HomeMy WebLinkAboutPR 4.32; Periano, Anthony; 90-372407; Encroachment Agreement” - 226; 7 90-372407
. ‘RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
1 City Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92008 f r’ ~~~~~~~~~~~~ f
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ENCROACHMENT AGREEMENT
FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
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In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code,
the undersigned, the owner of Lot 7 of Map 3955, Belladonna Heights, Unit No. 1 in the City of
Carlsbad, County of San Diego, State of California, in consideration of the grant of permission
by the City of Carlsbad to install and maintain an encroachment structure as described and
shown on the plat attached:
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.
,
Located 2105 Basswood Avenue, (Assessor’s Parcel No. 205-l 60-23) for the use and benefit of
owner’s property, over, and across public right of way in Basswood Avenue covenants and
agrees with the City of Carlsbad, as follows:
1) The above described structure shall be installed and maintained in a safe condition
at the soie cost, risk and responsibility of Owner and successor in interest, who shall hold the
City harmless with respect to City owned facilities,
2) Whatever rights and obligations were acquired by the City with respect to the
public right of way shall remain and continue in full force and effect and shall in no way be
affected by the City’s grant of permission to construct and maintain the encroachment structure.
3) This agreement is made for the direct benefit of Owner’s land above described and
the covenants and conditions herein contained shall run with said land shall be bin
assigns and successors of Owner.
4) Owner agrees to remove structure upon order from the City.
ATTEST:
I
BY
ANTHONY PEFUINO I
I
APPROVED AS TO FORM:
City Attorney
(Notarial acknowledgement of execution by Owner must be attached.)
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e, the undersigned, a Notary Public in and for
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5 @ personally known to me (or proved to me on the basis of
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2 satisfactory evidence) to be the person(s) whose name(s)
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8 is/are subscribed to the within instrument and
2 acknowledged to me that he/she/they executed the same.
WITNESS my hand and official seal.
Signature
OFFlClAL SEAL
JOAN SOLKA
NOTARY PUBLIC. CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Cammcmn Exp. July 2. 1991
(This area for of
PFSG
2269
J-- I PLAT OF PROJECT .
R
c-- EXISTING
16” RETAINING WALL
EXISTING DRIVEWAY
BASSWOOD AVE. & - C
ABOVE GROUND ENCROACHMENT
AT 2105 BASSWOOD AVE.