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Home My WebLink AboutPR 00-121; Blassingame, Wayne & Carol; 2001-0005293; Encroachment AgreementDOE Ii 2001-0005293 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 3&w 04. 20Q1 9=48 fwl OFFICIAC K’CNDS SAN DIEM COUNTY RECURDER’S OFFICE GREGORY iEblITH, ~~~~~R : . SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 215-600-37-00 PROJECT NO. & NAME: PR 00-121 Blassinaame Residence RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and Wayne and Carol Blassingame (“Owner”), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code. 1. Owner is the owner of that certain real property located at 7237 The Property. Sanderling Ct., within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 215-600-37-00, and more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner’s property for public right of way which easement is described in Exhibit “B” attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow two lion statues to remain in a portion of the public right of way 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 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. 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12124197 ’ , . . (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 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 wperty. (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 Agreement. 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 2075 Las Palmas Drive Carlsbad CA 92009-4859 Wayne and Carol Blassingame 7237 Sanderling Ct. Carlsbad CA 92009 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. City’s consent to or approval of any act or omission by Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City’s consent for approval to any subsequent act by Owner. Any waiver by City of 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 Assions. 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. MASTERSIFORhWENCROACHMENT AGREEMENT REV. 12/24/97 . . . . - - 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 WITN S WHEREOF, this parties hereto have executed this Agreement on this /sh day of )ilsecernkeK ,20 00 . ObNERS CITY OF CARLSBAD , . . By: w j+-$-$ FUN LLOYD B-. HUBBg, P.E. Wayne Blassingame Print Name Above City Engineer By: .e,/%& ; -* (Sign Name Abo Carol Blassingame (Print Name Above) APPROVED AS TO FORM: RONALD R. BALL City Attorn% 3 I MASTERS/FORMS/ENCROACHMENTAGREEMENT REV. Q/24/97 State of California County of San Diego ) On /d-~~-oO before me, en iGIM/)? (Date) personally appeared &o 1 n/clrS X personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Vh ENJAhtlN BEARD Commlssfon I 1143505 NotayPublic-cdlfomb -Diegocarnty official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages . *.. , Loan b&MnS: WAYNE BLASSINGAME LOAN NO.: 1084884 Property Address: 7237 SANDERUNG COURT, CARLSBAD. CA 92009 EXHIBIT “A” THE LAND REFERRED TO h-IN IS S~'i'Ui4TE-D LN THE STATE OF 'Z.%ZFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRZBED As FOLLOWS: PARCEL 10 OF pARCEL.w No. 17926, mm Cm OF a@iRLSBm, Corn OF ShN DIEGO, STATE OF CALIFORNIA, FILED 13 T53.E OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 26, 1997 AS FILE NO. 1997- 0540377 OF OFFICIAL RECORDS. EXCEPTING TSERSFROM ALL OIL, OIL RIGHTS, M-S, MINERAL RIGhTaS, .NATURX, GA9, NA- GAS RIGIITS, AND oTHE;R HYDROCARBONS BY WHATSOEVER NAP'S ICNOWN, GEOTEEtRMAL STEAM AND AL& P.RODUCTS DERIVED FROM ANY OF 'ITIF, FOREGOING, THAT MAY BE WITEIN OR UNDER TEE PROPERTY, TOGETHER WITII THE PBRPSTUALJ RIGHT OF DRILLING, MINING, EXPLORING, AND OPE;WTTNG THEREFOR, AND STORING IN AND REMOVIZ TItE SAME FROM THE PROPERTY OR ANY OTHER L&ND, IXCLUDING Tm RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE FROM LANDS OTHZR TEZZ TIiL" PROPERTY OIL AND GAS WELLS, TUNNEU hEllI SHAFTS INTO TEROUGX OR ACXOSS THE SUBSURFACE OF TXE PROPERTY, AND TO BOTTO3f SVCW WlZIXT0CKE.D OR DIRECTIONAUY DRILLa WLLS, TUNNELS AND SHAFTS UNDER AND SENEATX OR BEYOND TZii EX?EiRiOR LIMITS THEREOF, AND TO REDRILL, RLi-, BQUIP, MAINTAIN, REPAXX, DEEPEN AND OPERATE ANY SUOS Wc;LLS OR MINES WITHOUT, HOWEVER, TKE BIGXT TO ENTER UE'ON, R3MOVE, WHI?STGCK, DI-RXTIONULY DRZLL, DRILL, MILVZ, STORB, EXPLORE OR OPERATE THROUGZZ THZ SURFhCK' OR Tlii U?PER FIVE HUNDRED (500) FEET OF TKE SUBsURFACE OF ?RE PROPERTY, AS RESERVED IN DEED RECORDED JULY 25, 1359 -35 FILE x0. 89-390111OF OFFICIAL =CORDS. LENDER SUPPORT SYSTEMS INC. EX-A.FRM tO3/981 . . I.- . EXHIBIT B 56 FOOT WIDE PUBLIC RIGHT OF WAY PER CITY OF CARLSBAD TRACT 85-35 PARCEL MAP 12411 SANDERLING CT. 10 v --- RIGHT-OF-WAY , _ ---_----- --- I AREAOF / ENCROACHMENT I - I I L \’ ‘ \ DhUEtiAG < c , , ‘ I L L ‘ ’ -,< ’ 5 I L c --II SCALE I" = 20' HOUSE r PROPERN LINE I I I I I I I I I I I I I I ‘9 !3 ik 6 1% IE I I I I I I I I I I I I I _------ ---------- A