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Home My WebLink AboutPR 04-102; Lancial, Ronald S. & Joan P.; 2004-1201091; Encroachment AgreementDOC # 2004-1 201 091 Y RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 DEC 21,2004 4:45 PM OFFICIAL RECORDS 54t.1 CllEGCl COUNTY RECORGER'S OFFICE GREGORY J SMITH, COUNT?' RECORDER FEES 0 uu 9 FAG E S SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: 156-1 52-46 PROJECT NO. & NAME: PR 04-1 02 2807 CREST DRIVE RIGHT-OF-WAY PERMIT NO.: RW04374 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Ronald Scott Lancial and Joan Palomino Lancial, husband and wife as community property ("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 2807 Crest Drive, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 156-1 52-46, 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 street right-of-way purposes for Crest Drive which easement is described in Exhibit "Bt attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow concrete pavers, retaining walls, drain pipe and inlet, steps and landscaping to remain in a portion of the street 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. The Owner must remove or relocate any part of the encroachment within ten (IO) 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. 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. Entire Anreement. 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 Avenue Carlsbad CA 92008 Ron Lancial 2807 Crest Drive 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 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 WlTN SS WHER F, this parties hereto have executed this Agreement on this 7 day of 5ehA%( 20 Oq OWNER: Ronald Scott Lancial and Joan CITY OF CARLSBAD Palomino Lancial, husband and wife as community property c By: ,,%<"E& City Engineer - By: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: &#@y Attohe$ 3 State of California 1 1 County of San Diego 1 On /d 7- 0 before me, I (Date) (Name, Title of Officer) I personally appeared &&cia[ &ame[s] of ~igner[sl) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) Mare subscribed to the within instrument and acknowledged to me that -h&she/they executed the same in his/her/their authorized capacity(ies), and that by hWw7their 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 - Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than nahed above No. of Pages 4 EXHIBIT A Parcel 2 of Parcel Map No. 18957, in the City of Carlsbad, County of San Diego, State of California according to Map thereof filed in the Office of the County Recorder of Said County on May 3,2002 EXHIBIT B That portion of public right-of-way described as Buena Vista Avenue and Crest Drive as shown on Map No. 2169, Wilsonia Tract, recorded August 13, 1929 with the County Recorder of the County of San Diego fionting the following described property: Parcel 2 of Parcel Map No. 18957, in the City of Carlsbad, County of San Diego, State of California according to Map thereof filed in the Office of the County Recorder of Said County on May 3,2002 - HW I 'd'd ,+ / ,LS'88 3,,10,9 L.SC 18' Box Oroin T.G.lffi.66 I.E.185.66 160.87' 9 !-J 1 iki - ,-c 186, I I -1 7,29 L 1 Proiect nane: 2807 Crest Drive I Proiect #PR 04-102 I Exhibit "C" ~ Sheet 2 I R - I.E. 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