HomeMy WebLinkAboutPR 4.38; Carole's Fresh Cut Flowers; 1991-0159664; Encroachment Agreement.
RECORDING REQUESTED BY LL $13 AND WHEN RECORDED MAIL TO: f f.
City ClerkFs.Office City of Car&bad
12QO Elm Avenue Carlsbad, CA 92008
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ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
In accordance with the provisions of Section 11.04.090 of the Carlsbad Municipal Code, the undersigned, the owner of Carole's Fresh Cut Flowers 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:
Located at 2802 Carlsbad Boullevard (AsSessor's Parcel No. 203- 173-01) for the use and benefit of owner's property, over, and across public right of way in Christiansen Way 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 sole 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 binding on the assigns and successors of Owner.
4) Owner agrees to remove structure upon order from the City. - CAROLE'S l?R3iXB CUT FLOWERS
ATTEST
Aletha L. Rautenkranz, City Clerk
APPROVED AS JP%,FORM:
City Attorney
AGREEMENTS/AG-ll.FRM
BY
Kay
STATE OF CALIFORNIA
COUNTY OF San Diego
On February 7, 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared Kay F. Christiksen ,
personally known to me or proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls
subscribed to the within instrument and acknowledged that executed the same.
(Seal 1
otary Public’s Signature)
023200 S-82* 25 PS Individual Notarial Acknowledgment
1940 -- ,
. PLAT OF PROJECT
-m 7
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CHRISTIANSEN WY REDWOOD DECK
6” ABOVE SIDE WALK A.C. BERM
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12’ 12’
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P
4
1 I 1 \ , SCALE 1:30
‘ROJECT NAME
CAROLE’S FRESH CUT FLOWERS
2802 CARLSBAD BLVD.