HomeMy WebLinkAboutCT 99-04; Center For Natural Lands Management Inc; 2002-0716901; Encroachment AgreementRECORDING REQUESTED BY
WHEN RECORDED MAILTO
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
FlUG 23s 2002 4-07 PPI
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR’S PARCEL NO.: 223-050-49-00
PROJECT NO. 8 NAME: CT 99-04, PR 02-070
Cadencia I Box Canyon Fence
RIGHT-OF-WAY PERMIT NO.: RW 020151
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between
the CITY OF CARLSBAD (“City”) and Center for Natural Lands Management, Inc., (“Owner“), in
accordance with Chapter 11.16 of the Carlsbad Municipal Code.
west side of Cadencia Street, within the City of Carlsbad, San Diego County, California,
1. The Prooerty. Owner is the owner of that certain real property located along the
Assessor’s Parcel Number 223-050-49-00, and more particularly described as Lots 234, 239,
and 240 of City of Carlsbad Tract 99-04-01, in the City of Carlsbad, County of San Diego, State
of California, according to map thereof No. 14379, filed in the Office of the County Recorder of
said San Diego County on April 29, 2002.
across Owner’s property for public street purposes as dedicated on Map No. 7779, recorded
2. The Easement. City currently owns an existing easement over, under, and
October 23, 1973 and as dedicated on Map No. 7950, recorded June 3, 1974 both in the Office
of the County Recorder of San Diego, State of California and incorporated herein by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission
to Owner to allow an 8 fence to remain in a portion of the public easement. A plat showing the
location of the encroachment is attached as Exhibit “C“ attached hereto and incorporated by
reference. This Agreement is 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
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or expense arising out of (1) loss or damages to property and (2) injury
to or death of persons.
The Owner must remove or relocate any part of the encroachment within
thirty (30) days or such other time as specified in the notice after receipt
of 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
property.
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.
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 written, between the parties with respect to the subject matter.
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre-paid,
registered or certified with return receipt requested, or by other comparable commercial means
and addressed as follows:
If to the City: If to the Owner:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad, CA 92008
Center for Natural Lands Management, Inc.
425 E. Alvarado Street, Suite h
Fallbrook, CA 92028-2906
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
constitute a waiver of any other default by Owner and shall not be deemed a waiver or render 6. Waiver. City's consent to or approval of any act or omission by Owner shall not
unnecessary City's consent for approval to any subsequent act by Owner. Any waiver by City
Df any default must be in writing and shall not be a waiver of any other default concerning the
same or any other provision of the Agreement.
7. Successors and Assians. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and
assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to
the property, but any failure to do so does not invalidate this provision.
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8. Capacity. Each party represents that the person@) executing this Agreement on
behalf of such party have the authority to execute this Agreement and by such signatureb)
thereby bind such party.
APPROVED AS TO FORM:
RONALD R. BALL
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State of California 1 1 County of San Diego 1
personally appeared I; hc WI “e VEA
(Name[s] of Sidner[s])
7 - OR- (or proved to me on the basis of satisfactory evidence) to be
the person@ whose name@ is/= subscribed to the within instrument and acknowledged to
me that Re/she/tkey executed the same in kis/her/tkeiF authorized capacity(*, and that by
kis/her/W signature(+) on the instrument the person@, or entity upon behalf of which the 1 person(@ acted, executed the instrument
WITNESS my hand and official seal
r-
Signal ture of Notary \
(This area for
official notary seal)
Date of Document
Signer(s) other tha
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