HomeMy WebLinkAboutRICHARD I. & LILLIAN J. JONES; 1991-12-18;1
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PLEASE RECORD THIS DOCUMENT AT NO )
FEE AS IT IS TO THE BENEFIT OF )
THIS DISTRICT (GOV. CODE [6103]). )
)
RECORDING REQUEST BY )
AND WHEN RECORDED MAIL TO: )
)
District Engineer )
Carlsbad Municipal Water District )
5950 El Camino Real _ )
Carlsbad, California 92008 · )
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Space .above this line for
. Recorder' s use.
Assessor's Parcel No.
Project Name & Number
2·11-030-7
Solomar Mobil Home ~ark
Lot 7
6496 Friendly Place
ENCROACHMENT AGREEMENT
F0R USE WITH STRUCTURES BUILT OV:ER PUBLIC RIGHT-OF-WAY
• • I This ENCROACHMENT AGREEMENT ( II Ag1:1eement II) is entered into
between the CARLSBAD MUNICIPAL . WATER. DISTRICT ("District"), and
__ ........ £---'---1 e.=-:~~i --=a.c....&.Y--=~'----'~=------·· _-~_No~)-:-:--'1....a....,1 /,'-"-1.;;=-:c· ~n--J-="'--✓ ----"-82_0._W_E....,....".S'-----,-___ ,
("Owner") .
1.
property
Owner is .the owner of that certain real
j;tf'lti, -1-,,ie>t d fy ~PJncE'
within the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 2 I} -030-7 , and more particularly
described in Exhibit "A", attached hereto and incorporated herein
by reference.
2. The Easement. District currently owns an existing
~c easement over, under, and across Owner's property for r \\IE \VJLL,; Fill.-<;: ~ TH S Se,e,.,T o t-...1 ~
)N ------------------------------
28 which easement is described in Exhibit "B" attached hereto and
1 5/10/91 rev.
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incorporated by reference.
3. The Encroachment.
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District hereby covenants and agrees
and grants its permission to Owner to place a carport and driveway
over the existipg easement.
A plat showing the location of the encroachment 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 pe 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 District free and harmless from any ~nd all claims,
demands, losses, damages, or expenses resul~ing from the
construction, maintenance, use, repair or removal of the
strricture install~d hereunder, including any loss,
damage, or expense arising out of (1) loss of 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 it from the
District Engineer or the District Engineer may cause such
work to be done and the reasonable cost thereof shall
constitute a lien upon the property; and Owner shall
provide a security bond in a mutually agreed upon amount
equal to the estimated cost of the work of removing the
encroachment for the term of the encroachment.
2 5/10/91 rev.
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(E) The Owner shall maintain a policy of liability insurance
4.
-,11ee1: HtlHD¥!Pt> 7'/fOtl.S./11/iO (36 0 ~0 ,.,oo.o_!}
in an amount of at least e · · ,Q.Q-G--}
naming the District as an additional insured in order to
protect the District from any potential claims which may
arise from the encroachment.
Entire Agreement. This Agreement constitutes the entire
agreement between the parties witli respect to the subject matter
hereof and supersedes and replaces all other agreements, oral or
written, between the parties with respect to the subject matter.
5. Notices. Any notice which is required or,may be given
pursuant to this Agreement shall be sent in writing by United
States mail, first class, postage pre-paid, registered or certified
with return receipt requested, or by, other comparable commercial
means and addressed as follows:
If to the District:
Carlsbad Municipal Water District
5950 El Camino Real
California 92008
If to the Owner:
p;c. J/;;,eo .1 .. Jo N c~
which addresses may be changed from time to time by providing
notice to the other party in the manner described above.
6. Waiver. District's consent to or approval of any act or
omission by Owner shall not constitute a waiver of any other
default by Owner and shall not be deemed a waiver or render
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unnecessary District's consent for approval to any subsequent act
of Owner. Any waiver by District of any default concerning the
same or any other provision of the Agreement.
7. Successors and Assigns. This Agreement shall be binding
and inure to the benefit of the parties hereto and their respective
legal representatives, successors, and assigns. Owner agrees to
incorporate this agreement by reference in any subsequent deed to
the property, but any failure to do so does not invalidate this
provision.
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.
IN WITNESS WHEREOF,
Agreement on this /9 ~
ATTEST:
ALETHA L. RAUTENKRANZ
Secretary
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
General Counsel
the parties hereto have executed this
day of ~ , 192.L_.
BY:~~
~~~
"OWNER"
CARLSBAD
DISTRICT
MUNICIPAL WATER
By: ____________ _
CLAUDE A. LEWIS
President
(Notarial acknowledgement of execution of Owner must be attached)
4 5/10/91 rev.
r: STATE OF CALIFORNIA } ss. l' COUNTY OF Los lmgeles
I: On December 18, 19 91 before me, the undersigned, a Notary Public in and for said State, ~ 11 ~ Richard I. Jones and Lillian J. Jones · T : persona y appeareu--"'-"-":.=-==c=---==-=-----'=--=:..::.::.=...c"---...c..c.;--'-'------------------,
Ill a:
Ill :c ~ -------------------------------~ personally known to
~ me ( or proved to me on the basis of satisfactory evidence)
Iii· to be the person___S____whose nalTle S are s•,bscribed
J, to the within instrument and acknowledged thFlt they
T executed it. r ;;~~~~:~
Equal Opportunity Employer -M/F /H -Equal Housing Lender (This area for official notarial seal)
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