HomeMy WebLinkAboutPR 4.88; Clark, Steven & Patricia; 1998-0123354; Encroachment Agreement9
~~l~~l~i~ll - 1998-0123364 DCIC # 1998-0123354
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
EFICIAL liEaDS SAN DIE@ COWTY REcD#DER’S OFFICE GRErwRv ;iEl!ITti~ v~‘mm . . LJ.
E THIS LINE FOR RECORDER’S USE
High Ridge
Assessor’s Par&!/
attached hereto E
1.
2.
across Owner’s prop
“6” attached hereto and I
3. The Encroachme
to Owner to allow pebblestone in @%%?$ortron of the public easement. A plat ~ ‘~“‘w,..&$ w- . _rees and grants its permission ii
showing the location of the encroachment is attached- as Exhibit “C” 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.
(6) 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.
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MASTERSIFORMSIENCROACHMENT AGREEMENT REV. l/21/97
592
(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.
the parties with respect to t
agreements, oral or writte
5.
Agreement shall
registered or certi;
and addressed i
4. Entire Aoreement.,,d, eg,the entire agreement between
&des and replaces all other
3iect matter.
by United States
eceipt requested, or by 0th
ursuant to this
mercial means
which addresse!
manner describe
6.
constitute a waiver o~i&it~
unnecessary City’s cons
of any default must be in
Owner shall not
aiver or render
waiver by City
default concerning the
same or any otr
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.
ill
Ill
III
MASTERSIFORMSIENCROACHMENTAGREEMENT
2
REV. l/21/97
.
8. Each party represents that the person(s) executing this Agreement on behalf CaDacity.
of such party have the authority to execute this Agreement and by such signature(s) thereby
bind such party.
3@ IN WlTN@S WHEREOF, this parties hereto have executed this Agreement on this
day of 3 CiwcV V I , 193.
OWNERS: CITY OF CARLSBAD
1 MASTERS/FORMS/ENCROACHMENT AGREEMENT
3
REV. 1121197
h
State of California
County of San Diego 594
personally known to me - OR- ,,rd q,~f satisfactory evidence) to be
personally appeared -? %a64 5.w &M+Q f&&.jC h F Lm
(Name@] of Signer[s])
,
E-.
!?$$J# and acknowledged to .m ,:.: I ._Y .&&2,. $p:c- ;,;~j;;/g@; &z~~ $@xq&(ies), and that by
!lf of which the
Signature of
Title or Type of Do
Date of Document
Signer(s) other tha ove
IM ASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97
EXHIBIT “A”
Lot 130 of Carlsbad Tract 76-15, Unit No. 3, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No. 10579, filed in the
office of the Recorder of San Diego County, January 31, 1983.
EXHIBIT “B”
An easement for public utilities and street right of way over and under Lot 130 of
Carlsbad Tract 76-15, Unit No. 3, in the City of Carlsbad, County of San Diego,
State of California, according to map thereof No. 10579, filed in the office of the
Recorder of San Diego County, January 31, 1983.
597
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