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HomeMy WebLinkAboutPR 4.78; La Costa Village Homeowners Association; 1995-0392223; Encroachment Agreement745 RECORDING REQUESTED BY 1 AND WHEN RECORDED MAIL TO: 1 City Clerk ; City of Carlsbad 1 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1 7-X # 199~n~392223 0%SEP-1995 ll:22 cll!‘I DFFICIAL RECORDS SAN DIEGO EOUNTY REMIRMR’S OFFICE 6REliORY S;$HH C~~~E~E~OR~Eff !?FF: . : 25.00 ii: 13.00 : 1.00 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City@') and La Costa Village Homeowners Association, a California Nonprofit Corporation, ("Owne~~~) , 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 7210 l/2 Plaza de la Costa, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-232-20. 2. TheEasement. City currently owns an existing easement over, under, and across Owner's property for street purposes which easement is described in Exhibit WBI, attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to install a steel fence three feet from the face of the curb into the parkway area, within the public street easement. A plat showing the location of the encroachment is attached as Exhibit llA1l attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (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. AGREEl4ENTS/AC-llB.FRM 1 REV 6/4/91 . ‘: , (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 constitute a lien upon the property. (D) 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. 4. Entire Aareement. 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: City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 If to the Owner: La Costa Village Homeowners Association c/o J. Michael Management Services 1930 So. Hill Street, Suite 110 Oceanside, CA 92054 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 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 to the property, but any failure to do so does not invalidate this provision. AGREEMENTS/A&llB.FRW 2 REV 6/4/91 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, this parties hereto have executed this Agreement on this 1% day of , 199<. WGr ATTEST n A I A!.tx#bd 6ti ALETI-IA L. RAirTENKRANZ City Clerk APPROVED AS TO FORM: . ROaD R. BALL City Attorney g*&4 *9r* DONALD CORN - SECRETARY Mayor AGREEMENTWAG-11B.FRM 3 REV 6/4/91 . :’ ‘. , l . 748 State of California County of San Diego 2 I On March for the state, , 1995, before me, the undersigned, a notary public personally appeared Priscilla Whiting personally known to me (or proved to me on the oath of Priscilla Whiting who is personally known to me) to be the person whose name is subscribed to the within instrument, as a witness thereto, who, being by me duly sworn, deposes and says that she was present and sawGilbert Raff and Donald Corn, the same persons described in and whose names are subscribed to the within and annexed instrument as parties thereto, execute the same, and that said affiant subscribed her name to the within instrument as a witness at the request of Gilbert Raff and Donald Corn. WITNESS MY HAND AND OFFICIAL SEAL L M COPEL EXHIBIT ‘A’ 749 LOT 1 OF LA COSTA VILLAGE, AS SHOWN ON MAP NO. 6621, RECORDED ON APRIL 14, 1970, AS INSTRUMENT/FILE NO. 64617, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. 750 EXHIBIT ‘B’ THAT PORTION OF ALMADEN LANE ALONG THE WESTERLY PROPERTY BOUNDARY OF LOT 1 OF LA COSTA VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, CALIFORNIA, ACCORDING TO MAP THEREOF NO. 6621, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 14, 1970.. EXISTING RIGHT-OF-WAY , I I I I I I 1 I I I I I I I I I I I I I I I [ I &EXIST. SLOPE NOT TO SCALE PROJECT NAME LA COSTA VILLAGE \ \ \ PROJECT EXHIBI NUMBER PR4.78 c DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT.