HomeMy WebLinkAboutPR 4.46; Escano, Ray; 1992-0072897; Encroachment Agreement23 ~2 ti ~992-~07~897
II--FEE1992 10=3-T 9B
. RECORDING REQUESTED BY 1 gFFICIp,L RECClRDS
AND WHEN RECORDED MAIL TO:
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City of Carlsbad Al-: 9. on 1200 Carlsbad Village Drive Carlsbad, CA 92008 ) IF: !.CO /c;i/
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ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Ray Escano, ("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 5430 Carlsbad Boulevard, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-115-21, and more particularly described in Exhibit uA1l, attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing easement over, under, and across Owner's property for street purposes which easement is described in Exhibit II B'l attached hereto and incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to use a non standard (exposed aggregate finish) on the public right of way. A plat showing the location of the encroachment is attached as Exhibit "C'l attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions:
(A)
(B)
((3
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.
The Owner 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 Owner must remove or relocate at owners sole cost any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the
AGREEMENTS/AC-llA.FRM 1 REV 6/S/91
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 right-of-way and 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 Ray Escano 2075 Las Palmas Drive 800 Grand Ave., Suite A-l 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 Assians. 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.
AGREEMENTWAG-llA.FRR 2 REV 6/5/91
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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 2-S day of VM;BrBtZ , 19 91 .
ATTEST
City Clerk
AP OVED AS TO FORM: A
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RONALD R. BALL, Acting /* 2r.w.
City Attorney
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AGREEMENTS/AC-llA.FRM 3
Mayor
REV 6/5/91
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SlXm OF CALIFORNIA \
pemonally appeared
a Notary Public in and for said State,
,A - whose name- club.9cribed to the
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City Engineer
City of Carlsbad
2075 Las Palmas Drive
Carlsbad, CA 92009
RE : Encroachment Agreement
Prop. Add. : 5430 Carlsbad Blvd.
APN#: 210-115-21
EXHIBIT B
Easement.
The 18.5’ most westerly portion of Lot 121 of Terramar,
Unit No. 4, in the City of Carlsbad, County of San Diego,
State of California, according to Map thereof No. 3312, filed
in the Office of the County Recorder of San Diego County,
October 14, 1955.
A.K.A. - 5430 Carlsbad Boulevard
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PLAT OF PROJECT
CARLSBAD BLVD.
........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ........... ...........
AGGREGATE.:.:.: :.:.:.:.:.:.:.:.:.:.~.:.:.:.:.:.:.;.:,:.:.: DR[ VEWAY .‘.‘.~.‘.~~.~.~.~.~.~.~.~.~.~.~. . . . , * . . .
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EXISTING
2 STORY
HOUSE
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GARAGE
EXIST. ROLLED CURB ’
18.5’ \
WEXISTING
STREET
EASEMENT
PROJECT NAME ABOVE GROUND ENCROACHMENT ;y;;;; EXH’BlT
FOR 5430 CARLSBAD BLVD. I I PR 4.46 C