HomeMy WebLinkAbout; Watts, Brian & Muriel; 89-000000; Encroachment Agreement.
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. 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
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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.
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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