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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 1 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 wwW (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 Ill Ill Ill Ill I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/S’ . . 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