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Home My WebLink AboutPR 4.90; Callaway Golf Company; 1998-0123358; Encroachment Agreement. . * I . * DOE 1", 1998-0123358 L RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 603 MAR 09s 1998 8:552 fWl OFFICIAL REm SAN DIEIXI IllMY RECORDER’S OFFICE GREGORY ~U-ll~ COUNTY /i’EECOKDER . : 28.00 111111111111111 1998-0123368 the CITY OF (“Owner”), in ~---EfWg&&g . . . c : ” s___’ ,^ “.““;i ; __~_I x’;~‘.. . ::‘ , , kGRE;h;iiNfz: ~~~~~~~~~~~~~ is (“City”) ar&lS. Callaw$y? Golf. p6ompanyi Chaptefj f: i6 of $4 Q&bad Mun@ba ___ i Ir 1. Landau Court, %! Number 212-Ogk: incorporated her 2. over, under and Exhibit “BIT &ached ; ‘“ii& _: ! &:I “ijb ;&Qy$$ , .&;,,,?a yb&- & ~n@?~~~gd:&grees and grants its permission )*“ddrKiuits for fiber optic cable and seven to Owner t0 allow placement of four (&)~Sfo;rrqn~ch(*~~ ,.,. Ied hereto and __. ,: j ?i:::,i,:44~~l;l~l~~ ~‘.l”:ir;ilj;~~r.:i~~~.., w:il‘l: ;/$&$,,,r:.:,.:: :‘ ;: -. ‘d&s, ““::l:&@~Q$‘$$~f &!f ,; “‘“y !me,r&~,~;;$%treet and utilities l#p*~c~,,ea@fient is described in ~~~&e. -.:” c*F;;;;* ,,&j& (7) 2’0” x 3’0” pull boxes to remain in a portion of the street and utility 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. .-‘$8) The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV 1 Z/24/97 - 604 (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. (D) Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City’s grant of permission to construct and mair 4. Entire Aoreen the parties with respect f agreements, oral or writt4 ntire agreement between and replaces all other (j@& matter. ...*b!. oursuant to this which addresse m>:“:.~i,l’Ll manner described @$&$&Y , w, $$y& ,,,ss’~y~$$ds~u a and addressed 8 constitute a waiver of an unnecessary City’s conse of any default must be i same or any other provision of the $w@W - y Owner shall not shaU &.& $@&@i” h%b>$:&d&ed a waiver or render mner. Any waiver by City **other default concerning the 7. Successors and Assigns. 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. MASTERS/FORMS/ENCROACHMENT AGREEMENT 2 REV. 12/24/97 605 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. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 21st day of January , 1998 -. OWNER CITY OF CARLSBAD MASTERSIFORMWENCROACHMENT AGREEMENT 3 REV 12/24/97 State of California County of San Diego On F~;;~~o!~E personally appeared 606 before me, Dmdd I\ D\4 _------------ (Name[s] of Signer[s]) k $ personally known to me -0+-B (se on the basis of satisfa_ctory-G&neej to be the person$) whose name(N isia’r$ subscribed to the within instrument and acknowledged to me that he/sy/th$& executed the same in his/hj@/th&f authorized capacity(@), and that by his/h$r/th$ir signature&j on the instrument the person&-J, or entity upon behalf of which the person($) acted, executed the instrument. WITNESS my hand and official seal Signaturdof Notary MARGURIETIE ANN BOWMtd cmvlrvl.+10j6070 SAN DIEGO COUW F&y C-mm. ExpiresAPR 17.1999 (This area for official notary seal) EXHIBIT ‘A’ LEGAL DESCRIPTION 607 THE REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: PARCEL 4 OF PARCEL MAP No. 13 194, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 29, 1984 AS FILE No. 84-074126 OF OFFICIAL RECORDS. EXHIBIT ‘B’ 608 THE FRONTAGE OF LOTS 38,39,40 AND A PORTION OF 43 AT RUTHERFORD ROAD AS DEDICATED ON CARLSBAD TRACT No. 81-10, UNIT 2A CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 11134, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 31,1985, ALONG WITH PARCEL 1 AT RUTHERFORD ROAD AS DEDICATED ON PARCEL MAP No. 12416 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS FILE No. 82-346002, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 9, 1982, ALONG WITH LOT 9 AT RUTHERFORD ROAD AS DEDICATED ON CARLSBAD TRACT No. 81- 10, UNIT 1 CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF No. 10330, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY l&1982, ALONG WITH PARCEL 2 AND 4 AT LANDAU COURT AS DEDICATED ON PARCEL MAF No. 13194 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS FILE No. 84- 074126, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 29,1984. AS SHOWN ON EXHIBIT ‘C’ ATTACHED HERETO, AND BY THIS REFERENCE MADE A PART THEREOF. “- SHEET 1 OF 2 ’ . . - LOT 38 MP No. 11134 @UT 24 CT 87-10 LOT 39 MAP No. 71134 WIT ZA CT 81-10 FUSCOE ENGlNfERlNG LOT 40 AiAP No. Ill34 LNIT 24 CT 81-10 5465 MOREHIUSE DRIVE, SUITE 165 SAN DIEGO, CA 92121 (619) 554-1500 @@ Rt@STRATION EXPIRES: 12/31/99 EXHlBl T ‘C’ COMA&/N/CA T/ON CONDill T EXCROACHMFN T LOT 40 WNO. 11134 MIT 24 CT 81-10 a_ SHEET 2 OF 2 610 COW ICATION CONDUIT ENCROACHUENT Ll ~o~&~~l'ovw Ct A-d8’02’22” R=464.00 ’ L=65.11’ l-2 yg tC’&?3’28-W c2 A=18’43’50” R=90.00 L=29,42 L3 b&2&'?7'18'W FUSCOE ENGINEERING 5465 MOREHIUSE DRIVE, SUTE 165 SAN DIEGO, CA 92127 (619) 554-7500 LOT 9 WNQ. 10.330 WlT 1 CT 81-10 mREL 2 PARCEL MAP No. 13194 EXHIBIT 'C' COMMUNICATION CONDUIT EXCROACHMENT