HomeMy WebLinkAboutPR 4.89; Vogel, Betty & Ruth; 1998-0045941; Encroachment AgreementRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
677
C)FFICIAL RECOF:DS SM DIEGO !l?!Nr’ RECORDER’S OFFICE GHEGWf J. SMITHr CCi?JlHTY RECORDER FEES: 25,QO
---- -I----- Q$tE ‘THIS LINE FOR RECORDER’S USE
216-050-29-00
Number 216-256
incorporated here1
across Owner
“B” attached h
over, under, and
escribed in Exhibit
3. The Encroachment.
to Owner to allow stamped concrete to remain in a portion of the public easement. A plat
showing the location of the encroachment is attached as Exhibit “C” attached hereto and
incorporated by reference. This Agreement is subject to the following terms and conditions:
(A) The encroachment shall be installed and maintained in a safe and
sanitary condition at the sole cost, risk, and responsibility of the owner
and its successors in interest.
(6) The Owner shall agree at all times to indemnify and hold the City free and
harmless from any and all claims, demands, losses, damages, or expenses
resulting from the construction, maintenance, use, repair or removal of the
structure installed hereunder, including any loss, damage, or expense arising out
of (1) loss or damages to property and (2) injury to or death of persons.
1
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97
(C) The Owner must remove or relocate any part of the encroachment within
ten (10) days or such other time as specified in the notice after receipt of
it from the City Engineer, or the City Engineer may cause such work to
be done and the reasonable cost thereof shall constitute a lien upon the
property.
(D) Whatever rights and obligations were acquired by the City with respect to
the easement shall remain and continue in full force and effect and shall
in no way be affected by City’s grant of permission to construct and
maintain the encroachment structure.
the parties with respect to fh
agreements, oral or written@1 -t--
Agreement shall b#
registered or ce-t@@‘@i;
and addressed i ;&&g& g
4. Entire Aoreement
5.
If to th
? entire agreement between
es and replaces all other
rsuant to this
receipt requested, or by ot
Carlsba!! :yi ki
which addresse!
manner descri
6.
constitute a waiver of8W”j.ol
unnecessary City’s con&$~
of any default must be in w c _ ,.__A A.. A”,, ,.&he... m.%rA..;r;-s.T #d aalllc VI ally u
c &g! :_, ‘, : < ,, i ;*,g ‘,,,__ LI $‘,.;,I: a; .
a waiver or render
r. Any waiver by City
her default concerning the
7. Successors and Assiqns. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and
assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to
the property, but any failure to do so does not invalidate this provision.
Ill
Ill
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 1121197
F -“?e:.. _,.,., .p +&ii . .(, -‘* _ qjj$#
i. ._ -- -
*, f.‘,? ( ,CJp _. I
8. Capacity. 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.
s hereto have executed this Agreement on this
OWNERS: CITY OF CARLSBAD
3
1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97
State of California
County of San Diego
On J,,nl~ru~./$@ before me, b3dyanfl L&S S 1 BLEW 1
(Dat& (Name, Title of Officer)
personally appeared &&I d. V&W / and Ruti E V&C / - ,
(Nan$[s] of Si$r(er[s])
me that he/she. 4-3 e &d
of satisfactory evidence) to be
and acknowledged to
and that by
strument the perso@ or
4 REV l/21/97
681
EXHIBIT “A’
Lot 451 of La Costa South Unit No. 6, in the City of Carlsbad, County of San
Diego, State of California, according to map thereof No. 6604, filed in the office
of the Recorder of San Diego County, March 23, 1970.
h
EXHIBIT “B”
An easement for public utilities and street right of way.
682
,
r I>
ID U’ \
ZFG