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Home My WebLink AboutSDP 97-17; Palisoul & Blair; 1999-0043340; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JFlN 26s 1999 2-21 PM OFFICI# RECORDS kQ6;rkBQME THIS LINE FOR RECORDERS USE asement is described in ment over, under, and nd grants its permission and utility easement. A plat showing the location of the encroachment is attached as Exhibit ~ ~ ~ ~ ~1 roof eave to overhang and encroach 1' 6 into a portion of the public street 'C" attached hereto and incorporated by reference. This Agreement is subject to the following :ems 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 or expense arising out of (1) loss or damages to property and (2) injury removal of the structure installed hereunder, including any loss, damage, to or death of persons. 1 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 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. 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. MASTERSIFORMSIENCROACHMENTAGREEMENT 2 REY. 12R4197 6308 8. CaDacity. 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, hereto have executed this Agreement on this 5- day of > 3 I MASTERSiFORMSiENCROACnMENTAGREEMENl REV. 12124197 II 0 personally known to me -0R- roved to me on the asls of satisfactory evidence to be the person(s1 whose name(s) Islare subscribed to the within instrument and ks ' acknowledged to me that helshelthev executed the same in ' hislherltheir authorized capacity(ies), and that bv hislherltheir signature(s) on the instrumenttheoersonk). or the entity upon betiaif of which the person(s) acted, executed the instrument. Witness my hand and official seal. II ISEALI (SIGNATURE OF NOTARY) ATTENTION NOTARY The information requested below and in the column to the right is OPTIONAL. Recording of this document is not required by law and is also optional. It could, however, prevent fraudulent attachment of this certificate to any RIGHT THUMBPRINT lOplion.ll CAPACITY CLAIMED BY SlONERlSl OCORPORATE - OINOIVIOUALISI OFFICERISI no- OPARTNERISI OLlMlTEO OGENERAL OATTORNEY IN FACT OTRUSTEEISI OGUARDIANICONSERVATOR OOTHER: SIGNER IS REPRESENTING: INarno of Parnon1.l or Enlilylie.) RIGHT THUMBPRINT IOpliona11 CAPACITY CLAIMED BY SI(INERIS1 OCORPORATE OlNOlVlDUALlSl OFFICERISI IT8TLEBI OPARTNERISI OLlMlTEO OGENERAL unauthorized document. mls CERTIFICATE Tl!a 0, rvps Of D RUSTEEISI TTORNEY IN FACT MUST BE ATTACHED TO THE DOCUMENT Numbsrof Pwsr DESCRIBED AT RIGHT: UARO1ANICONSERVATOR MER: Sirarlrl Oms, Than Nomod Abo SIGNER IS REPRESENTING: INomo of Per.onl.1 or Entityltos) ---roved to me on the basis of satisfactory evidence to be the persow whose namq%@bsubscribed to the within instrument and acknowledged to me that executed the same in e!.+ek authorized capacity(4, and that by hcs@hkeir signaturwon the instrument the person($ or the entity upon behalf of which the person(+acted, executed the instrument. WITNESS my hand and official seal. camntrrlon111135281 DAWN A STOUT Slpnature 01 Notary Publlc OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: &mw Document Date: Number of Pages: 3 Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer %Limited 0 A ev-in-Fact 0 General 0 &tee' L Guardian or Conservator -her: I\ I Signer Is Representing: j \I Signer's Name: 0 Individual 0 Corporate Officer Title@): 0 Attornev-in-Fa n Other: Signer v~ Is Re enting: 0 1995 NaI8onal Notary AssoC#at#on. 8235 Remrnet Ave.. PO. Box 7184. Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: CallTall-Free 1-800-876-6827 State of California County of San Diego (Date) (Name', Title of Officer) personally appeared Vw+/.ri L, BIUlY - (Name[s] of Signer[s]) P-OR- (proved to me on the basis of satisfactory evidence) to be the personwhose namem &subscribed to the within instrument and acknowledged to me tha@/sh&++sy executed the same in eir authorized capacitm and that by- signaturewn the instrument the personwr-entity upon behalf of which the persow acted, executed the instrument. WITNESS my hand and official seal a,& Signature of Notary QW (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer@) other than named above , - CALIFORNIA ALL-PURPO-E ACKNOWLEDGMENT -3 12 PR mved to me on the basis of satisfactory evidence to be the person& bscribed to the within instrument e tha-kpxecuted the orized capacity(imnd that by the instrument the person(s), f which the perso6f$-acted, executed the instrument. WITNESS mv hand and official seal, OPTIONAL Though the information below is not required by law. it may prove valuable to persons reiying on the document and could prevent fraudulent removal and reanachmenf of this form lo another document. Description of Attached Document Title or Type of Document: q,"t 0-4 ~ Document Date: Qk%-W@U 5,lcI(v Number of Pages: 3 Signer(s) Other Than Named ?- @d, %-LBd Capacity(ies) Claimed by Signer(s) Signer's Name: CUM 7 . I& Signer's Name: 1 - 0 Individual J Corporate Officer Title@): D Partner - d Limited 0 General 0 Attornev-in-Fact 0 Trustee C Individual 0 Corporate Officer Attornev-in-Fact 0 Trustee 0 Guardian or Co d ervator 0 Other: / Q 19'35 National Notary Associaf~on f 8236 Rernrnet Aue., P.O. sax 7184 * Canoga Park. CA 91309~7184