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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. 2 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