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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 1 f < k MODELS A^i ENCROACMMBNT. .PLAT . rtr- <7s7-7 M/vP WO. RX751