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Home My WebLink AboutPR 05-136; Klosterman, Edward & JoAnne; 2006-0014493; Encroachment AgreementDQC# 2006-0014493 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JAN 09, 2006 8:40 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 28.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-140-34 PROJECT NO. & NAME: Klosterman Residence PR 05-136 RIGHT-OF-WAY PERMIT NO.: RW 05-361 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Edward Klosterman and JoAnne ^Htr Klosterman, Trustees of the Klosterman Family Trust Dated December 8, 1995 ("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 2685 Ocean Street, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-140-34, 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 purposes 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 driveway pavers to remain in a portion of the public 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. 1 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 (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 Edward & JoAnne Klosterman City of Carlsbad 2685 Ocean St 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 HI/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 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. y_/)IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 2 ~ day of OWNER: Edward Klosterman and JoAnne A.R. Klosterman, Trustees of the Klosterman Family Trust Dated December 8, 1995 tSignHere) Edward Klosterman, Trustee (Print Name and Title) JoAnne (Sigji Here) ". Klosterman, Trustee (Print Name and Title) RONALD R. BALL City Attorney By: Deputy City Attorney CITY OF CARLSBAD By: GlennPriJifm City Engineer H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California \ County of ^L^J J)l^A & 'J On vej£Mrinef's23. £06$ before me. ^> Da'e ~ ~~D 1 /personally appeared \\OV)&/\ J • ^^^ — AAfiftAAA _1 NBMOA ^k Ji^^JjMi CommMton 4>182831S 1 I ^BB^MyComm.Expli««Mow23.200l§ Place Notary Seal Above }SS. i i A (umur/i..V N^dinR UoVauvu TW-DHC .Name and Title of Officer (e.g , "Jane Doe, Nota/y Public") [jLWJlb _l Name(s) of Signer(s) ^personally known to me D proved to me on the basis of satisfactory evidence to be the person(e) whose name(s) is/afe- subscribed to the within instrument and acknowledged to me that he/oho/they executed the same in his/her/their authorized capacity(i«6), and that by his/h«f/ttwir signature^ on the instrument the person(s), or the entity upon behalf of which the person(»)- acted, executed the instrument. WITNESS my hand and official seal. ~ SignatufeTO Notary^ublic rir\Li A i "\Thougft the information below is not required by law, it may prove valuable to persons relying on the document ^s. and could prevent fraudulent removal and reattachment of this form to another document. Descriptibivof Attached Document Title or Type of Dscument: Document Date: ^^ Siqner(s) Other Than Named AboveN^ \Capacity(ies) Claimed by Signer ^x Signers Name.— ^ .....LJ Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Siqner Is Representing: Number of Paaes: s. \ ^^Btl3?[r^J3:^^H Top of thumb here \^ ^^ O 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • vwnv.nationalnotary.org Reorder: Call Tdl-Free 1-800-876-6827 State of California County of San Diego On —~~ (Date) personally appeared (Name[s] of Signerfs]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person® whose name(^ iSfere subscribed to the within instrument and acknowledged to me that tts£s1se/they executed the same in Tvsyti&r/their authorized capacity<T§s), and that by hi^heji/their signature^) on the instrument the persoitjs^ or entity upon behalf of which the personfsS acted, executed the instrument. 1 WITNESS my hand and official seal OFFICIAL SEAL CHRISTIWAYMIRE iNQTARY PUBLIC-CALIFORNIA g'COMM. NO. 1622761 5? SAN DIEGO COUNTY | MY COMM. EXP. DEC. 04 2009 \ Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document LJJ@ Signer(s) other than na~med above.n H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 Exhibit A Legal Description of Property Lot 24 in Block "A" of Hayes Land Company Addition to Carlsbad Map No. 2, in the City of Carlsbad, County of San Diego, State of California according to map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4, 1909 Excepting therefrom the Northeasterly 5.00 feet conveyed to the City of Carlsbad for Public Street Purposes by Document No. 74-152823 Exhibit B Legal Description of Easement Ocean Street, a public street as dedicated as part of Hayes Land Company Addition to Carlsbad Map No. 2, in the City of Carlsbad County of San Diego, State of California according to map thereof No. 1221, filed in the office of the County Recorder of San Diego County, November 4, 1909. Together with that portion dedicated by document 74-152823, filed in the office of the County Recorder of San Diego County, June 10, 1974. LOCATION MAP OCEAN STREET AREA OF ENCROACHMENT (DECORA TIVE PA VERS) 1 rnrr nr PA&FNT™ VLMLN ' ~]ft- ! SCALE 1" = 20' I1 i 1 1 1 1 1 1 HOUSE \ i ii i i i i w PROJECT NAME ENCROACHMENT FOR MR & MRS. KLOSTERMAN APN 203- 140-34 PROJECT NUMBER PROS- 136 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 11/15/05 C:\DEVELOPMENTPROJECTS\PR\PR05-136.DWG