HomeMy WebLinkAboutCT 76-10; EFFINGER, W.R.; 0; Encroachment Agreement-RECORDING REQUESTED BY
ANP/T-THEN RECORDED MAIL
City Engineer
City of Carlsbad
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 Lot 227 of Map 8379, filed in
the office of the County Recorder September 14, 1976, 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
Perenne Place
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) 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 12 foot gate in the proposed
fence for courtyard access from Perenne Place, adequate interior clearance
for emergency access, and, if required, special interim hydrant placement.
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 pro-
posed lots fronting on Perenne Place or its tributary streets shall be
permitted until the encroachment is removed br 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) An agreement or letter of permission from the owner of Lot 226 of
Map No. 8379, acknowledging the encroachment plan as it affects that lot
for the duration of the permit, shall be provided prior to construction.
8) This agreement shall remain in full force and effect for a period
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 ex-
piration of the permit.
9) 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.
ATTEST:
NORA Kr GARDINER
Deputy City Clerk
APPROVED AS TO FORM
CITY OF CARLSBAD
By
ROBERT C. FRAZEE, Mayor
VINCENT F. BIONDO,
City Attorney
u
Corporation Acknowledgment
STATE OF CALIFORNIA
COUNTY OF
On
ss.
19.77
for said County anr£state, personally appeared bis
Known to me to be the /XX-Xf^^C- President, and
iefore-me, the,iindersigned, a otary Public in and
Known to me to be the_.Secretary of the corporation that executed the within instru-
ment, and Known to me to be the persons who executed the within instrument on behalf of the corporation
therein named, and aCKnowledged to me that sucti corporation executed the within instrument pursuant
to its By-Laws or a Resolution of its Board of Directors.
WITNESS my hand and official seal.
Notary Public in and for said County and State
OFFICIAL SEAL
RS. HOLLANDER
MTW PUBLIC-CALIFORNIA
SAN DIEGO COUNTYMy Comm. Expires Dec 16,1977
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