HomeMy WebLinkAboutPR 4.98; Massas, Frank & Ann; 1999-0028753; Encroachment Agreementih DOC * 1999-0028753 64733 JAN 19, 1999 3=04 PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
mICIfx RmtDs sEy( DIEGO CMRCFV kGORDER’S OFFIL’E GREUIRY gm, CyTYYRErn : .
l~l~l~ll~~~~l~llll IllIll mr n Ill Yy 1999-0028763
P&$&$&@/E THIS LINE FOR RECORDER’S USE &A4 &;3 ‘I‘~ j j j jjl )[ pe j 5 (‘l *j’ ’ :,::~~~jri’~iijr!r~~~,~~~l I’[ ,_ I’:; !;& b~b~~~~R,~~~R~~~~*O.: 156-120-71-00
ENCROACHMENT AGREEMENT ‘Iii;l: ‘, “, “‘i“‘~~~ ,( 0 3, / : p;;;; :/,: up:‘:::?“:“,’ (, p!:* 1 $ 1 Z#!~L .,,i~,l~:J,*~,‘~~‘i~Ir,:~ (( _, r:d( / s ay/j,[ :,E 1_ %:’ p,ir ,~P(,( NT AG’~~Er;li’!~~~ii-:;i;~~gi~ement”) is ‘~&;&p&o between
ity”) and Frank D. Massas and Ann Ml,j.~~~~~~;:;llusbnd and wife
h Chapter 1 I,.16 of th;e Carlsbad Munlc@$l CodeI, ’ ;J;,: _. ‘,
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/ENCROACHMENTAGREEMENT REV. 12/24/97 +’ I3
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04734
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 ,(‘ $‘$! I’ $$ 73“ i: dam agreements, oral or written, between thei:ps~sbi:~l)~~~~~~c~ to the s subject matter.
Notices. pursuant to this
postage pre-paid,
benefit of the
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I MASTERS/FORMS/ENCROACHMENTAGREEMENT REV. 12l24l97
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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.
WHEREOF, this parties hereto have executed this Agreement on this
I MASTERS/FORMS/ENCROACHMENT AGREEMENT 3
REV. 12/24/97
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EXHIBIT “A”
Parcel 1 of Parcel Map No. 14971, in the City of Carlsbad, County of San Diego,
State of California, as filed in the Office of the County Recorder of San Diego
County, on September 17, 1987.
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EXHIBIT “B”
A 60’ wide public street and utility easement granted to the City of Carlsbad for
Pio Pica Drive.
LAS FLORES DR
RIGHT OF WAY
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PROJECT NAME
MASSAS RESIDENCE
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PROJECT EXHIBIT
NUMBER
PR 4.98 C
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k 04739
State of California
County of San Diego 1
On h&f 6, Im before me, heA& v&@ vb
(Date) (Name, Title of Officer)’
personally appeared q-+&J
(Name[s] of Signer[s])
- I personally known to me -OR -
(proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)
&are subscribed to the within instrument and acknowledged to me that t&he/they
executed the same in VP s/h /their authorized capacity(ies), and that by l+/pr/their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
and and official seal
(This area for
official notary seal)
Title or Type of Document
Date of Document ! 1% -:oz 3 \ b 4
Signer(s) other than named above