HomeMy WebLinkAbout; Brookfield Land Company; 90-561684; Encroachment Agreement,* ’ .’
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, RECORDING REQUESTED BY VVY
AND WHEN RECORDED MAIL TO:
City Clerk's Office City of Carlsbad
1200 Elm Avenue /I Carlsbad, CA 92008
ENCROACHMENT AGREEMENT II FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY I In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of Lot 290, Tract 7779 in the City of Carlsbad, County of San Diego, State of California, in consideration of the grant of permission by the City of Carlsbad to install and maintain an encroachment structure as described and shown on the plat attached: (Assessor's Parcel No.223-190-01) for the use and benefit of owner's property, over, and across public right of way in Cadencia Street covenants and agrees with the City of Carlsbad, as follows:
1) The above described structure shall be installed and maintained in a safe condition at the sole cost, risk and responsibility of Owner and successor in interest, who shall hold the City harmless with respect to City owned facilities.
2) Whatever rights and obligations were acquired by the City with respect to the public right of way shall remain and continue in full force and effect and shall in no way be affected by the City's grant of permission to construct and maintain the encroachment structure.
3) This agreement is made for the direct benefit of Owner's land above described and the covenants and conditions herein contained shall run with said land shall be binding on the assigns and successors of Owner.
4) Owner agrees to remove structure upon order from the City.
ATTEST:
Aletha L. Rautenkranz, Cit immer, Vice President
CITY OF CARLSBAD APPROVED AS TO FORM:
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STATE OF CALIFORNIA)
COUNTY OF ORANGE
On September 5, 1990 before me, the undersigned, a Notary Public in and for said'state, personally appeared Ronald T. Zimmer and Daniel T. Grav personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President and Controller and Vice President, Finance, on behalf of BROOKFIELD
LAND COMPANY INC., the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature