HomeMy WebLinkAboutPR 4.64; Villas of Calaveras Hills Homeowners Association; 1993-0111742; Encroachment Agreementf
- “C # 1993-0111742 1370 23-FEE-1993 II=84 AP
RECORDING REQUESTED BY 1 OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: 1 SAN DIErjD COUNTY RECORDER’S OFFKE FIMNETTE EVANS, COl!NTY RECORDER
City Clerk RF: 9.00 FEES: 20. I Lx: 11 fin City of Carlsbad iI! -
1200 Carlsbad Village Drive flf-: ';:l;ij
Carlsbad, CA 92008 1 f 1 ENCROACHMENT AGREEMENT
FOR USE WITH S PUBLIC RIGHT OF WAY
between the Homeowners ASS%X$ of the Carl
!&enttr) is entered intc and 'T&e Villas of Calavera cor&@@%with Chapter 11.16
cribed in
*ion of the hereto and
(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
II AGREEMENTWAG-llA.FRM 1 REV 6/5/91
constitute a lien upon the property.
(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.
hereof an written, between'
ement constitutes the entire !#&&t to the subject matter L' o&eP agreements, oral or respect %to 'We subject matter.
~;~~~~~iir~, '9r may be given
'::s$pt~ in ,q?$$ing by United aiai ~reg%st&ed or certified othercompa$&1& commercial i'
shall not be a any other provi rning the same or
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.
/I AGREEMENTS/AC-llA.FRM 2 REV 6/5/91
. II .
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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 s-s day of I lcf&L-
ATTEST BY:
AGRiEMENTWAG-llA.FRM REV 6/5/91
_-
ally known to me
n instrument a
w, on behalf
the corporation therein named, and acknowledged to me that
5: o_+ such corporation executed the within instrument pursuant to its
i by-laws or a resolution of its board of directors.
G ? ‘p
2 m (This area for official notarial seal)
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LEGAL DESCRIPTION OF PROPERTY
Lot 17 of CARLSBAD TRACT NO. 82-16, in the
City of Carlsbad, County of San Diego, State of
California, according to Map thereof No. 10860,
filed in the Office of the County Recorder of
San Diego County, February 28, 1984.
EXHIBIT “A”
LEGAL DESCRIPTION OF EASEMENT
That portion of Tamarack Avenue and that portion of
Chatham Drive along the north and east property
boundary of Lot 17 of CARLSBAD TRACT NO. 82-16,
in the City of Carlsbad, County of San Diego, State
of California, according to Map thereof No. 10860,
filed in the Office of the County Recorder of San
Diego County, February 28, 1984.
EXHIBIT “B”
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r PLAT OF PROJECT 19s
c ---------------------------
TAMARACK AVENUE
r SPLIT RAIL WOOD FENCE
2: 1 SLOPE
-LANDSCAPE
PROJECT NAME 7, ,r \#,, , An nr ~AI *‘“?A HILLS PROJECT EXHIBIT I ne VILLH~ ur LHLHV~ ENCR* _ -_ ._ --- I ‘ACHMENT I I NUMBER PR 4.64 C