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Home My WebLink AboutPR 06-81; Hopson, William R & Maureen M; 2006-0557337; Encroachment Agreement5143 $ if P:°c# 2006-0557337 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 AUG07, 2006 12:34 PM OFFICIAL RECORDS r^'rPnn ° i:°UNTY RECORDER'S OFFICELiREQOR-rM. SMITH, COUNTY RECORDER FEES: 28.00 PAGES: a 2006-0557337 SPACE ABOVE THIS LINE FOR RECORDER'S USE 223-230-12ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Hopson Residence PR060081 RIGHT-OF-WAY PERMIT NO.: N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and William R. Hopson and Maureen M. Hopson ("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 3251 Piragua St., within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 223-230-12, 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 tree planting/general utility and access 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 walls to remain in a portion of the tree planting/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 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. F:\HOPSON ENCROACHMENT doc REV. 011/18/2005 5144 (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 Mr & Mrs Hopson City of Carlsbad 3251 Piragua St 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 F:\HOPSON ENCROACHMENT.doc REV. 011/18/2005 5145 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 Ce day of ^S<*Ao^ , 20 Gig . OWNER William1 R.'Hopsb'rT' By: Maureen M. Hopson CITY OF CARLSBAD By:/?. l> P8UIM,GLENN Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney, By: Deputy City Attorney F:\HOPSON ENCROACHMENT.doc REV. 011/18/2005 5146 State of California County of San Diego On lQ(o before me, (Date)(Name, Title of Officer) personally appeared U)i UiCliw l£- Ht)(Q£o/\ *4 /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) is/are subscribed to the within instrument and acknowledged to me that he/she/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 fBETHDELONQ COMM. #1658970 2 NOTAflYPUBUCCMJFOflNIA *i SAN 01600 COUNTY 5 „ (This area for official notary seal) Title or Type of Document £j^cro*icUyti.eiA^' Date of Document I k fO Signer(s) other than named above No. of Pages * 1 e,r\r\ Pr uv> /w P. £ . F:\HOPSON ENCROACHMENT.doc REV. 011/18/2005 State of California County of San Diego 5147 ) 1(^200 fe before me. (Date) personally appeared (Name, Title of Officer) (Name[s] of Signer[s]) j B-j5ersonally known to me -OR - D (proved to rne-orHhe basts-ef-satisfa€toQc^YJdejDce). to be the person^} whose is/afe-subscribed to the within instrument and acknowledged to me that executed the same in his/hor/thofr authorized capacity(ies)T and that by his/hw/thoir signature^ on the instrument the person^, or entity upon behalf of which the person^ acted, executed the instrument. H^WITNESS my hand and official seal BELINDA R. GUZMAN Commission #1565777 Notary Public - California Son Diego County ^yComm. Expires Mar 31' I1.2009> • 9 I Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages F:\HOPSON ENCROACHMENT.doc REV. 011/18/2005 5148EXHIBIT A Lot 439 of Carlsbad tract 72-20 La Costa Vale Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7950, filed in the Office of the County Recorder of San Diego County, June 3,1974. 5149 EXHIBIT B A portion of the public street and public utility/tree planting easement of Piragua Street as dedicated per Carlsbad tract 72-20 La Costa Vale Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7950, filed in the Office of the County Recorder of San Diego County, June 3, 1974. 5150 1 ; ! , it 'i l boozt VP 'avasnavo19 vnovaid isze 3ON3<3I93^ NOSJOH NVId 31IS «iind U!h