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HomeMy WebLinkAboutPR 4.50; Spring, Robert and Kathy; 1992-0159870; Encroachment Agreementl 583 23-f%?H--lPP2 01=58 FT! RECORDING REQUESTED BY 1 FJFFIrJPl Rp-q@S ,L /I LLC AND WHEN RECORDED MAIL TO: City Clerk i S&q DIE@ [OiiHTY REC@'fiER'S @-FICE fi$flETTE EULj$j T [ij#TY [;E;ORDE$ @: e. $0 FEES: 20. cl{ City of Carlsbad li.l:C 1200 Carlsbad Village Dr ; ;;i LOO Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT between the is entered into er 11.16 of the t certain real the city of crx&&i by reference. " ; 1 r;.:. c * l(i - '( City her&& coven&nts:'&'agrees and wner, to con$ruct ,s“.i:! 'b$@$ retaining easem@k;~'% plat ,~~~W~~ tie location ached 8s gxhibit WE.&3&Wd hereto and incorpordt~e'c%;~',b~ “reference. This Agree?+ ~fai; subject to the ~: _“ (B) The Owner 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 Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after AGREEMENTS/AC-llB.FRM 1 REV 6/4/91 , La, II - 584 - I 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 shall remain and continue in full force and effect and shall in no way be affected by City's grant of permis,s&on to,,construct and maintain 4. aareement j ,: ),, ,' i~i,-: 3'&hy ,~~~~~~~~~~~~~h,' is &@&&a a& may be gi ',thTajy: ;&greemene' &$&I be sent $.n writhing by Uni ;"i+$;#,rs~-class, postage pre-paid, re&sEa$?&$or certif reW8pt requested, or ,&&$g&&ed ~-:&s fo~'~'&&:~ by other OomparabWcommerc 0 ire ter or r. ven ted ied ial )( ‘, ‘, i If to ‘the Owxer: “‘L”? 'RobertA. Spring a$& &&thy'N;,:.Spring 1750 '&as&rood Avenue CarJsbad, CA 93OQ8 ?'( '(( : l;i )' 3 I '( : : )_ i_ 1: : 0' : li, /Ij,l li r)- EKchlli'l';~~ime TV :~~m~ bY providinq notice t~'~~~~~~~~~-pa~y in the m&hner descr$b&$J z@cu"e.- i, ,, ,-A- .,O( va%',',"of any act or aiver of any other default by 'Waiver or render unnecessary subsequent act by be in writing and ncerning the same or 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. AGRiEMENTS/AG-llB.FRM REV 6/4/91 . . . . . 585 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 2and day of F&VJ~~TY / , 19 92. ATTEST BY: AGRiEMENTS/AG-11B.FRM REV 6/4/91 - STATE Of CALIFORNIA COUNTY OF sm -b/&a On sll I&?% before me, Notary Public, personally appeared . iibbc?r~ h. f$@-inG) CEO& kh& M. i-f494 . personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) &/are subscribed to the within instrument and acknowledged to me that M&e/they executed the same in -r/their authorized capacity(ies), and that by biMer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OFFICIAL SEAL LEIGH B. CARLSON WITNESS my hand and official seal. NOTARY PUELIC-CALIFORNIA PRINCIPAL OFFICE IN SAM OIEGO COUNTY My Commwan Expwes Sept 27 1994 Signature SF-9474-S (Rev A. 1 l/90) (CA) 586 LEGAL DESCRIPTION Lot 12 of PARADISE ESTATES UNIT NO. 1 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3691, filed in the Office of the County Recorder of San Diego County, August 16,1957. EXHIBIT “A” . ..‘I .‘.. ~ .A 587 LEGAL DESCRIPTION OF EASEMENT The 6’ strip of land along the westerly property line of Lot 12 for the purpose of Public Utility Easement, of PARADISE ESTATES, UNIT. NO. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3691, filed in the Office of the County Recorder of San Diego County, August 16, 1957. EXHIBIT “B” 588 - \b - PLAT OF PROJECT s F ? ul 3 BROW DITCH VALLEY STREET 12’ PUBLIC UTILITIES EASEMENT ------ - -- - --__--__---_----_---__ RETAINING WALL WlTH 3’ GUARD RAIL ANDEAS;EN EXIST. 5’ HIGH PROPERTY RETAINING WALL WOOD FENCE RUNS LENGTH OF PROPERTY SPRING PROPERTY Lo-r 12 PRoJECT NAME ABOVE GROUND ENCROACHMENT ‘N”u”M”BEE”RT EXH’B’T FOR 1750 BASSWOOD AVE. PR 4.50 C DRAWN By: SCOH EVANS. CAR&EM ENGINEERING DEPT. 2/l 5/92