HomeMy WebLinkAbout; Fieldstone/La Costa Associates; 90-561683; Encroachment Agreementh 603
RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: )
City Clark's Office 1
City of Carlsbad
120%~Elm Avenue ;
Carisbad, CA“92bb8 ;
ENCROACHMENT
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5; ‘~j_“j<-- ‘.g’ i r-(.;r$l $-i * r:. AGREEMENT s___i_ FOR USE WITH STRUCTURES BUILT WITHIN PUBLIC RIGHT OF WAY
In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned., the owner of portion of north quarter of Section 31-12-31; and Portion of northwest quarter of northeast guarter and portion of northeast quarter of northwest quarter of Section 31-1203W 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. 223-050-49; 223-050-51) 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. FIELDSTONE/LA COSTA ASSOCIATES LIMITED
ATTEST: PARTNERSHIP, A Cal.Limited Partnership 7 HF: FTRWTONE COMPAhY
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Aletha L.
APROVED AS ~RML CITY OF CARLSBAD
City Attorney
BY
AGREEMENTS/AG-ll.FRM
STATE OF CALIFOR
E IA COUNTY OF an Diecro jss. 604
On August 77, 1990 , before me, the undersigned, a Notary Public in and for
said State, personally appeared John Barone &&X
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
XX&X&find A.5 S i StaIlt Secretary, on behalf OfTheFieldstoIle Company
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its by-
laws or a resolution of its board of directors, said corporation being
known to me to be the general partner of Fieldstone/
Associates Limited ,
#p that executed the within instrument, and
acknowledged to me that such corporation executed the same as
such partner and&at such partnership executed the same.
(This area for official notarial seat)
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