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HomeMy WebLinkAboutCT 76-03; Clark, James A. & Lilly L.; 79-2822737; Encroachment Agreement.. .A648 ** +- RECORDING REQUESTED -1 AND WHEN RECORDED MAIL TO: City City of Carlsbad 1200 Elm Avenue 79-2232737 FILE/PAG€ NO. --. BOOK 1979 RECORDED REOUESTOF Carlsbad, CA 92008 I CIr-r(r.rni)nP -- RECORDER SAN DIECIO COUNTY, CIILIF. ENCROACHMENT AGREEMENT In accordance with the provisions of Section 11.04.090 of the $4.00 Carlsbad Municipal Code, the undersigned, the owner of Lot 91, Carlsbad Tract No. 76-3, !.lap No. 8583 (3336 Cab0 Way) Assessor's Parcel No. 223-283-8 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 attached drawing for the use and benefit of owner's property within a public utility and tree planting easement covenants and agrees with the City of Carlsbad as follows: 1. The above-described structure shall be installed and main- tained 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. Upon notification in writing by the City Engineer, the above- described installation shall be abandoned, removed or relocated by the owner. 4. 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 shali be binding on the assigns and successors of owner. Should owner or his/her successors fail to remove or relocate the installation herein permitted within thirty (30) days after notice of removal or relocation, City may cause such removal or relocation to be done and the cost thereof shall be a lien upon said land. B APPROVED AS TO FORM: %& LES EVANS, CITY ENGINEER 1649 -_ LOT 91 CT 76-3 PLAN NO SCALE