HomeMy WebLinkAboutCB 992096; Callaway Golf Company; 1999-0623976; Encroachment AgreementII 1111111 Ill KJ~II~~ll Ill Ill Ill Ill Ill DOC Z 19994623976
SEP 10. 1999 3r59 PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
7171 yllil&j~~~
Fb: ' 25.00
E,THlS LINE FOR RECORDERS USE
scross Owner’
‘B” attached her
:o Owner to all
(A) The encroachment shall be installed and maintained in a safe and
sanitary condition at the sole cost, risk, and responsibility of the owner
and its successors in interest.
(B) The Owner shall agree 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.
1 "ASTERSIFORMSIENCROI\CHMENTI\GREEMENT REV. 12R4197
&?A
7172
(D) Whatever rights and obligations were acquired by the City with respect to the
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 Aareement. This Agreement constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes and replaces all other
agreements, oral or written, between the parties with respect to the subject matter.
and addressed as
6.
constitute a w
unnecessary C#
of any default mus,,
same or any othet$##
7.
benefit of the part@
assigns. Owner agree&o
the property, but any failu
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8. Caoacity. Each party represents that the person(s) executing this Agreement on
2 MASTERSIFORMSIENCRO~~CnMENTAGREEMENT REV. 12i24’4191
h
7173
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this
17th day of Auaust ( 19c.
OWNER CITY OF CARLSBAD
Callaway Golf Company,
3
REV. ,2!*4,97
EXHIBIT ‘A’
7174
All of Lot 16 of Carlsbad Tract No. 8 I- 10 according to Map thereof No.
10330, filed in the Office of the County Recorder of San Diego County, on
February 18, 1982, in the City of Carlsbad, County of San Diego, State of
California.
EXHIBIT ‘B’
7175
A 15’ wide water easement granted to the Carlsbad Municipal Water District
per document recorded November 29, 1990 as tile/page no. 90-0636064, of
Official Records, in the City of Carlsbad, County of San Diego, State of
California
-
SE MAP 7176
\ DRIvF \
GG’LS~AD IFfACT IYU, 81-10
MAP NC?. 10330
WATER EASEMENT TO CM. W.D.
PER DOC. RECORDED 11-29-90
AS F/P NO. 90-636064,
MAP No, 10330 SCALE: <
CALLOWAY GOLF PROJECT
NUMBER
.EXtl/B/ T c
-
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On August 17, 1999; before me, Marguriette Ann Bowden, the
undersigned Notary Public,. personally appeared David A. Rane, personally
known to me - no_ to be the
person@) whose name&) is/de subscribed to the within instrument and
acknowledged to me that he/$&e/they executed the same in his/her/their
authorized capacity(t@) and that by his/h&h% signature@) on the instrument
the person@ or the entity upon behalf of which the person@) acted, executed the
instrument.
WITNESS my hand and official seal
l-A6 & Marguri&te AM Bowden
Not&y Public
(Notary seal)
Title or Type of Document: ENCROACHMENT AGREEMENT.
Date of Document: Auuust 17, 1999, No. of Pages: six (6) uaees
Signer(s) other than names above: none.