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HomeMy WebLinkAbout; Hatch, William & Marilyn; 1992-0515290; Encroachment Agreement. I 2242 I RECORDING REQUESTED BY gTIC&qt REggf!f AND WHEN RECORDED MAIL TO: $$I; gE$g C$j$Y AECQf@ER'S OffIf.E 1 ~~#E~~E EQfiHS 1 f!JjHif' RECORDER City Clerk 1 ,'X FEES: 0.00 City of Carlsbad 1200 Carlsbad Village Drive ; _j:: I __. Carlsbad, CA 92008 ) S" ,' :" ) 2j i'- ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY ), (, I:,,, ,: This ENCROAC~E~~~~~~~ ("Agreement") is entered into between the CITY OF CARLSBAD (*City") and William L. Hatch and Marilyn L. Hatch, (wOwner@), in accordance with Chapter 11.16 of the Carlsbad Municipal Code, 1. The, Prt'qertv Uwner is the owner of that certain real property located ,at iO86 Sunnyhill. Drive, within the City of Carlsbad, San Diego County, California, As~essor~s Parcel Number 207-072-07, and more particularly described in Exhibit llA1', attached hereto and incorporated herein by reference. 2. The Eetsement. City currently owns an exi&$.ng easement over, under, and across Owner's property for street purposes which easement is described in Exhibit llBtl attached hereto and incorp,arated by reference. . City hereby covenants. an&agrees and ner tQ construct a Split rail fence with square brick columns. A plat showing the location of the encroactient is attached as Exhibit l'C1l attached hereto and incorporated by reference. This Agreement is subject following terms and conditions: (A) The &ncrqrx&%~M'. ,qha$l ) be' installed and maintained.in a safe&~3 lsanitary condition at the sole CQS~~ risk; and &esponsibilfty of the owner and its suc+zessors $n interest. (B) The Owner sha& i i:&&l&&; 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. AGREEMENTWAG-llA.FRH 1 to the REV 6/5/91 . . e 224: (D) Whatever rights and obligations were acquired by the City with respect to the right-of-way and 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 Asreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replates all other agreements, oral or written, between the part3.e~ with respect to the subject matter. 5. Notic@& 'Any n&#tiQe Which is required or may be given pursuant to this=Agreement shall be sent in writing by United States mail, first class, postage pm-paid, registered or certified with return receipt requested, or by other comparable commercial means and a&dressed as folluws: If to th& city~ If to the Owner: City of ?Carlsb&d Mr. & Mrs. William Hatch 2075 Las Pal&%asr Drive 4086 Sunnyhill Drive Carlsbad, CA 92009-4859 Carlsbad, CA 92008 which $$d&e:rs;s& may be changed from time to time k&providing notice to the other party in the manner described abo%kb. 6, :‘ omission 'City&s consent to or approvtix Qf "any act or & ~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. This Agreement shall be binding and inure to the benefit'of thla p&ties hereto and their respective legal representatives, succtci?sgors, 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. /// /I/ /// /// /// /// /I/ AGREEMENTWAG-llA.FRM 2 REV 6/5/91 8. Capacitv. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, Agreement on this nf A ATTEST William L, Hatch, Owner APPROV& i &#j ‘,$,Q hm$ Mayor AGREEMENTS/AG-llA.FRM 3 REV 6/5/91 GENERAL ACKNOWLEDGMENT NO. 201 State of California On this the 6th day of July 19%&, before me, ss. County of San Diego ***CYNTHIA CASTILLO*** 7 the undersigned Notary Public, personally appeared ***wILLIAb’l L. HATCH m I”lARyLyN L. HATCH*** , a personally known to me a proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 5 subscribed to the within instrument, and acknowledged that they executed it. WITJ423S my hand and offici#?jeal. Notary s$fgnaftire 7 - ) 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91 - 2245 EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY All that portion of Lot 33, Carlsbad Highlands, in the County of San Diego, State of California, according to Map thereof No. 2647, filed in the office of the County Recorder, April 18,1950, lying southerly of the following described line: Beginning at a point on the westerly boundary of said Lot 33, distant thereon 97.63 feet southerly from the northwesterly corner of said Lot; thence along a line radial to the curve constituting the westerly boundary of said Lot. 2246 EXHIBIT “B” LEGAL DESCRIPTION OF EASEMENT - SUNNYHILL DRIVE That portion of a 60 foot street easement lying adjacent to the westerly boundary of all that portion of Lot 33, Carlsbad Highlands, in the County of San Diego, State of California, according to Map thereof No. 2647, filed in the office of the County Recorder, April 18, 1950, lying southerly of the following described line: Beginning at a point on the westerly boundary of said Lot 33, distant thereon 97.63 feet southerly from the northwesterly corner of said Lot; thence along a line radial to the curve constituting the westerly boundary of said Lot.