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HomeMy WebLinkAbout6607; Wilkinson, Robert E; 2008-0311254; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2008-0311254 JUN10,2008 10:43 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 30.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-080-18-00 PROJECT ID: 6607 PROJECT NAME: Wilkinson Residence RELATED PROJECT ID: PR 08-18 RELATED PROJECT ID: N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Robert E. Wilkinson ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 2277 Cameo Road within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 167-080-18-00, and more particularly described as Lot 11 of Chestnut Heights, in the City of Carlsbad, County of San Diego, State of California according to Map No. 5328 filed in the Office of the County Recorder of San Diego County on January 17, 1964. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for water purposes which easement is described in Exhibit "A" attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow a side yard fence and fountain to remain in a portion of the drainage easement. A plat showing the location of the encroachment is attached as Exhibit "B" consisting of two (2) pages attached hereto and 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 H:\Development Services\PROJECTS\PR FILES\PR 08\PR 08-17 Cameo Rd - Ontiveros\ENCROACHMENTAGMT_pr0818.doc (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: If to the Owner: City Engineer Robert E. Wilkinson City of Carlsbad 2277 Cameo Road 1635 Faraday Avenue Carlsbad CA 92008 Carlsbad CA 92008 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. 2 H:\Development Services\PROJECTS\PR FILES\PR 08\PR 08-17 Cameo Rd - Ontiveros\ENCROACHMENTAGMT_pr0818.doc 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, these parties hereto have executed this Agreement on this _ / _ day of OWNER By: (Sign Here) Robert E. Wilkinson (Print Name Here) (Sign Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: _ David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: H:\Development Services\PROJECTS\PR FILES\PR 08\PR 08-17 Cameo Rd - Ontiveros\ENCROACHMENTAGMT_pr0818.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^ On (N^y»ua»^ before me, Date } <kS> CK personally appeared fiop-Q.X"V £ ViJ 1 1 k 1 f\5fc. r> *" Nanfe(s) ofSlgner(s) Here Insert Name and Title of the Officer OFFICIAL SEAL| AMAL ISSA ALBANNA ^iNOTARY PUBLIC-CALIFORNIA55 COMM. NO. 1786414 " SAN DIEGO COUNTY | MY COMM. EXP. DEC. 22,2011 | who proved to me on the basis of satisfactory evidence to be the person(e) whose name(6> is/afe- subscribed to the within instrument and acknowledged to me that he/strathey executed the same in his/her/their authorized capacity(ie9^ and that by histier/llvair signature(s)-on the instrument the person(*)»- or the entity upon behalf of which the person^acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paj^graph is true and correct. WITNESS my hand and official seal Place Notary Seal Above Signature. OPTIONAL - Signature <f NotaTy Public 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: z±-f\f?f O ^ C^ v\ Document Date: <V\CXW — \ - ^.g> Signer^OthorThan-Nciiiiecl Auuve: . Number of Pages:. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ^ State of California •c County of '±_ On In **- Date personally appeared before me,U. &>cO Le Here Insert Name V M* en/ Title of Name(s) of Signer(s) 1WWI I. ftOWLfY Commtoton it 1773834 _ Notary FuMe - California i tan 0*990 County * Place Notary Sea! Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature I fl^-v—$—Signature of Notary Public 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: Document Date: —!Number of Pages::3 r ~> Signer(s) Other Than Named Above: b^ Capacity(ies) Claimed by Signer(s) Signer's Name: Individual i Corporate Officer — Title(s): I Partner— "Limited General : Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: SSiV> RIGHTTHUMBPRINT OF SIGNER Top o! thumb here Signer's Name: Individual Corporate Officer — Title(s): Partner — . Limited General . Attorney in Fact . Trustee Guardian or Conservator :: Other: RIGHTTHUMBPRINT OF SIGNER Signer Is Representing: ©2007 National Notary Association • 9350 Oe Soto Ave. RO Box 2402-Chatsworth.CA 91313-2402-w.-ww.NationalNotary.org Item *5907 Reorder Call Toil-Free 1-800-876-6827 EXHIBIT "A" EASEMENT A 5' Waterline Easement on Lot 11 of Chestnut Heights, in the City of Carlsbad, County of San Diego, State of California according to Map No. 5328 filed in the Office of the County Recorder of San Diego County on January 17, 1964. PR 08-18 Wilkinson Residence LOCATION MAP I ••H ENCROACHMENTtOC4770N 2283 CAMEO RD.3813 EL CAMINO EXISTING 15" CORROGATED METAL PIPE STORM DRAIN ^EXISTING 6" POTABLE WATER PIPELINE 2277 CAMEO RD. i 3817 EL CAMINO REAL an or OCEAMSK VICINITY MAP NOT TO SCALE NOT TO SCALE PACIFICOCEAN PROJECT NAME WILKINSON RESIDENCE 2277 CAMEO ROAD PROJECT NUMBER PR 08-18 EXHIBIT B DRAWN BY: SCOTT EVANS, CAMSBAD ENBNEB8IWJ KPT. 3/11/06 C\CAPtTAL\WWMO\<MIEO MAD 9NKHOE.DWC Page 1 of 2 LOCATION MAP CAMEO RD * o/i*SCALE 1" = 20 PROJECT NAME 5' WATERLINE EASEMENT WILKINSON RESIDENCE 2277 CAMEO ROAD PROJECT NUMBER PR08-18 EXHIBIT B XKN BY: SCOTT EVANS, CARLSBAD ENGINEERING DfPT. 6/02/08 C \DEVELOPUENT PROJECTS\PR\fK08-18.DWG Page 2 of 2