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Home My WebLink AboutPR 4.44; Johnson, Lynn & Daniel; 1991-0458596; Encroachment AgreementRECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: ; City Clerk City of Carlsbad ; 1200 Carlsbad Village Drive Carlsbad, CA 92008 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT . . a-- This ENCROACHMENT AGREEMENT (lfAgreement") is entered into \ '* between the CITY OF CARLSBAD (IICityl') and Lynn M. Johnson and ' $3 i, Daniel H. Johnson ("Owners"), in accordance with Chapter 11.16 of i }$ the Carlsbad Municipal Code. :‘J _? I 1 .y-" 1. The Pronertv. Owners is the owner of that certain real ' property located at 3471 Donna Drive, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 205-152-11, 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 Owners's property for public utility easement which easement is described in Exhibit IrBw attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owners to construct a six foot retaining wall within the public utility easement. A plat showing the. location of the encroachment is attached as Exhibit "CM 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 Owners 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. (C) The Owners must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after AGREEMENTS/AG-11A.FRU 1 REV 6/4/91 - - 1852 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. (D) Whatever rights and obligations were acquired by the City with respect to the easement 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 Owners: City of Carlsbad Mr. and Mrs Daniel H. Johnson 2075 Las Palmas Drive 3471 Donna 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 Owners shall not constitute a waiver of any other default by Owners and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owners. 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. Owners 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. AGREEMENTWAG-llA.FRM REV 6/4/91 8. CaDacitv. 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. Agreement on this ATTEST City Clerk Mayor AGREEMENTWAG-llA.FRR REV 6/4/91 State of C&/b/d/A ) On this the lb* day of 192, before me, 5/w /3rF,Lo 1 ss. County of L- %mf , the undersigned Notary Public, personally appeared OFFlClAL SEAL ooNAlDLsMlTH Notary Fublk-Collfornla SAN DlEGO COUNTY cytimz )!A. -.pmJsud A-A~ bw,EL r4- &Jhmd, $I personally known to me to be the person(s) whose name(s) within instrument, and acknowledged that WITNESS my hand and official subscribed to the 7-7-+ executed it. Notary’s Signature / GENERAL ACKNOWLEDGMENT FORM 7110052 NATIONAL NOTARY ASSOCIATION l 23012 Ventura md. l Woodland Hills, CA 91364 - h 1854 LEGAL DESCRIPTION Lot 53 of CARLSBAD GARDENS UNIT NO. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4051, filed in the Office of the County Recorder of said San Diego County, January 8,1959. EXHIBIT “A” 1855 LEGAL DESCRIPTION That portion of a 12 foot wide public utility easement, the centerline of which follows the westerly boundary of Lot 53 of CARLSBAD GARDENS UNIT NO. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4051, filed in the Office of the County Recorder of said San Diego County, January 8, 1959. EXHIBIT “B” __._ -._ ~~_ .i-- -._______-- ----~-.-.~.~ -~-. --. .-.-- -- - ? 1856 RETAiNlNG / ,, ‘. 12’ c 4 ,,A I,.:-- A’ 1’ ‘ROJECT NAEvlE ABOVE GROUND ENCROACHMENT FOR 3471 DONNA DRIVE \,“,N BY: SCOTT EVANS, CARLSEAD ENGINEERING DEPT. 7,‘18/91