HomeMy WebLinkAbout; Kaiser-Aetna; 77-386424; Encroachment Agreement. _ ,,RE&RDI-NG REQUESTED BY - 77-386424
AND WHEN RECORDED MAIL -10: FILE i PAOE II& m . . " saor 1877' -
City Engineer 1.042 R~cOR~&~REQU~~T~~
City of Carlsbad ,ADDRESSEE
1200 Elm Avenue Carlsbad, California 92008 age 11 9 24 M'11
urt w ENCROACHMENT AGREEMENT $4N&O mwYm-~~* FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT-OF-~{;~;$;;Ou
In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of Lots 26 to 33 of Map 8506 filed in the Office of the CountyNo FE/ Recorder, February 28, 1977 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 for the use and benefit of owner's property, over and across public right-of-way in
Soccorro Lane
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 inno 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 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 required facilities for fire and emergency shall be submitted and approved by the City Engineer and Fire Marshall. The plan shall include a 10 foot gate in the proposed fence for courtyard access from Soccorro Lane, adequate interior clearance for emergency access, and a dry waterline pipe designed to meet the fire flow requirements.
5) A bond, based on 100% of the engineer's estimate for the removal of the encroachment material, shall be posted prior to construction.
6) No construction or placement of combustible materials on the proposed lots fronting on Soccorro Lane or its tributary streets shall be permitted until the encroachment is removed or an all-weather access approved by the City Engineer and Fire Marshall is provided; however, in the latter case, no occupancy of structures on the lots shall be permitted until the encroachment is removed.
7) This agreement shall remain in full force and effect foraperiod of 18 months from the date of signature. It may be extended by City Council upon written request by the permittee at least 30 days prior to the expiration of the permit.
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8) 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 surety executing the bond for removal shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing such work to be done.
Kaiser-Aetna, a Californa General Partnership
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CITY OF CARLSBAD
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(Agent of Partnership)
STATE OF CALIFORNIA
E;-l.EgRANCE
*l-wxm COMPANY SAN DIEGO SS. COUNTY OF
On SEPTEMBER 8, 1977 , before me, the undersigned, a Notary Public
in and for said state, personally appeared FI IAS JOHN GARCIA
known to me to be the agent of the partnership that executed the within instrument and acknowledged to md
that- he- executed the same for and on behalf of said
partnership and that said partnership executed the same. - - . t .*.
WITNESS my hand and official seal. -a*ftqfist*L-:‘- -’ d?
L. CUNNINGHAM
Signatur
IE L. CUNNINGHAM
I (This area for official notarial seal)
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