HomeMy WebLinkAboutPR 4.43; Kelso, Kevin & Anna Marie; 1992-0188922; Encroachment Agreementr -
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RECORDING REQUESTED BY AND WHEN RECORDED MAIL
City Engineer City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92008
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;K # 19924188922 #2-APR-1992 10:58 All
OFFICIAL RECORDS SAH DIEGO COUNTY RECORDER’S OFFICE LHNETTE EU;N;; COUN;;E;ECORDER
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ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT
This ENCROACHMENT AGREEMENT (llAgreementll) is entered into between the CITY OF CARLSBAD ("City") and Kevin D. Kelso and Anna Marie Kelso, ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code.
1. The Property. Owner is the owner of that certain real property located at 3350 Ridgecrest Drive, within the City of Carlsbad, San Diego County, California, Assessorls Parcel Number 167-051-11, and more particularly described in Exhibit 'IA" I attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing easement over, under, and across Owner's property for drainage which easement is described in Exhibit 11 BII attached hereto and incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to maintain an existing retaining wall within the public drainage easements. A plat showing the location of the encroachment is attached as Exhibit "CW 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 an d 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.
(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 property.
REV 6/b/91 AGREEMENTWAG-llB.FRH 1
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(D) Whatever rights and obligations were acquired 1 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 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 of Carlsbad Mr. and Mrs. Kevin Kelso 2075 Las Palmas Drive 3350 Ridgecrest Drive Carlsbad, CA 92009-4859 Carlsbad, CA 92008
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.
AGREEMENTS/AG-llB.FRW REV 6/4/91
8. Canacitv. 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 WBE Agreement on this
ATTEST
this parties hereto have executed this day of Spdtembef I 19 91 .
BY:
ALETBA L. RAUTENKRANZ K&in D. $elso City Clerk
Anna Marie Kelso
APPROVED AS TO FORM: CI
BY VINCENT F. BIOND;), JR. City Attorney Mayor
AGREEMENTS/AG-llB.FRM REV 6/4/91
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EXHIBIT “A”
PROPERTY DESCRIPTION
Lot 38 of SEACREST ESTATES, UNIT NO. 1, in the City
of Carlsbad, County of San Diego, State of California,
according to map thereof No. 3906, filed in the Office of
the County Recorder of San Diego County, June 10, 1958;
together with that portion of Lot 9 of Carlsbad Tract No.
83-20, RISING GLEN, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof
No. 11578, filed in the Office of the County Recorder of
San Diego County, July 29, 1986, lying southwesterly of
the location and southeasterly prolongation of that course
in the southwesterly line of said Lot 9, bearing North
34-48-40 West, 100.00 feet.
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EXHIBIT “B”
EASEMENT DESCRIPTION
The approximately 19 foot wide strip of land for Public
Drainage Easement lying adjacent to the southerly line
of Lot 38 of SEACREST ESTATES, UNIT NO. 1, in the
City of Carlsbad, State of California, according to Map
thereof No. 3906, filed in the office of the County
Recorder June 10, 1958; originally recorded as adjacent
to a portion of the southwesterly line of Lot 9 of Carlsbad
Tract No. 83-20, RISING GLEN, in the City of Carlsbad,
State of California, according to map thereof No. 11578,
filed in the Office of the County Recorder July 29, 1986.
< PLAT OF PROJECT
NTS
CENTERLINE 12’
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . . . . . . . . . . , . . . DRAINAGE EASEMENT . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROJECT NAME ABOVE GROUND ENCROACHMENT PROJECT EXHIBIT
NUMBER FOR 3350 RIDGECREST DRIVE PR 4.43 C
4WN By: SCOTT EVANS. CARLSBAD WCINEERINC DEPT. 12/16/91