HomeMy WebLinkAboutPD 2024-0016; Grant C. Furnberg, Trustee of the Grant and Meganne Furnberg Family Trust of 2008; 2024-0253164; Encroachment Agreement(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 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 Agreement. 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 addressed as follows:
If to the City: If to the Owner:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
Grant C. Furnberg and Meganne M.
Furnberg
2807 Via Conquistador
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. Waiver. 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
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 Assigns. 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.
8. Capacity. Each party represents that the person(s) executing this
2
Q:ICEO\LandOev\PROJECTS\PO\PO 2024\PO2024-0016 2807 Via Conquistador· Glass\ENCROACHMENT AGMT.doc 3/28/2024
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of SAN DIEGO
on September 18, 2024 before me, AMBER DAN, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_a_s_o_n_S_._G_e_l_d_ert ____________________ _
who 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 signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur~
~--··········, '► AMBER DAii
: ••• • -liot1ry Public • California : i i: • San Diego Count'! ~ • Commission ;/ 2466436 -
·• • My Comm. Expir~ Oct 17, 2027
(Seal)
EXHIBIT A
PD 2024-0016
EAGREE2024-0020
LEGAL DESCRIPTION OF THE PROPERTY
LOT 80 OF CARLSBAD TRACT 93-04, RANCHO CARRILLO VILLAGE "Q" PHASE 1, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF NO. 13551 , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MARCH 31, 1998.
APN: 222-592-16-00
EXHIBITB
PD 2024-0016
EAGREE2024-0020
LEGAL DESCRIPTION OF THE EASEMENT
A PUBLIC STREET AND PUBLIC UTLITY EASEMENT PURPOSES DEDICATED TO THE CITY OF
CARLSBAD PER MAP NO. 13551, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 31, 1998.