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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. 1 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 3 F i? m a 5 ) I 1 i i / 1 i \ i \ z 2 \ 70 \ \ O=i ;“- s “\,, -< \) c ‘\ ’ ‘y 2 =r E 3 P 0 P