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HomeMy WebLinkAboutPR 4.63; Andersen, June; 1993-0019422; Encroachment AgreementrcI I 769 -Jc t 1993-0019~~~ P2LJAH-1993 B3=59 PM RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 oFFrcu?L FiECORCS SAN DrEGa CfilJHTY RE$-jRDER’S QFfICE AHHETTE E?IIZHS t CRLINTY RECK!ER ;;i 8. cc FEES: 20.0 Il. cc IIF: 1.00 ENCROACHMENT AGREEMENT FOR USE WIT PUBLIC RIGHT OF WAY This ENCROAC is entered into between the CITY:'! June Y. Andersen, ( “Ow Muni prop Carl 205- atta the Carl&ad certain real &he City of sb ,08 ch attat ch ubl'k:&f@ght :af way;. ; e location is d&k ,a&& ~&~plat,~,,;#@@ ,&si$ t&&ibit "J# !get hereto and Agree@& ',&':~$&&ect to the : times to (B! The Owner SK! (Cl indemnify and hold the City.free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. L The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. /I AGREEMENTWAG-llA.FRM 1 REV 6/S/91 - (D) Whatever rights and obligations were acquired by the City with respect to the right-of-way and easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. 4. Entire Aareement. This Agreement constitutes the entire or may be given e commercial unnecess shall not d their respective Owner agrees to e in any s'ubseguent deeds to the property, but any failure to do so does not invalidate this provision. AGREEMENTS/AC-llA.FRM REV 6/S/91 - 8. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEI#$)$, Agreement on this this parties hereto have executed this - day of flov4nb , 19 42 . ATTEST BY: I Acknowledgement State of CALIFORNIA On 24th Day Of Novembet;egl$eee, DEBORAH A. STONE ss. County of -SAN personally appeared JUNE ANDERSEN Notary Public - California San Dlego County Bm (or proved to me on the basis of satisfactory evidence) to be the person@) whose name$@ is& subscribed to the within instrument and acknowl- edged to me that t@sheiwexecuted the same in@$er/tl& authorized capacity(ies). and that by l$Jher/@&signature(s) on the instrument the person(2, or the entity upon behalf of which the person(2 acted. executed the instrument. WITNESS my hand and official seal. (This area for official seal) Signature *JTENT~ON NOTARY: Although the information requested below 1s OPTIONAL, it could prevent fraudu,ent ot+ochment of this certificate to onother documen+ J\t\e or Type of Document I Number of Pages Date of Document TO THE DOCUMENT DESCRIBED AT R’GHT: Signer(s) Other Than Named Above - -. -.A,- ~d-O+---~ A i 772- LEGAL DESCRIPTION OF PARCEL Lot 11 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” LEGAL DESCRIPTION OF EASEMENT That portion of Basswood Avenue along the northeasterly property line of Lot 11 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” SPLIT RAIL FENCE NOT TO SCALE PRoJECT NAME ABOVE GROUND ENCROACHMENT PROJECT EXHIBIT FOR 3350 VALLEY STREET AM-4 BY SCOTT EVANS, CARLSBAD ENGINEERING DEFT NUMBER PR 4.63 C