HomeMy WebLinkAbout; Jung, Fred; 77-258970; Encroachment AgreementRECORD I NG YEQUESTED BY
AND WHEN RECGRDED MAIL-TO:
C i#iy Zngi neer
C?ty of Carlsbad X1.96
12G0 Elm Avenue
Carlsbad, CA 92008
!” . . -7
.! : , *
ENCROACHMENT AGdEEMEflT ” ,““’
FOR USE WITH STRUCTURES BU ILT OVER PUBLIC RIGHT OF WAY
In accordance with the provisions of Section 11.04.090 of the Carlsbad
Municipai Code, the undersigned, the owner of Lot 140 of Terramar Unit NO. 5 according to Map thereof No. 3371
in the City of Carlsbad, County‘of San Diego, State of California in con-
sideration 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.210-112-07 1
for the :Ise and benefit of owner’s property, over, and across public right
07 :+$a i;’ i i? Cerezo Drive
covenants and agrees with the City of Carlsbad, as follows:
I 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, wh shall hold the City harm!ess with respect to
. City owned facilities.
2) Whatever rights nd obligations were acquired by the City with
* respect to the public rig t of way shall remain and continue in full force
: and effect and shall in n way be effected by the City’s grant of permission
tc c~nst rl!-f T-l,rl i .- k.. . . ~2 i nta i n % the encroachmpnt st rrtctll re _ I.. -. - c 3) This agreement is made for the di i ec;i be,-,&; t c,f Od;;cris jzr,d z;bo\ye
tlescribed and the covenants and conditions herein contained shall run with
said land and shall be binding on the assigns and successors of Owner.
4) Prior to construction of the encroachment, a plan showing the details of the encroachment, means to handle drainage, and proposed grading work shall be approved by the City Engineer and Building Director and valid right-of-way,
grading, and building permits issued.
5) This agreement is revocable by the City on thirty (30) days written notice by the City Engineer. Should the owner or his successors fail to remove or relocate the installation herein permitted within thirty (30) days
after notice of removal or relocation, the City may cause such removal or relocation to be done and the cost thereof shall be a lien upon said land.
City Attorney
sl n/5-30.-75
,- -
-d- CITY CLEF?K
TO 1945 CA (8.74,
(Corporation) TITLE INSURANCE AND TRUST
STATE OF CALIFORNIA San Diego \ *TICOR COMPANY
COUNTY OF f ss-
Oil June 16, 1977 before me, ‘the undersigned, a Notary Public in and for said
State, personally appeared Robert C. Frazee
known to me to be the
-‘known to me to be
Mayor
City Clerk RWWh% and-l;
==5 ‘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 instrument pursuant to its by-laws or a resolution of
Its board of directors.
WITNESS my hand and official seal.
c-*(&d--L Z.cCI 4--r-q
1
OFFICIAL SEAL
NORA K. GARDINER
MOTARY PUBLIC-CALF. :
\ PRINCIPAL OFFICE IN \
\ SAN DIEti COUNTY
, MY co&f~lSS[oN EXPIRES JAN, zg, lg8' \ (
(This area for official notarial seal)
TO 1944 CA (8.74)
(Individual)
STATE OF CALIFORNIA 5 COUNTY OF SAN DIEGO
On JUNE 27, 1977 before me,
State, personally appeared iudD -3'UlK
td be the persoL whose name-
the undersigned, a Notary Public in and for said
9
I
,
I (This area for official notarial seal)