. and Cypress Ave.,
and a 60’ Wide Public Utility and Street Easement for Garfield St. in the City of
Carlsbad, County of San Diego, State of California.
5638
ARMY NAVY ACADEMY
City right-of-way boundary
10T TO SCALE
-emend
--- Conduit for communication
and bell cable lines
‘ROJECT NAME ARMY NAVY ACADEMY PROJECT EXHIBIT
NUMBER
PR4.99 C
l .
5639
State of California 1
County of San Diego
On 1 i$zT m \lars ., before me,
personally appeared 4
A be-
(Name[s] of Signer[s])
k personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person@ whose name(s)
islar subscribed to the within instrument and acknowledged to me that he/+emy
executed the same in his/l)er/pir authorized capacity(&), and that by his/hgr/tt@ir
signature(r) on the instrument the person@, or entity upon behalf of which the person(9
acted, executed the instrument.
hand and official seal
(This area for
official notary seal)
Title or Type of Document
1 \rbA -z!!?r 3 Date of Document
Signer(s) other than named above