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Home My WebLink AboutPR 4.59; Wieland, Keith; 1992-0668096; Encroachment Agreement- 696 , RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 1 7.t 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY This ENCROACHMENT A~~~~‘ (~lAgreement~t) is entered intc between the CITY 'CARI&Z&D (:@C%tyl') and Keith Wieland, (llUwnertl), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Pro~&@rtv Okwr is the owner of that certain real property locat& at390k Skyline Road, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 207-063-16, and more particularly described in Exhibit "Air, attached hereto and incorporate& herein by reference. 2, Phe IWsement. City 'currently owns an existtng easement over, under, and across Owner's property for public'street and utility purposes. 3, -:i 2h 8 Encroachment. g ::i: City hereby covenants andagrees and grants its permission to Owner to maintain a 24"" higti masonry block wall in the street easement. A plat showing the location of the encroachment is attached as Exhibit *'Ctl attached hereto and incorporated by reference. This Agreement is subject following terms and conditions: (A) The encroachment shall be installed and .~~~~t~~~~~d~~~~~~~ safe and sa;niEary condition at the sole cust, ris&, and responsibility of the owner iand its successors in interest. (B) The, Owner, @%@l,,.lag~ee ,at' all times to indemnify and &olB the Csktiy 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. AGREEMEWTS/AG-llA.FRM 1 to the REV 6/S/91 . . 6 9’7 A (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 nutice which is required or may be given pursuant to this'Agreement shall be sent in writing by United States mail, first class, postage pke-paid, registered or certified with return r&x&t requested, or by other comparable commercial means and addressed as follows: If to tl%4% cfty~ If to the Owner: City of Carlsbixd Keith Wieland 2075 Las Palmas Drive 3906 Skv~ine Road Carlsbad, CA 92009-4859 Carlsbad, CA 92008 s; ,S’ which &&Iressss may be changed from time to time- byiiproviding notice to the other party in the manner described abovk. 6. Waiv~‘r* Ciky'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 af any other default concerning the same or any other provision of the Agreement. 7. Succes@ors 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/AC-llA.FRM 2 REV 6/S/91 698 a. 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 13th day of October * 19 92 . ATTEST BY: City Attorney ', ' . Mayor ,- _. i," 1- (,'r,:: :., :' : _li_ ') , '- i * ',,' ,:) '( _ ,,-: _ ; _ ,, 3: ': i c P AGREEMENTWAG-llA.FRM 3 August 31, 1992 jlJJ STATE OF c- ,OfZMi 1 COUNTY OF &&q--j& ) ss. before me erson($) whose name( he within instrument and acknowledged to me that he/@&z m executed the same. WITNESS my hand and officical seal. Signature 699 EXHIBIT "A" LOT 11 OF CARLSBAD HIGHLANDS FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER APRIL 18, 1956 EXCEPTING THEREFROM THE NORTHEASTERLY 135 FEET THEREOF, SAID NORTHEASTERLY 135 FEET BEING MEASURED ALONG THE NORTHERLY AND SOUTHERLY LINE OF SAID LOT. AGREEMENTWAG-llA.FRkl REV 6/S/91 n a 0 [r LLI z Ii 5 co . ALDER STREET 30.4' 31' 28' 45' 4 -4 < > c ;f;lG;AK DRIVEWAY r EXISTING RESIDENCE NOT TO SCALE PROJECT NAME PROJECT EXHIBIT WIELAND RESIDENCE I I NUMBER PR 4.59 C AWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. n -- ---- .