HomeMy WebLinkAboutPR 4.61; Ede, Raymond & Dorothy; 1992-0700543; Encroachment Agreement- 1995 - DOC # 1992-0700543 f.Q-New-1992 03=59 WI RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: ; OFFICIAL RECORDS
City Clerk ) 1 / SclN DIEGO COUNTY RECORDER’S OFFICE
City of Carlsbad ; '. ANNETTE EUfJN$ COUN~~C~ECORDER
$1
* : 17.0 1200 Carlsbad Village Drive d 9:oo Carlsbad, CA 92008 ! HF: 1.00
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY ,(
This ENCROAC (@Agreement") is entered intc between the CITY OF' C&RI&BAD ("Cityn) and Raymond C. Ede ant Dorothy J.C. Edec '(BtOwnhr")i in accordance with Chapter 11.16 oi the Carlsbad.Municipal Code.
1. ~~'Own&r f& the owner of that certain real property located &at a6UO Gceati ,Street, within the City oi Carlsbad, San Diego County, CaXiPornia, Assessor's Parcel Number 203-141-001, and more particularly described in Exhibit rlAtt, attached hereto and incorporated herein by reference,
2. me Easement. City currently owns an @Xi&kg easement over, under, and across Owner's property for street purposes whicf easement is described as Cypress Avenue and shown in Exhibit B.
3;: '*,se, Encroachment. City hereby covenants and agrees and grants its permission to Owner to maintain the existing fence anl landscaping* A plait; showing the location of the encroachment iI attached as Exhibit rlBfl attached hereto and incorporated bl reference. conditions2 This Agreement is subject to the following terms and
(A)
(B)
(Cl
The encro+&ment shall ,be" installed and maintained in t&',&& and;ianitary condition at the sole cost; r$sk;-and responsibility of the owner,and ita successors in interest.
The Owner &$J :, : :&#@&' )' 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 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.
AGREEMENTS/AC-llA.FRM 1 REV 6/5/91
(D) The owner must remove or relocate the existing fence and landscaping prior to the sale or transference of the property rights.
(El 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. 2hIs AgreemW%k constitutes the entire agreement between-the bar&es with respect to the subject matter hereof and supersedes an& replaces all other agreements, oral or written, between the parties with respect to the subject matter.
5. Jwt iota* Any notice whfeh 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 eieyt If to the Owner: City elf Carlsbad Raymond and Dorothy Ede 2075 Las Palmas Drive 2600 Wean Street Carlsbad; C&$2009-4859 Carl&ad, CA 92008
which a&dresses may be changed from time to timse 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 sha11 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 Agreemerrt,
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 tc the property, but any failure to do so does not invalidate this provision.
AGREEMENTWAG-llA.FRM 2 REV 6/5/91
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8. Capacitv. 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, Agreement on this 2s this parties hereto have executed this day of sm , 19 92.
ATTEST BY:
o- a Ray&&d C. Ede, Owner
APPROVED AS TO FORM:
/?+:& 0. /&!aq 0. Ld.
RONALD R. BALK City Attorney Mayor
AGREEMENTWAG-?lA-FRM
REV 6/5/91 3
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San DiQO Saving TiUS,& h&pi
MUllk~FUlC -
\ 1998 NOTARY ACKNOWLEDGMENT
INDIVIDUAL
STATE OF CALIFORNIA
COUNTY OF SAN OIEGO ss
On this z day of SW’ in the year /9v--,
and State, personally appeared ~~~W’0> b C. &35 $
before me, the undersigned, a Notary Public in and for said County
JW Ro-TiyY 7-e. c5ig-Xjc~
personally known to me [or proved to me on the basis of satisfactory evidence] to
be the person[s] whose name[s] is/are subscribed M this instrument, and
/ / Notu-fsSii
acknowledged that he [she/they] executed the same.
MY CO&‘IMISSION EXPIRES AUGUST 30,1995
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Job No. 118.141 September 4, 1992
EXHIBIT "A"
Edels Property Legal Description
Those portions of Lots 74 and 97 of Grandville Park No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof Map No. 2037, as shown on a map of Record of Survey Map No. 12348 in the Office of the County Recorder of said County.
Expires 3/31/95
PLAT OF P,ROJECT 2?00
ENCROA CkfiVEff T Of FfA’CE
AND f A/WSCAPlNG
329 Hslbdoy. suite 202
PROJECT NAME-, ._, EXHIBIT
ENCFiOACHMENT EXHIBIT FOR 2600 OCEAN ST-
Ii/R RAYMOND EDE RESIDENCE PR q,&\ B