The URL can be used to link to this page

Home My WebLink AboutPR 01-43; Stanford, Robert J. & Cynthia S.; 2001-0505446; Encroachment AgreementRECQXIING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. ,/’ Carlsbad, CA. 92008 DOC # 2001-0505446 JUL 20, 2001 2:23 PM OfTICIAL REalRDS SAN DIEGO CUMY REURDER’S OFFICE GREGORY ;~$H, callfyEmDER : , SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 215-790-01-00 PROJECT NO. & NAME: PR 01-43 Sfanfokii ties. ” ’ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and ROBERT J. STANFORD AND CYNTHIA S. GARRETT- STANFORD, (“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 1369 Shorebird Lane, Assessor’s Parcel Number 215-790-01-00, and more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner’s property for general utility and street access 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 the following: approximately f 5’ of 2.5’ high wall to remain in the general utility and access 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 ail 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. MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 (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 City of Carlsbad 1635 Faraday Ave. Carlsbad CA 92008 Mr./Mrs. Robert Stanford 1369 Shorebird Ln. Carlsbad CA 92009 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. City’s consent to or approval of any act or omission by Owner shall not Waiver. 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 Assions. 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. Ill Ill Ill Ill MASTERS/FORMS/ENCROACHMENT AGREEMENT 2 REV. 12!24/97 I ’ , . 8. Capacitv. 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, this parties hereto have executed this Agreement on this j.s-@-- day of ytiy& ,2001 . OWNER CITY OF CARLSBAD Robert J. Stanford and . By: &&wZ-- @+&&& F. LLOYD KHUBB*P.E. ? i?-QQku$b Public Wks Dir.lCity Engineer By: ,’ _ 1 b&&4-0 @nthia S. Garrett-Stanford APPROVED AS TO FORM: qity Attorney I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 State of California County of San Diego 1 On fiKg,6Dfl (Date) ’ before me, )&c~=%J@ /$%%b%/ f%%w (Name, Title of Officer) 1 personally appeared STSfiNfAd 0’ cw 73wJ%&i (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) #/are subscribed to the within instrument and acknowledged to me that ktfshelthey executed the same in -r/their authorized capacity(ies), and that by hirncherltheir signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal COMM. 61299548 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. W24i97 EXHIBIT “A” Lot 30 of Carlsbad Tract No. 90-31 Area 28, Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13368, as filed in the Office of the County Recorder of San Diego County, November 8, 1996. EXHIBIT “B” Approximately f 5’ of 2.5’ high wall to remain in the general utility and access easement granted to the City of Carlsbad, as shown on Parcel Map number 13368, 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 November 8, 1996. NOT 10 SCALE HOUSE AREA OF ENCROACHMENT 2.5’ HIGH WALL PROJECT NAME APN 215-790-01 _ .._ .-. PROJECT EXHIBIT NUMBER PROI- C :VANS. L :AHI tNGlNttRING 5/l//01 C: \DEVELOPMtNI PRUJECTS\PROI-43.DW