HomeMy WebLinkAbout; Geyer, Richard E. & Anne; 178598; Encroachment AgreementI
i
i
4
!
t
r 1
€
5
1c
11
12
13
14
15
16
17
ia
19
20
21
22
23
24
25
26
27
28
29
30
31
32
I
City of Carlsbad
2960 Pi0 Pic0 Drive
Carlsbad, California
ENCROACHMENT REMOVAL AGREEM
PARTIES: The parties to
the CITY OF CARLSBAD, Cal
after referred to as "CIT
this Encroachment Removal Agreement are
fornia, a municipal corporation, herein-
", and RICHARD E. GEYER and ANNE GEYER,
hereinafter referred to as "GEYER".
RECITALS: This agreement is made with reference to the following
facts:
1. "GEYER" is the owner of said real property situated in th
City of Carlsbad, County of San Diego, State of California, inore
particularly described on Exhibit "A", attached hereto and by this
reference incorporated herein.
2. "GEYER" has recently built a building on his said real
property, which said building extends beyond the limits of his said
the sai
n the
and is
t "B", attached hereto and by
property and on to the public right of way. The portion of
building which encroaches onto the right of way is located
City of Carlsbad, County of San Diego, State of California,
more particularly described on Exhib
this reference incorporated herein.
3. "GEYER" is desirous of not being required by YCITY" to
remove said encroachment, and "CITY" does not wish to require the
removal of said encroachment at this time, and the parties hereto
tual remova
COVENANTS:
the parties
wish to reduce to writing their agreement with regard to the even-
of said encroachment.
NOW, THEREFORE, it is mutually agreed by and between
hereto as follows:
1. "CITY" hereby grants to "GEYER" revocable permission to
maintain in the public right of way described on Exhibit "B",
attached hereto, a portion of a building, which said permission is
granted for the use and benefit of "GEYER'S" property described on
Exhibit "A", attached hereto.
2. Permission to maintain the said encroachment may be re-
I
1
1
2
4
I
t
r I
€
s
1c
11
12
12
14
1?
1f
17
1€
1:
2c
21
22
2:
24
2:
2t
2:
2t
25
3f
3:
3:
I
voked at any time by the "CITY", at its sole discretion, by "CITY'S'
sending notification of said revocation to "GEYER" or his successor!
or assigns, by United States mail addressed to 690 Elm Avenue,
Carlsbad, California.
3. Within thirty (30) days after revocation of the herein
granted permission to maintain said encroachment, "GEYER", or his
successors or assigns, shall remove from the said public right of
way, described in Exhibit "B", attached hereto, any and all improve
ments and/or structures, and shall place said property in a safe
condition for use as public right of way as then required by the
City Engineer of the City of Carlsbad.
4. "GEYER" shall hold harmless "CITY", its agents, officers
and employees from any claim for personal injury, property damage,
or any other cause arising out of or connected with the exercise of
the herein granted permission.
5. "GEYER" shall maintain said portion of building which
encroaches upon the public right of way in a safe and sanitary con-
dition at his sole cost and expense.
6. This agreement is made for the direct benefit of "GEYER'S
land described on Exhibit "A", attached hereto, and the covenants
herein contained shall run with said and and shall be binding on
the assigns and successors of "GEYER" Should "GEYER" or his suc-
cessors or assigns fail to remove the portion of building herein
permitted to encroach upon the public right of way within the time
herein a1 lowed after notice of revocation, "CITY" may cause such
removal to be done, and the cost thereof shall be a lien upon the
property described on Exhibit "A" attached hereto.
d 7L?L(_/ ANNE GEYtR ' U
-2-
I
1
2
3
4
5
6
7
,a
.":. '. 9
: 1.0
,xi
12
13
14
15
16
17
.. .,
' 'i
., .
ri is;
,.
,, 'go
2.1
' ae
23
24
25
26
27
2E
2s
3c
31
3:
..
I
STATE OF CALIFORNIA:
COUNTY OF SAN DIEGO:
ss.
On in' and for said State, personally appeared RICHARD E. GEYER and
& /f, 1964, before me, the undersigned, a Notary Pub1
ANNE GEYER, known to me'to be the persons whose names subscribed to
the within instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
CITY OF CARLSBAD, a municipal
corporation,
B
of the City Carl sbad, Cdl i fornia
ATTEST :
' :f&&J,ET E. ADAMS $tj:,tlerk .. <..
:&,?A\;$
:: '~ !.;> ( SEA'L 1:); . . . h , 1 _.
, . (-, . ., ,. ..
, ",, ' ., .,, _, . , ',+:~.':. .
E OF CALIFORNIA:
COUNTY OF SAN DIEGO:
on'w2'/ , 1964, before me, the undersigned, a Notary Publi
in a for said State, personally appeared CARL H. NEISWENDER, know to me to be the Mayor of the City of Carlsbad, and MARGARET E. ADAV
known to me to be the City Clerk of the City of Carlsbad, the cor-
poration that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the municip
corporation therein named, and acknowledged to me that such corpor-
ation executed the within instrument pursuant to a motion of its
City Council on September 1, 1964.
a1 ,seal.
ss.
WITNESS mv hand and offic " n
Signature C~,
-3-
o
907
The Easterly 5C.GO feet of Lot 29, excepting the Northwesterly
5.00 feet and the Easterly 50.00 feet of Lots 30 through 32 of
Block 3#, Carlsbad Map No. 535, filed in the Office of the County
Recorder of San Diego County, February 2,
EXHIBIT "A"
o
908
That portion of the Southwesterly 0.50 feet of Madison Avenue
(formerly Third Street), as shown on the T'ap of CARLSBAD, No. 535
filed in the Office of the County Recorder of San Diego County,
February 2, 1$&7, which lies Northwesterly of the Northeasterly
prolongation of the Southeasterly line of Lot 32 in Block 3$ of said
CARLSBAD, and Southeasterly of the Northeasterly prolongation of the
Southeasterly line of the Northwesterly 5-00 feet of Lot 29 in said
Block 3$, in the City of Carlsbad, County of San Diego, State of
California.
EXHIBIT "B"
I
I ROOSEVELT (SECOND ST) I b n. I
ST. f
SCHELL 4 SIYs
ADD. TO CARLSBAD