HomeMy WebLinkAbout; Army & Navy Academy; 210855; Encroachment Agreement3
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mnJ : Stuart c. ??il! I
,lttorney at Law
2906 State street Car&bad, Calif.
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AGREEM
\RTIES: The parties to this agreement are the
‘4 q$P
ENT
‘r;M1~~~~~~1~ A. s, QM;, I. ;r. *rnER
CITY OF CARLSBAD,
Ilifornia, a municipal corporation, hereinafter referred to as
:ITY", and the ARMY AND NAVY ACADEMY OF CARLSBAD, California, herein
'ter referred to as "ACADEMY".
It is hereby mutually agreed between the parties hereto as
1llows I
1. “CITY” grants permission to "ACADEMY" to install, maintain
Id use, a sanitary sewer lateral which shall run from "ACADEt!Y'S"
'operty, hereinafter referred to as "PROPERTY", located at 2625
lrfield Street in the City of Carlsbad, County of San Diego, State
' California, which propery is more particularly described as
Lot 94 of Granville Park #2, in the City of
Carlsbad, County of San Diego, State of
California, according to map thereof #2037,
filed in the office of the County Recorder
of said San Diego County, June 18, 1964,
:ross private property other than that above described, to the
Initary sewer main on Ocean Street within the said city and county.
'aid installation and maintance shall be to the satisfaction of the
ity Engineer of “CITY”.
2. "ACADEMY", its successors and assigns, shall cooperate
,ith and participate in any project designed to provide a sewer main
n Garfield Street in the area of "PROPERTY", and in the event of
nstallation of such a main, "ACADEMY", its successors or assigns,
hall connect any sewerage facilities on property to the said sewer
ain and shall disconnect any sewer lateral running across private
roperty which has been installed pursuant to the permission herein
ranted.
3. If for any reason "ACADEMY", its successors or assigns,
'ails to perform any of its agreements herein contained, “CITY” shal‘
lave the right to remove and/or block any sewer lateral installed
I :
jursuant to the permission herein granted. "CITY shall bill "ACADEMY'
.____-__-_ - __._ ---" ..--.-..- -..-.--..-^-----+ --- -- -__.. _--.lll II __. -_ ________. _
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its successors or assigns for the reasonable value of its said work
and in the event said billing is not paid, "CITY" shall cause it tc
appear as a charge on the tax bill of "PROPERTY".
4. This agreemertt shall be binding on the successors and
assigns of the parties and shall run with the property herein
described.
CITY OF CARLSBAD
ATTEST:
of the Cit; of Carisba
Carlsbad, California
(SEAL)
ARMY AND NAVY ACADEMY 'OF CARLSBAD
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TO 449 c
(Corporation) 74.‘“; 0 TI
STATE OF CALIFORNIA
COUNTY OF s-8 3? 11 fP 9 fl >
ss.
On c8 d I! tJ/ 5% 5c before me, the undersigned, a Notary Public in and for said
State, personally appeared I 6 I fi f / C5 )1SdM
known to me to be the president, and fSd* P c /97’g/%J 8% A- .:
known to me to be Secretary of the corporation that executed the within Instrument,
known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within * ,(,, #( ,,,,,,,,, a,,#1 ,,,, / ,,,,,,,,##,,,,,,, a ,,,,,,,,,,,,,,,,,,,,,,,,, ,111, ,#,,,$, ‘,,~“,“““,““““““““““““”
instrument pursuant to its by-laws or a resolution of its board WILLIAM C. BALDWIN E of directors.
WITNESS my hand and official seal.
NOlARY HIBLIC CALIFORNIA $
PRINCIPAL OWCE IN 1
SAN DIEGO COUNV. $ Signature ,,,,,,” ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, < t,,,c,l,,, ~,C#k ,,,,111, ,,,,,i,,,,,,,.,,,,,,,,,~,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,,,,,~
qqmuuS4 C BALDWIN
Name (Typed or Printed) MY commlulen l xplmr March 26,196&d (Thla .~%a for o(llcial notarial Sad)
. .1L
-.- -.
TO 449 c
(Corporation)
STATE OF CALIFORNIA
. COUNTY OF , San Diego
0 TI
On before me, the undersigned, a Notary Public in and for said
State, personally appeared Carl H. Neiswender
known to me to be the& &%&&& and Marqaret E. Adams .:
known to me to be C 1 ty C 1 er k XGSzCX~of the corporation that executed the within Instrument, known to me to he the persons who executed the within Instrument on behalf of the cornoration therein named. and acknowledged to me that such coiporation executed the within
WITNESS my hand and official seal. STtiR~T c v,‘il.so:~ I . .
NOTARY PCb;!C CALirOZNIA i
PRIW,!F’.L OFFICE IN ;
SAN UltGO COUNTY 1 11111,111011111/11111111111011111111(1,,,,,,~,,,,,,,,“,,,,,, ,,,,,,,, I,,,, 1,,11/1111111111111,111111111111(1111111,,,,,,,,,, ,,,, n,w ,,,,,,, I ,,,,,,
Name (Typed or Printed)
(This area for ofitcial notarial seal)