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HomeMy WebLinkAbout; Watts, Brian & Muriel; 89-000000; Encroachment Agreement. . . RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: ) City Clerk City of Car&bad 1200 Elm Avenue Carlsbad, CA 92008 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of a portion of Block E, Map 2152, Bellevista Subdivision 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 as Exhibit "B". For complete legal description see attached Exhibit "A". (Assessor!s Parcel No. 206-192-13 ) for the use and benefit of owner's property, over, and across public right of way in Highland Drive 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 and shall be binding on the assigns and successors of Owner. 4) Owner agrees to remove structure upon order from the City Engineer when the right-of-way is needed for public use. 5) Prior to installation of the fence owner shall obtain approval of the City Engineer for a detailed fence location plan. ATTEST: Aletha L. Rautenkranz, City Clerk ' BY '1' y"p A: ? <1 i L;‘I it ( i i c I <- ., ,:.c ,.+ i \,, ’ 1,[,/(:3t!, I/‘, .? I’ ’ * 1 Muriel J. Watts CITY OF CARLSBAD APPROVED AS ,TO FORM: Vincent F. Biondo, Jr. City Attorney BY Claude A. Lewis, Mayor EXHHOlrr ‘f% Lots 10 and 11, Block "E" BELLA VISTA? in the City of Carlsbad, County of San Diego State of California, according to Map thereof No. 2152, filed in the Office of the County Recorder of San Diego County, March 7, 1929. EXCEPTING therefrom all that portion of Lot 11, Block "E" BELLA VISTA, according to Map thereof No. 2152, lying Southerly of a line which bears South 73021' West parallel with the Southerly boundary line of said Lot 11 from a point in the Easterly voundary line of said Lot 11 which is North 13'39' West, 76.25 feet from the Southeasterly corner of said Lot 11. ALSO EXCEPTING therefrom the Northwesterly 114.30. feet of Lot 10. -- . .;+-f s k CQfi 7&E cQ~T~Lcc;77otd w--m-- - --- Y A a. bwAdJ Ml VG f%v@ 1 ff&&% 1, LV u I a,r ‘17 ’ i : :’ i ; i, RITE IT - DON’T SAY . v! i Date 19 To File From Karen 0 Reply Wanted q No Reply Necessary RE: ENCROACHMENT AGREEMENT - WATTS - 4400 HIGHLAND DRIVE This agreement was approved on 10/10/89, Agenda Bill 1110,299, Resolution No. 89-359. The original agreement was picked up on 10/12/89 by Mike Bock of Engineering to return it to have the owner's signatures notarized. After numerous calls to Eng. over the next month, we still have not gotten the original document back to process. This copy is being filed as a record of the disposition of the document and our attempts to get it returned. K. AlGNER FORM NO. 55032 PRlNTED ,N USA