HomeMy WebLinkAboutPR 4.57; Windrum, George & Rita; 1992-0370337; Encroachment AgreementI
RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008
OFFICIAl Sbti DIEGO COUNTY
f,HHETTE E'JANS, &WIII KCLAUWLF~
iiF: 9.130 FEES:
AF: 1!.00 $: 1.00
RECORDS -RECOKlER’S OFFICE
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ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
This ENCROAC ("AgreeBent") is entered into between the CITY y") and Gourge Windrum and Rita Windrum, (ItOwner'*) , in accorclance with Chapter 11.16 of the Carlsbad Municipal Code.
1. Owner is the owner of that certain real property 1 5 Home Avenue, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-201- 1200, and more particularly described in Exhibit ~~A*', attached hereto and incorporated herein by reference.
2, Easement. City currently owns an exist2nig easement over, under, and across Owner's property for street purposes which easement is described in Exhibit IIBll attached hereto and incorporated by reference.
grant:* it td City hereby covenants and'agrees and Owner to maintain patio area and landscaping adjacent to side yard in the public right of way. A plat showing the location of the encroachment is attached as Exhibit aC'r attached hereto and incorporated by reference. This Agreement is subject to,"the following terms and conditions:
(A) The encroachment &hall be installed and maintained in a safe and sanitary condition at the sole cost, risk, ati responsibility of the owner and ,its successors In hnterest.
(B) 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.
(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.
AGREEMENWAG-llA.FRH 1 REV 6/5/91
(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 replacers all other agreements, oral or written, between the part&@&s with respect to the subject matter.
5. Noticea Any notice which is required or may be given pursuant to this'Agreement shall be sent in writing by United States mail, fir&class, postagepre-paid, registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows:
If to thecirty? If to the Owner: City of GarLsbad Mr. & Mrs George Windrum 2075 Las Palms brive 4230 Clearview Drive Carlsbad, CA 92009-4859 Carlsbad, CA 92008
which 'k&keers&B may be changed from time to time by"' providing notice to the other party in the manner described abaw.
6. City's consent to or apprcrval of any act or omission & 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 Agremmnt.
7. Q This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, sue(ressors, 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/AC-llA.FRH 2 REV 6/5/91
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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 WHERE Agreement on this < 7% , this partie ereto have executed this day of I 19 j-5
ATTEST BY:
ALETBA L. RAUTBMRRAWZ City Clerk George Windrum, Owner -
Rita Windrum, Owner
RONALD R. BALL 1*3.9’2. Acting City Attorney- Mayor
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II AGREEMENTWAG-llA.FRM 3 REV 6/5/91
GENERAL ACKNOWLEDGMENT NO. 201
State of CAL\ d&J ,4 1 On this the 5 3-h day of 19$ L, before me, L% Lu, 1 SS.
County of SC-3 r&-, ,? po3e WI. &wq , .
the undersigned Notary Public, personally appeared
I OFFIGtAL SEAL
ROSE M. SPERRY
7L$ZZZT”
0 personally known to me
D/i;roved to me on the basis of satisfactory evidence
to be the perso@whose name@) 0 Ce _ subscribed to the
within instrument, and acknowledged that She-f executed it.
WITNESHhand and official seal.
7110 122 NATIONAL NOTARY ASSOCIATION l 23012 Ventura Blvd. l P.O. Box 4625 l Woodland Hills, CA 91364
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EXHIBIT “A”
LEGAL DESCRIPTION OF LOT
All of Lot 10 of SCHELL AND SITES ADDITION TO
CARLSBAD, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof
No. 2145, filed in the office of the County Recorder
of San Diego County, February 20, 1929. Excepting
therefrom the southwesterly 56 feet thereof.
EXHIBIT “B”
LEGAL DESCRIPTION OF EASEMENT
A 50’ easement for street purposes adjacent to the north-
east property line of Lot 10 of SCHELL AND SITES
ADDITION TO CARLSBAD, in the City of Carlsbad,
County of San Diego, State of California, according to
Map thereof No. 2145, filed in the office of the County
Recorder of San Diego County, February 20, 1929.
SIDEWALK II’
HOME AVE.
r
PRoJECT NAME ABOVE GROUND ENCROACHMENT PROJECT EXHIBIT
FOR 932 l/2 HOME AVE. NUMBER
PR 4.57 C I
YARD
..‘, ‘2: &3lT EVANS, CARLSBAD ENGINEERING DEPT. 5/7/92