HomeMy WebLinkAboutPR 4.92; Dix, Mel; 1998-0362380; Encroachment AgreementL . r” I
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DOC Ai 1998-0362380
78 JUN 15s I’SW 3:24 PM
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RECORDER’S USE
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): ,‘, s, I ;; j j”~[( ‘,‘ i:i:,j_:i ()I~ ‘: RIGHT-OF-WAY PEWWT’N~:: RIiiv 98-50 :_jli ‘L’ : .,,:,s :i / AWL j&j j +3:-, -2 ~&&~i .A‘ (, $23 i i j j i / i‘;;!,&,. +::,_ ‘:: -, :. i( (1: ,‘g:) (: (SO, i( ENCROACHMENT AGREEMENT ‘I) ,(,
II’; ;:i:iq;:,,:; I.:‘# , i:, 3 : f ,I) I’:; I1 1 ,,: :., &: ‘I ; ,, 1 AGREEM~IVi ,,;i’;As~~e’men~) is :~~ter~8’ ;3~to between
‘) and Mel W. Dix-(“Owner”), in accord&& with Chapter 11 .I6 ,/‘ .’
incorporated herein! buy (~‘:, :‘ ” a)3 (’ I_j/ ,, jj: 2. t. ~“~&$ity ,:@gj :/:) /, currently owns’ an existk@!@$asement over, under, and
across Owner’s prop&& fo;r&$$&%&%.HUy and drainage whi$$$$&sement isdescribed in Exhibit
“B” attached hereto and~ii?corporate~‘gyi.~~~~~n_ce. .‘:::,, ;
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3. The Encroachment, City hereby~covenants, and’a&&‘and grants its permission
to Owner to allow a pool de&%$ remain ina’ portio#:of >fhe’ general utility and drainage
easement. A plat showing the locatioh~o~fhe encroiichment 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.
(B) 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.
(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
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MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. Q/24/97 1117
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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.
4. Entire Aareement. This Agreement constitutes the entire agreement $etween
the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between thep$rt%es w/th’respect to the subject matter. ~I(( ,‘ I_i:j(I( ‘iii]‘ ‘A‘;, $;$i:? 3 i :‘: E
5. Notices. &-~y $flce ‘which t ,i&““#$~u~&##- fi&$:,dbs, given pursuant to this
Agreement shall be sen~,;~‘~~‘,‘:~riti~~ bf United’ @#es” mail, fi&$i~~class, postage pre-paid,
registered or certified with~retusn hce@ ;&quested, or by othercom~ar~ble commercial means
and addressed as folk%&:, ” ,__’
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MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 1 Z/24/97
8. Capacitv. 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 a0 dayof Hey ,i9?43.
OWNER CITY OF CARLSBAD / MEL W. DIX
By: -
I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
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EXHIBIT “A”
Lot 7 of Carlsbad Tract 85-18, Units 1 and 2, in the City of Carlsbad, County of
San Diego, State of California, according to map thereof No. 11592, filed in the
Office of the County Recorder of San Diego County, August 19, 1986.
EXHIBIT “B”
A 10 foot wide general utility and drainage easement over, upon, across and
under Lot 7, of Units 1 & 2 of Carlsbad Tract 8518, in the City of Carlsbad,
County of San Diego, State of California, according to map thereof No. 11592,
filed in the Office of the County Recorder of San Diego County, August 19, 1986.
AREA
ENCROACHMENT
INTO EASEMENT
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DECK
NOT TO SCALE
HOUSE
GARAGE
DRIVEWAY
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4275 CLEARVIEW DR.
'ROJECT NAME
D/X RESIDENCE pNReMJBEEcRT EXHIBIT
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State of California )
County of San Diego i
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before me, e h I v
(Date) ame, Title of Officer) r
personally appeared 9 (Name[s]$Signer[$)
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personally known to me - 0 R - (~~~~p~~~~%:‘rne @i-l the basis of satisfactory evidence) to be
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the person(s) whose name(s)~%%Ie $&$q-il%& to the within ?i&&ment and acknowledged to
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i:ii$ /) :( ‘. WITNESS my hand ~dnd‘afficial seal
1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97