HomeMy WebLinkAboutCT 89-38; Costa Palmas LP; 1998-0568936; Encroachment AgreementDOG --? 1998-0568936
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
1659 SEP 08s 1998 12:54 PH
OFFICIAL REm SAN DIEGO CllW RECDRKR ‘S FFICE GaGa f!$ITH~ cuut&REcRRDER : .
llllRAllllllyyylu 1696-0566636
I
215-330-36 & 37
“( 1 L ‘,
/,:_ Tii i.,,‘ii.,i~i,an!ilk*,* r i ,,& S$‘l * ; L_L_, ‘1 i ) 11 : r:g i&z i & ‘1. 1 (” ‘, 1 ( I,%<~~ (:(.(( (‘/: ,,) .i ENCROACHMENT AGREEMENT;, (:’ ‘-” ‘: I’- ji 1 GE: *, ,) . This E~~~~ I:$ -:I i,/:u’;:l Jc, ENf ’ A~~~~~~~:i’“~~~~~~~~n~) is ‘.~enter&-,A.~&to between
the CITY OF CA~L&#& (“City”) and Costa Palmas, L.P., a Califop$a’~%rW# partnership (“Owner”), in acc&&&&vith Chapter 11 .I6 of the Carlsbad Municipal C&e.
incorporated herein @ _, ,(I ‘~( ~:I,(
2. j ‘ ~,j ‘Ij I~, ~1 ‘f ‘$,:;j;~ $,, :, Th&i@$!$##@#; -) City currently &hs an existing,il~ah5et~~l~~~~er, under, and
across Owner’s pro$$@ for ‘drainage and general utility a& acces@&hich easement is
described in Exhibit “B”‘attached~he&$o and incorporated by ieference.
3.
to Owner to allow
general utility
attached as Exhibit “c”
subject to the following terms and conditions:
(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
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hWSTERS/FORMS/ENCROACHMENT AGREEMENT
1.~ .e REv”z24/97 d4L9
I.660
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
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(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 the subject matter.
5. iven pursuant to this
Agreement ss, postage pre-paid, registered or certified with return roceiptreqw&Hed, or by other bie commercial means
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I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/S’
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8. Each party represents that the person(s) executing this Agreement on Capacitv. behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITNES WHEREOF, this parties hereto have executed this Agreement on this
27& dayof #%fG~~7 ,19’?2.
I SRAl3 OWNER CITY OF CAR,,,. .- Costa Palmas, L.P.,
APPROVS3 T -$J!fjORM: : i :‘*‘%3v~J ~w;&q: :x +I,( ;.i RONALD @@)&&d-
City Attorn@j# jf!, , ‘;‘f j:
L (3 *ii; && 3,&j& : ,,; j ‘%. (: _> E al‘L ‘$;#i’ ‘./ L(;(~ i ~(> 1, ,, y’i‘i”‘” ,L Li ”
(( ~ 0 -,
By: “
I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12l24l97
1662
EXHIBIT “A”
Lots 6, 7, and 13 inclusive of Carlsbad Tract 89-38, in the City of Carlsbad,
County of San Diego, State of California, according to Map thereof No. 13231,
filed in the Office of the County Recorder of San Diego County, on August 29,
1995.
1663
EXHIBIT “B”
A 10’ drainage easement granted to the City of Carlsbad, as shown on La Costa
Meadows unit # 2, in the City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 6905, filed in the Office of the County
Recorder of San Diego, on April 21, 1971, and an additional 5’ drainage
easement and general utility and access easement, granted to the City of
Carlsbad, as shown on Carlsbad Tract CT89-38, in the City of Carlsbad, County
of San Diego, State of California according to Map thereof No. 13231, filed in
the Office of the County Recorder of San Diego County, on August 29, 1995.
P
v . 1664 s
LOCATION MAP
AREA OF ENCROACHMENT
PROPOSED RETAINING WA1 1
EXIST. 70’ DRAINAGE
EASEMENT PER
DRAINAGE EASEMENT
PER MAP 73237
NOT JO SCALE
PROJECT NAME COSTA PALMAS
W LW SCOTT EVANS. CARLSEAD ENGINEERING DEPT
PROJECT EXHIBIT
NUMBER PR 4.94 C
1665
State of California
County of San Diego 1
On %/a(7 g before me, he I)&@@ , D6&v p 1 b6fC ,
(Date) (Name, Title of Officer)
personally appeared 6)3 NPJA I (Name[s] df Signer[s])
personally known to me - OR-
the person@ whose name
&F,.& of satisfactory evidence) to be
me that @she/they
!!3J i er/their signatu&
’ i : 3: ic- person(dacted, ‘~~~‘C0t~~;l~~instrument.
and that by
‘.
fty h,pon &half of which the “ ‘3,‘ ::g:,: ii$$$~, ‘,‘:q %I Ms c+ S,‘,
WITNESS my hand ‘arid Mficial seal
‘I ’ I‘, :,p i i ,&::::“p ,, ,%,l ‘ii .L,~ i!“, jl’iii i ! I? i j i ‘?~:‘:,.i 1 :
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97