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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