The URL can be used to link to this page

Home My WebLink AboutPR 05-137; Patton, Michael D & Karen G.; 2006-0014492; Encroachment AgreementDGC# 2006-0014492 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 203-140-33ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Patton Residence PR 05-137 RIGHT-OF-WAY PERMIT NO.: RW 05-361 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Michael D. Patton and Karen G. Patton, Trustees of the M/K Patton Family Trust established May 22, 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 2687 Ocean Street, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-140-33, 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 Michael and Karen Patton City of Carlsbad 2687 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 H:/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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this day of UJLz. , 20 &T . OWNER: Michael D. Patton and Karen G. Patton, Trustees of the M/K Patton Family Trust established May 22, 1995 By: (Sign Here) Michael D. Patton, Trustee (Print Name and Title) By: (Sign Here) Karen G. Patton, Trustee (Print Name and Title) RONALD R. BALL City Attorney Deputy City Attorney CITY OF CARLSBAD By: X*KT Glenn Pruim City Engineer H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/1 5/2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT <*s<xx<G&3<;*5Vfy& State of C County of personally < /&£f pB ^^Though tr \Descriptic Title or Typ Document 1 Signer(s) O Capacity( Signer s Na D lndividu< D Corpora D Partner D Attorney D Trustee D Guardia D Other: Signer Is R< :«e«<3<5c<5w«s<^x^5ee*>e<5s^ alifornia 1 •^ r» r SSi Jkm** before me-^W l.^KK d^ tilol.0 Date ' _ Name and Title of Officer (e.g., 'Jalfie Doe. Notary^blic") aooeared nokBVT J- lOfilC,! \b J Name(s) of Signer(s) [HLpersonally known to me D proved to me on the basis of satisfactory evidence foi Commission* 1528315 | subscribed to the within instrument and fefi Notary PuMtc • Cimomia ? acknowledged to me that h6/sbc/thcy executed W) SanDle9oC^!lonn.l the same in his/bef/tbeir authorized ^^n^xpjre^^TOOal ^rnritvft-) irH thnt hy hi-'hrrrthrir signature(s) on the instrument the person(e}; or the entity upon behalf of which the person(9)- acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above SignalG^ of Norary Public V _,..„,.,, r\mir\M A i e 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. Jrx^fAttached Document 3 of Do^Mtnent: \ Date: ^x^ Number of Paaes: ther Than Named Above: ^^^ \ es) Claimed by Signer ^\^ i ^- ^•'liRMJRi^B ^^^ Top of thumb here te Officer — Title(s): ^^^ — D Limited D General ^X. in Fact ^^ n or Conservator ^v. jpresentina: ^ y&Gxy<2&G&G^&y<2<3<2&sxy<£&Qxys^<^^ O 1999 National Notaty Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 State of California ) ) County of San Diego ) On before me, (Date)7 (Name, Title of Officer) personally appeared /TlAtAjLiJ/^J). r*J&ff*^> &*£- (Name[s] of Signer[s]) personally known to me - OR- (or provod to mo on the Ua&it. uf i»ai evidence) to be the person(s) whose name(s)-ie/are subscribed to the within instrument and acknowledged to me that he/s^/they executed the same in -his/her/their authorized capacity(ies), and that by his/her/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 Signature of Notary Mokvy ft/Mc • CoMoMB Onne» County (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages HI/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/1 5/2002 Exhibit A Legal Description of Property Lot 25 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 S 5 \ LUAREA OF CQ EDGE OF ENCROACHMENT .PAVEMENT OCEAN STREET (DECORAT,VE PAVERS) / \ 1 / L IDr "^ £ 1 1 1 NV. SCALE 1" = 20' 111 < 25' > DRIVEWAY (, HOUSE i W 1 1 i i I' PROJECT NAME ENCROACHMENT FOR PROJECT EXHIBIT MR. & MRS. MICHAEL PA TTON NUMBER p APN 203- 140-33 PR05-137 ^ DRAWN BY: SCOTT f VANS, CARLSBAD ENGINEERING DEPT. 11/15/05 C:\DEVELOPUENTPROJECTS\PR\PR05-137.DWG