HomeMy WebLinkAboutPR 99-55; Hoekstra, Charlene; 1999-0550742; Encroachment Agreement1 I 7845 DOC 4 1999-0550742
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
MJG 09, 1999 4:22 PM
ECORDER’S USE
ENCROACHMENT AGREEMEN;’
El\j;a ’ ~Ac~~E~~Nt ~‘;‘C”l~~en~)’ is;‘; ~ntere~‘r:’ :into between
‘City”) and Chariene M, Rbekstra, an unmarried woman, (“Owner”), in accordance v&h Ch&~#r 11 .I 6 of the Carlsbad Municipal Code.
1. The Rrot%$tv Owner is the owner of that certain @I prdperty of Carlsbad Tract
No. 88-03-02, Lot %?‘ci, Arroyo la Costa, Unit 2 ‘(Villages Q,& $, 6, Q, ,,R and S), in the City of
Carlsbad, Court&y ofSa@$iego, State of California, according to Map &% 13388 filed with the
County Recorder of&#$$&go County on,December 20, i’$96. ‘Assessdr’$‘Rarcel Number 255
262-28, and
by reference.
rnore~pak@$#&$ described in Exhibit “A”, attached hereto’,and incorporated herein ,~‘_ !;%_ S’ (I ,,i,‘;,:jj;,,: ((Q ,, 5 :‘p;;,
2. The &J&&&& ~,$&@~~pntly owns an exjst&ic’easement over, under, and &,:,:
across Owner’s proper@, for draiirege ‘&rd gener#;u&i’~ and access which easement is
described in Exhibit “B” atta#red hereto and’in,cor&ratediby reference.
‘,!J :( ,a ,: :sg, :i ,‘I$ :_ _‘
3. The Encroachment. 13i~,he~ebSlr~o~~~~~~~~~~~ees and grants its permission
to Owner to allow approximately i 8x5 feet’ $f* #fat inte’gra’/’ colored concrete fcr portion of
driveway and 7x5 feet of flat brick landing on concrete sub-base in the general utility and access
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.
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MASTERS/FORMS/ENCROACHMENT AGREEMENT 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.
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.
Ill
ill
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I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12Q4i97
8. Each party represents that the person(s) executing this Agreement on CaPacitv.
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
OWNER CITY OF CARLSBAD
Charlene M. Hoekstra, an unrnarr~~,~,ug~~iiill:~~~~~~~~~,~: I, :,’
By: ~ r (_ : : (‘(,: -lene M. -ti$$ksj&a i ,s ‘j ! 2: : :!,j‘
‘> “’
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: >L :~‘%,a. ; : I ! ,‘,’
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1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
State of California
County of San Diego
On 3Ar 20, w?c7 before me,
PAW
personally appeared
7848
c&c&r, fi. C\nets$tcL
(Name[s] of Signer[s])
c personally known to me -OR -
._
roved to me on the basis of satisfactorv evi-to be the person& whose name Y 0 is are subscribed to the within instrument and acknowledged to me that h
executed the same in hi authorized capacity- and that by hi
signature&) on the instrument the person N , or entity upon behalf of which the personw
acted, executed the instrument.
Title or Type of Document E nc C&Q o.l\ mu ~4 a.ree me n J
Date of Document ‘7 20 1 c? ? No. of Pages 3
Signer(s) other than named above I, I ou d B. c),,l?hs, f? c , I I
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7849
EXHIBIT “A”
Lot 215 of Carlsbad Tract No. 88-03-02, Arroyo La Costa, Unit 2 (Villages G, H,
J, P, Q, R and S), in the City of Carlsbad, County of San Diego, State of
California, according to Map No. 13386 filed with the County Recorder of San
Diego County on December 20, 1996.
EXHIBIT “B”
A 60’ wide public street and utility easement granted to the City of Carlsbad, as
shown on Parcel Map number 13386, 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 December 20, 1996.
.
NOT TO SCALE