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HomeMy WebLinkAboutPD 06-04; Brown, Michael Allen and Elaine Lee; 2008-0254599; Encroachment AgreementV1 RECORDING 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# 2008-0254599 MAY 12, 2008 4:01 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 33.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-210-13 PROJECT ID: PD 06-04 PROJECT NAME: BROWN RESIDENCE RELATED PROJECT ID: PR 08-11 RELATED PROJECT ID: DWG 441-2A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Michael Allen Brown and Elaine Lee Brown, ("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 3551 Highland Dr. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 205-210-13, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for street and utility easement which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow decorative concrete pavers to remain in a portion of the 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 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) loss or damages to property and (2) injury to or death of persons. 1 F:\FARMER\KATHY\ENCROACHMENTS\BROWNAGMT, Revised 1-10-08.doc (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 Michael and Elaine Brown City of Carlsbad 3551 Highland Dr 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 F:\FARMER\KATHY\ENCROACHMENTS\BROWNAGMT, Revised 1-10-08.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 WJTNESS WHEREOF, these parties hereto have executed this Agreement on this L(#ri^ day of OWNER Michael Allen Brown and Elaine Lee Brown, Trustees of the Brown Family Trust dated September 25, 2002 By: By: (Sign Here) MICHAEL ALLEN BROWN (Print Name Here) (Sign Here) ELAINE LEE BROWN (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer, David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney F:\FARMER\KATHY\ENCROACHMENTS\BROWNAGMT, Revised 1-10-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On "^ I 2-(SL\Cfl Date personally appeared before me, \- P.S\\CL } tea ?^ (V Lffie2^ Insert NameHere 111 :fiuNy\ av>> Name(s) of Signerjs) who proved to me on the basis of satisfactory evidence to be the personjsj^whose name^s) jg7are subscribed to the within instrument and acknowledged to me that te/sbe/thev. executed the same in bfe/ber/thek authorized capacity(ies), and that by t»g/h«rr/their signaturefsj. on the instrument the person^sj, 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 paragraph is true and correct. WITNESS my hand and officiaLseal.' - - Place Notary Seal Above Signatu OPTIONAL Though the information below /s 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:. Signer(s) Other Than Named Above: 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.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 F:\FARMER\KATHY\ENCROACHMENTS\BROWNAGMT, Revised 1-10-08.doc GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Leslie Ann Lopez Commission Number: 1583914 Date Commission Expires: June 2. 2009 County Where Bond is Filed: Riverside Manufacturer or Vendor Number: VS11 (Located on both sides of the notary seal border) Signature: 0 City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: Date Rec. Form#R10(Rev.7/96) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, personally appeared Here insert Name and Tine of ,f me Officer Name(s) of Stgner(s) who proved to me on the basis of satisfactory evidence to be the person(sf) whose name(s^ is/arfe subscribed to the within instrument and acknowledged to me that he/sXe/th^y executed the same in his/he'r/ttfeir authorized capacity^), and that by his/h/r/their signature^on the HME I. tOWlfY 1 NOVOfy FUDNC * CONfOffWEI • Son 01*00 County 2 instrument the person(£j, 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 paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature 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: o Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual ; Corporate Officer — Title(s): '." Partner— :: Limited .. General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top o? thurnb here Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited .. General ._ Attorney in Fact :.... Trustee Guardian or Conservator 2 Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER ©2007 National Notary Association • 9350 De Soto Ave. P.O Box 2402 • Chatsworth, CA 91313-2402-www.NationalNotary.org Item S5907 Reorder Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION That portion of Tract 240 of the Thum Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1681, filed in the Office of the County Recorder of San Diego County, December 9, 1915, described as follows: Beginning at a concrete monument at the point of intern of the center line of Highland Street and the center line of Chestnut Avenue, running thence along said center line of Highland Street South 28°39' East, a distance of 203.0 feet to the True Point of Beginning; thence Sough 61°21' West parallel with the Northwest line of said Tract 240, a distance of 240 feet; thence Sough 28°39' East parallel with the center line of Highland Street, 137.00 feet; thence North 61 °21' East parallel with the Northwest line of said Tract 240, a distance of 240 feet to the center line of Highland Street; thence North 28°39' West along said center line, 137.0 feet to the True Point of Beginning. EXHIBIT "B" EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map number 1681, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, on December 9, 1915. LOCATION MAP AC CURB HIGHLAND DR. AREA OF ENCROACHMENT (DECORATIVE PAVERS) PROJECT NAME ENCROACHMENT FOR BROWN RESIDENCE PROJECT NUMBER PR08-11 EXHIBIT DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3/20/08 C: \PEVELOPUENT PROJECTS\PR\PR08-11.DWG City of Carlsbad Engineering Department DMS Data Entry Form Document Class: Recorded Agreement *APN(s): 205-210-13 *ProjectlD: PR 08-11 *Related Project ID(s): PD 06-04 agpas*^*— *Project Name: BROWN RESIDENCE *Property Owner: MICHAEL AND ELAINE BROWN *Recorded Agreement Type: *FileNo.: S22J-50 Hard Copy Location: Clerk's Encroachment Agreement K< Vault **Recordation Number: sep Until Date: 01/01/9999 Permanent?: YES **Recordation Date: * Project Engineer to fill in Data ** City Clerk to fill in Data Document Certificate of Compliance Deed Restriction Drainage Fee Payment Agreement Encroachment Agreement Hold Harmless Agreement - Drainage Hold Harmless Agreement - Driveways Hold Harmless Agreement - Geological Hold Harmless Agreement - Panhandle Neighborhood Improvement Agreement Notice of Violation Petition for Assessment District Formation Permanent Stormwater Quality BMP Maintenance Agreement Reimbursement Agreement/Release Release a Lien SDG&E Joint Use Agreement Subordination Agreement Recorded Agreement Type Certificate of Compliance/Non Compliance Deed Restriction Drainage Fee Agreement/Release Encroachment Agreement Hold Harmless Agreement/Release Hold Harmless Agreement/Release Hold Harmless Agreement/Release Hold Harmless Agreement/Release Future Improvement Agreement/Release Notice of Violation/Release Petition and Waiver Storm Water BMP Maintenance Agreement Reimbursement Agreement/Release Joint Use Agreement Subordination Agreement File Number 0500-05 0775-50 0770-50 0700-55 0700-55 0700-55 0700-55 0700-50 0500-15 1065-30 0775-50 0770-63 0775-50 0775-50 H: Development Services\MASTERS\FORMS -\DMS Data Entry Forms\DMS Recorded Agreements Data Entry Form rev l-09-08.doc 1/8/08