HomeMy WebLinkAboutPR 4.95; CIP Limited LP; 1998-0726367; Encroachment Agreement1,484
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC m 1998-0726367
OFFICI& RECORDS MN DIEGO ClllRTY RECORDER'S OFFICE GREGORY J. SHITHi IXNTY RECORDER FEES: 25.00
E THIS LINE FOR RECORDERS USE
.: 209-081 -1 9
ENCROACHMENT AGREEMENT
Assessor's Pa hibit "A", attached
hereto and inc
over, under, and
h easement is described in across Owner's prop
Exhibit "B" attached h nd incorporated by referenc
ants its permission
to Owner to all
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
UASTERSIFORMSIENCROACHMENT 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 Aareement. 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 to the subject matter.
registered or certified
and addressed as foll
If to the Owner:
manner describ
of any default must ther default concerning the
ing and inure to the
ce in any subsequent deeds to assigns. Owner agrees to incorporate this agre
the property, but any failure to do so does not i
2 I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
8. CaDacitv. Each party represents that the person@) 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 September ,I9 98.
OWNER CITY OF CARLSBAD
CIP Limited L.P.,
a California limited partnership
By: Whammy, Inc., a
MASTERS/FORMS/ENCROACHMENT AGREEMENT 3
REV. 12/24/97
c
1.457
EXHIBIT “A”
LOT 19 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.
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.
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NOT TO SCALE
1490 A
STATE OF CALIFORNIA
On this 2 hk day of SeDfeL31h p p 19g, before me, ~~/~/'~ E. Ha)- Ir/' sB9
6re m4 a Notary Public in and fof the State of California, personally appe'a;ed
personally known to me (or proved on the basis of satisfactory evi~~~b~th~p~~~~~hose !!m$) if/",;",
subscribed to the within instrument and acknowledged to me that b&&e/they executed the same in Wer/their
authorized capacity(ies1, and that by b.is.Aw/their signature(s1 on t
behalf of which the person(s1 acted, executed the instrument. -..
WITNESS my hand and official seal
Signature
ss. STATE OF CALIFORNI
COUNTYOF
On this82 day of &' eylzw I 192, before me, &bw-c/ NRSt-fy
a Notary Public in and for the State of California, personally appeared &vnic/ Me flhl'tal~w
personally known to me e to be the persony whose nameMisfaw-
subscribed to the within instrument and acknowledged to me that hekbekky-executed the same in his/-
authorized capacity-, and that by hislkeckCten * signature$d on the instrument the persow or the entity upon
behalf of which the personls(acted, executed the instrument.
WITNESS my hand and official seal
Signature