HomeMy WebLinkAboutPR 4.76; Moffatt, Jerry & Peggy; 1994-0548981; Encroachment Agreement- EXHIBIT #3
RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO:
; City Clerk City of Carlsbad ; 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1
14-SEP-1994 02:15 FT
OFFICIAL RECDRDS SAH DIEGO COUNTY RECORDER’S OFFICE GREGDRY St’i;T;; CDUH;$ECDRDEK RF: . : 18.00
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ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT PR 4.76
This ENCROACHMENT AGREEMENT (l@Agreementll) is entered into between the CITY OF CARLSBAD (llCityll) and Jerry J. Moffatt and Peggy L. Moffatt, ("Ownertl), in accordance with Chapter 11.16 of the Carlsbad Municipal Code.
1. The Owner. Owner is the owner of that certain real property located at 4444 Adams Street, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-180-39.
2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public street and public utility purposes (Adams Street).
3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to construct a maximum three foot high loffell retaining wall. A plat showing the location of the encroachment is attached as Exhibit "A" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions:
(A)
(B)
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.
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.
AGREEMENTS/AC-llB.FRM REV 6/4/91
- CI- 1708
(Cl
(D)
4. Entire Asreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter
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.
Whatever rights and obligations were acquired by the City with respect to the 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 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 Jerry and Peggy Moffatt 2075 Las Palmas Drive 4150 Adams Street Carlsbad, CA 92009-4859 Carlsbad, CA 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 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 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/AC-flB.FRM REV 6/4/91
‘
-
1709
8. Canacitv. 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 /&$A day of /SU~U$ , 19vq .
ATTEST OWNER:
JERRY J. MOFFATT AND PEGGY L. MOFFATT
Y
ALETBA L. RAUTENKRANZ City Clerk
A?PROVED AS TO FORM:
: J/Ad&
RONALD R. BALLU "U
City Attorney
AGREEMENTWAG-llB.FRM
Mayor
REV 6/4/91 ,
1 STATE OF CALIFORNIA COUNTY OF &y\ &.~o
}ss.
1 J
On &qusf IO, \ciqq , before me, L;I~c/Q u 5 // I‘I/W, &dwy /? 6/i? ~ , w personally appeared Lk?ffl/ J. /“/7&&f cad fqwv L. m&y
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) &/are
subscribed to the within instrument and acknowledged to me that h&he/they executed the same
in his/her/their authorized capacity(ies), and that by bk#er/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal. _-
(This area for official notarlal seal)
Title of Document
Date of Document s-IO-Ljjlj No. of Pages 3
Other signatures not acknowledged A/e-t& k ,?$&~~krci~~z, ~&~/d ,?, 1$//, C/ai.dde k, Ldd/S -
3008 (l/94) (General)
First American Title insurance Company
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PLAT OF PROJECT.
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mu f=lO FEN
PROJECT NAME
MOFFATT RETAINING WALL
PROJECT EXHIBIT
NUMBER PR 4.76 A