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Home My WebLink AboutPR 4.95; Carlsbad Oaks Limited LP; 1998-0726368; Encroachment Agreement1491. - DOC 1998-0726368 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICI& REm W DIEGO CUMY REu1RDEK'S OFFICE GREGaw J. SHITH, COUNTY RECORDER FEES: 25.00 THIS LINE FOR RECORDER'S USE .: 209-081-09 PR 4.95 ENCROACHMENT AGREEMENT the CITY OF CARL Chapter 1 1.16 of th ("Owner"), in accordance with real property located at Lot 19, n Diego County, California, scribed in Exhibit "A", attached . Owner is the owner of that hereto and incorporated herein by reference. . City currently owns an existin sement over, under, and easement is described in across Owner's pro and grants its permission the street easement. A plat showing the irxaticn of the srrcrcachrxnt is :,ii:ar:hed as Eihibit "C" attacned hereto mil 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 (IO) days or such other time as specified in the notice after receipt of MASTERSFORMSIENCROACHMENT AGREEMENT 1 REV. 12/24/97 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 Aqreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all other agreements, oral or written, between the partie Agreement shall be sent in writing registered or certi 5. Notices. Any noti e given pursuant to this class, postage pre-paid, Carlsbad Oaks, L. from time to time by pro manner described above. arty in the efault by Owner a nd shall not be a waiver of any default mu same or any othe ing and inure to the the property, but any failure to do so does not invalidate this provision. Ill Ill Ill Ill Ill Ill Ill MASTERS/FORMS/ENCROACHMENT AGREEMENT 2 REV. 12/24/97 1.493 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 Ad dayof Sep tewbei- ,1998. OWNER CITY OF CARLSBAD Carlsbad Oaks Limited L.P., MASTERS/FORMS/ENCROACHMENT AGREEMENT 3 REV. 12/24/97 EXHIBIT “A” LOT 9 OF CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,1982. 1495 h EXHIBIT “B” LOKER AVENUE WEST AS PER CARLSBAD TRACT NO. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13,1982. LOCATION A$ / ‘\ I \ \ // / / /I / ENCROACHMENT / / \ \ , \ \ (COMPUTER CABLES) (2) 4” DIA. & (1) 2” PVC PIPES \ / , \ \ > /’ ‘\ / ./ / DIA;, ’ ,/ , NOT TO SCALE PROJECT NAME 1 PROJECT I EXHIBIT C NUMBER PR4.95 ASYMTEK ENCROACHMENT .. d I497 STAT€ OF CALIFORNIA COUNTY OF Sa v) .a) ss I On this d rep day of SepkeL*,beF , 19y, before me, srkik k. PF/. S@h a Notary Public in and for the State of California, personally appeared z-&p,o I~ personally known to me (or proved on the basis of satisfactory evidence1 tolbe the person(s) whose name(s) &/are subscribed to the within instrument and acknowledged to me that kekkelthey executed the same in I+ker/their authorized capacity(ies1, and that by &&er/their signature(s1 on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . bhrn&hH +G- re99 &&4 n WITNESS my hand and official seal I Signature V Commission # 1197167 san wego Countv Notary Pubnc - calilamb STATE OF CALIFORNIA COUNTY OF sch p/P+T On this 8 day of personally known to me (or proved on the basis of satisfactory evidence) to be the person(s1 whose narneb) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatureb) on the instrument the person(s), or the entity upon behalf of which the person(s1 acted, executed the instrument. CY a Notary Public in WITNESS my hand and official seal Signature OFFiClAL SEAL I NEAL GANZ z COMM. NO. 1143145 - I MY COMM. EXP. JULY 16,2001 I c; NOTARY PUBLIC-CALIFORNIA$ SAN DIEGO COUNTY