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Home My WebLink AboutPR 4.71; Wood, Gladys; 1994-0315330; Encroachment Agreement- 1349 D; # 1994-0315330 12-MAY-1994 12~50 Pll OFFICIAL RECORDS SAN DIEM COUNTY RECORDER’S OFFICE GREGORY Stl;Ttf; COUN;;E;ECORDER RF: . : 20.00 . . . ;;; 11.00 1.00 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: 1 City Clerk City of Carlsbad 1"' 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC PROPERTY PR 4.71 This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("Cityn) and Gladys H. Wood, ('%wner") , in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 5300 El Arbol Drive, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-160-23, and more particularly described in Exhibit *'A", attached hereto and incorporated herein by reference. 2. The Public Pronertv. City currently owns land used for drainage purposes (Cannon Lake) described as a 6.87 acre parcel, a portion of lot H Ranch0 Aqua Hedionda. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner-to aliow existing grading, walkways and wood retaining structures. A the location of the encroachment is attached as attached hereto and incorporated by reference. This subject to the following terms and conditions: landscaping, plat showing Exhibit @IBlc Agreement is (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. (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. AGREEHENTS/AG-llB.FRM 1 REV 6/4/91 4 : , ((7 (D) (El 4. 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. The City's rights with respect to the ownership of the property 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. This encroachment permit does not authorize nor approve any fill into Cannon Lake. Any filling of Cannon Lake is strictly prohibited. Entire Aoreement. 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 notice which 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 City: If to the Owner: City of Carlsbad Mrs. Gladys H. Wood 2075 Las Palmas Drive 5300 El Arbol Drive Carlsbad, CA 92009-4859 Carlsbad, California 92008 which addresses may be changed from time to time 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 Own& 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 Agreement. 7. Successors and Assisns. 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/M+llB.FRkl 2 REV 6/4/91 C 8. Caoacitv. 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 10th day of March , 19 94 . ATTEST APPROVED AS TO FORM: RONALD R. BALL City Attorney q'nwb Mayor AGREEMENTS/AG-llB.FRtl REV 6/4/91 ,J’, A’ P $ ; m P I- 3 ‘E 3 -5 if f s & I r_ Q 5 3 m ” . before me, 3 personally appeared Gladys H. ti p (or proved to me on the basis of satisfactory evidence) to be the person@) whose name@) is,&! subscribed to the within instrument and acknowledged to me that-/she- executed the same in WherMr authorized capaciw), and that by Wher/tbir signature@ on the instrument the person@) or the entity upon behalf of which the person@ acted, executed the instrument. . * CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 42 No. 5907 personally appeared I mpersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@ whose name@$ is/are- subscribed to the within instrument and ac- knowledged to me that-h&she/-they executed the same in &tie/her/#&r authorized capacity@+, and that by h-i&her/#&&r signaturew on the instrument the person@$, or the entity upon behalf of which the person@Q acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AllACHED DOCUMENT 0 INDIVIDUAL [7 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED q GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Cancga Park, CA 91309-7184 Exhibit "A" PR 4.71 1353 5300 El Arbol Lot 226 of Terramar Unit No. 7, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6347, filed in the Office of the County Recorder of San Diego County, April 29, 1969. .- - 3354 L *’ PLAT OF’ PROJE~CT EL ARBOL DR. ---_ -- -- 60.19’ - - __--_ -I-- l I _/ -w ” k u3 0 i 6 -1 I- I I 7 12’ : 11’ NON-COMPACTED 4 5’ J. RETAINING WALL CANNON LAKE PROJECT NAME ABOVE GROUND ENCROACHMENT PROJECT EXHIBIT FOR 5300 EL ARBOL DR. NUMBER PR 4.71 B . ..I. “” Ce..R r\,..*r