HomeMy WebLinkAboutPR 04-03; San Diego, County of; 2004-0493947; Encroachment AgreementDOC # 2004-0493947
MAY 279 2004 4:53 FNi
OFFICIOL RECORDS SAN DIEGO COUNTY RECORDER IS OFFICE GREGORY J. SP1ITH3 COUNTY REC(HER FEES: 0.00
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: . NA
PROJECT NO. & NAME: PRO40003
MONITORING WELL
RIGHT-OF-WAY PERMIT NO.: RW 040016
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and COUNTY OF SAN DIEGO ("Applicant"), in accordance
with Chapter 11.1 6 of the Carlsbad Municipal Code.
1. The Easement. City currently owns an existing easement over, under, and
across Corte Del Cedro for public road and utility purposes as depicted in Exhibit "C".
2. The Encroachment. City hereby covenants and agrees and grants its permission
to Applicant to allow a monitoring well to remain in a portion of Corte Del Cedro. 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:
The encroachment shall be installed and maintained in a safe and
sanitary condition at the sole cost, risk, and responsibility of the
Applicant and its successors in interest.
The Applicant 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.
The Applicant 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 property.
Whatever rights and obligations were acquired by the City with respect to
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MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
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 Aqreement. 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 Applicant:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
San Diego County
Department of Public Works,
Landfill Management
5201 Ruffin Rd, Suite D
MS 0383
San Diego CA 921 23
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 Applicant shall
not constitute a waiver of any other default by Applicant and shall not be deemed a waiver or
render unnecessary City's consent for approval to any subsequent act by Applicant. 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 Assigns. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and
assigns.
MASTERS/FORMS/ENCROACHMENT AGREEMENT 2 REV. 12/24/97
8. Capacity. Each party represents that the person(s) executing this Agreement on
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this /7rd day of M#r ,20,4f .
APPLICANT
County of San Diego
CITY OF CARLSBAD
.
By: YL~Q- UL\\Qn By: w&
Chandra Wallar fed LLOYD B. KJBBS, FE.
City Engineer
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Y City morney
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MASTERSJFORMSENCROACHMENT AGREEMENT REV. 12/24i97
TY
PROPOSED MONITOR WELL CORE DEL CEDRO
CARLSBAD, CALIFORNIA
LINE
FIGURE NO. 2
PROJECT NO. SC0230
DATE: NOVEMBER 2003
40 20 0 40
SCALE IN FEET
LEGEND + PROPOSEDMONITOR WELL
-10" ACP- WATE~ UNE (mtianc
CLAY PIPE)
-8"PVC- SEWR UNE(P0LY HNYL
CHLornDE)
.. '.
State of California )
)
County of San Diego )
On skloJ before me,
(Date) (Name, Title of Officer) * J
personally appeared I
(Name[s] of Signer[s])
personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) idare 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
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
MASTERSIFORMSIENCROACHMENT AGREEMENT
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