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HomeMy WebLinkAboutPR 03-76; Buffini, John and Joan; 2014-0129278; Encroachment AgreementTf RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2014-0129278 llllllllllllllllllllllllllllllllllllllllllllllllllllll Illlll APR 02, 2014 3:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 38.00 PAGES: 8 ill SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-390-24-00 ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Bufflni Residence PR 03-76 RIGHT-OF-WAY PERMIT NO.: RW 03-243 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and John and Joan Buffini ("Owner"), in accordance with Chapter 11.16 ofthe Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 2928 Cacatua Street, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-390-24-00, 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 public street and utilities 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 paving to remain in a portion of the public street and utilities 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 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 12/24/97 (0) 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 Aqreement. 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 John and Joan Buffini City of Carlsbad 2928 Cacatua Street 1635 Faraday Avenue Carlsbad CA 92009 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 Hi/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 12/24/97 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 I ' day of gjtMiny^i^ . 20_0J_. OWNER By: (Sign here) John Buffini (Print name here) (Sign Joan Buffini (Print name here) APPROVED AS TO FORM: CITY OF CARLSBAD By: HreVB-R HURRS, R&. Pubtic-Worko Dirootor TA/riUj^ tiJOh>^tll7)m tDAi^(^C,lfL RONALD R. BALL City Attorney By: City Attorney^ H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 12/24/97 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Saj\r\ lN\~<pgj p On before me, CeC-eVia. p-t^lO^ <j(^2, Ayofa/y Pulalik. /"Horn inceirt- t-ini-tto anA (-itio r\f iha r\^-fii-*ar\ * (Here inseit name and title of the officer) personally appeared "^gSQto S. Cycl^'^^k' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(8^ is/ate-subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in his/her/their authorized capacity(ie8-), and that by his/hep/thetr signature(.s^ on the instrument the person(s), 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) CECELIA FERNANDEZ Commistion # 199635S Notary PubHc • Caiifomia San Oiogo County » ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgmenl completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached lo that document. The only exception is if a documenl is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Piease check the document carefully for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/thoy, is /afe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com State of California County of San Diego ) On before me, 9^heC(^ . 5uch en A^^Wy ?l)U(c. (Date) (Name, Title of Officer) personally appeared JoKn ^U^CirM d\ C^car^ Sv'ff/h i' , (Name[s] of Signer[s]) personally known to me - OR- (egrproved 10 me uii 11 le basis of satisfactoryevtdef^eefto be the person(s) whose name(s) js/are subscribed to the within instrument and acknowledged to me that he/»be/they executed the same in Wsithef/their authorized capacity(res), and that by his/hef/their 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 gnature of Notary OonNnMon # 140112S Moioiy P^itolc * OoMoffilQ (This area for official notary seal) Title or Type of Document. Date of Document Signer(s) other than named above No. of Pages H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHER/ENCROACHMENT AGREEMENT REV. 12/24/97 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Lot 578 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of Califomia, according to the map thereof No. 7076, filed in the office of the County Recorder of San Diego County, October 6, 1971 EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT Public Street and Utility as dedicated on La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of Califomia, according to the map thereof No. 7076, filed in the office of the County Recorder of San Diego County, October 6, 1971 LOCATION MAP NOT TO SCALE HOUSE \ AREA OF ENCROACHMENT (DECORATIVE PAVERS) DRIVEWAY 1 1!- SIDEWALK CACATUA STREET PROJECT NAME 2928 CACATUA STREET APN 215-390-24 PROJECT NUMBER PR03-76 EXHIBIT DRAWN BY: SCOTT EVANS. CARLSBAD EUaNEERING DEPT. 10/22/03 C:\DEVELOPMENTPROJECTS\PR03-76.DWC