HomeMy WebLinkAboutPD 2021-0039; Landers Living Trust; 2021-0768298; Encroachment Agreementmaintenance, 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 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 Agreement. 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 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 City:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
If .to the Owner:
Mark and Melanie Lande~
3536 Calle Gavanzo
Carlsbad CA 92009-8637
which addresses may be changed from time to time by providing notice to the other
party in the manner described above. ·
6. Waiver. City'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 unnecessary City's consent for approval to any subsequent act by
Owner. Any waiver by City of any default must be in writing and shall not be a waiver of
any other 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 deeds 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.
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Q:\CED\LandDev\PROJECTS\PD\PD 2021\PD2021-0039 Landers Residence -Ontiveros\ENCROACHMENT AGMT_PD2021-0039.doc9/5/2014
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 49 of Carlsbad Tract No. 85-05 (Santa Fe Knolls Unit 3) in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No.
11575, filed in the Office of the County Recorder of San Diego County on July
22, 1986.
APN: 223-371-24-00
EAGREE2021-0017
3536 Calle Gavanzo
EXHIBIT "B"
EASEMENT
A public street easement as dedicated per Carlsbad Tract No. 85-05 (Santa Fe
Knolls Unit 3) in the City of Carlsbad, County of San Diego, State of California,
according to Map thereof N·o. 11575, filed in the Office of the County Recorder of
San Diego County on1 July 22, 1986.
EAGREE2021-0017
3536 Calle Gavanzo