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HomeMy WebLinkAboutPR 07-130; Diehl, Donald S and Frances S; 2008-0311250; Encroachment Agreement2008-0311250 fi \ 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 JUN10,2008 10:43 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J. S MIT H. CO LJ N T Y R E CO R D E R FEES: 33.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-481-50 PROJECT ID: PR 070130 PROJECT NAME: Diehl Residence RELATED PROJECT ID: RELATED PROJECT ID: RW 070513 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Donald S. Diehl and Frances S. Diehl, as Trustees, under the Donald S. Diehl and Frances S. Diehl Trust Agreement, Dated September 16, 1997 ("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 2016 Saliente Way within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 216-481-50, 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 road and utility 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 pavers to remain in a portion of the public road and utility 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:\PR070130-diehl.doc REV. 07/26/07 (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 Donald S. & Frances S. Diehl City of Carlsbad 2016 Saliente Way 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:\PR070130-diehl.doc REV. 07/26/07 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 garties hereto have executed this Agreement on this _ day of OWNER By: By: _ _ignHere) elk, (Print Name Here) (Sign Here) c^SA^ El-k '(Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: _ David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney F:\PR070130-diehl.doc 3 REV. 07/26/07 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, vf.Here Insert Name and Title of . (he Officer Name(s) of Signer(s) OFFICIAL SEAL FAITH A. QOINSNOTARY. PU eyp-CAUK).8NIA Place Notary Seal Above who proved to me on the basis of satisfacjpry evidence to be the persorj^afwhose name^Tfe/fe^subscribed to the "pin instrument and acknowledged to me that fcecuted the s>me in^j^peT3h§iTauthorized that b^TA^erf^yirS^nalure{^ar\ the instrument the person^Tcr the entity upon behalf of which the personj^Scted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand Signature OPTIONAL Though the information below is not required by law, it may prove valuable^persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINTOF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., RO. Box 2402 •Chatsworth.CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SflLT\ JA On 0 Q.^flff before me, Date1 . personally appeared S- Pic hiers Insert Name and Title U the Officer Name(s) of Signer(s) WANNA K.DUtS COMM. *1494844 Notary Public California San Diego County . Expires Jun who proved to me on the basis of satisfactory evidence to be the person^ whose name(#fylpare subscribed to the withjjx instrument and acknowledged to me that he^hpthey executed the sameJn his/her/their authorized capacity (jo<^, and that by his&er/their signature^ on the instrument the persoi)(5), 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of f / Public Though the 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. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. D Individual -Title(s):D Corporate Officer • D Partner — D Limited D General D Attorney in Fact Trustee Guardian or Conservator D D RIGHT THUMBPRINT OF SIGNER Top of thumb here D Other:. Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited O General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINTOF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Solo Ave., P.O.Box 2402 • Chatsworth, CA 91313-2402 • www.NatlonalNotary.org Item #5907 Reorder: Call Toll-Fiee 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^^K 0 On WA^ SXo Ooo | Date1 personally appeared I S before me. i g^-vE I— £ou) Ufy M^T^w Xx^uc- . Here Insert Nande and Title of the Officer v Name(s) of Signerjs} IIMil.ROWLfY Owrnittwton* 177MS4 Notory PuWte • CoNfofnk) Place Notary Sea! Above who proved to me on the basis of satisfactory evidence to be the person^sf whose name(s)' is/afersubscribed to the within instrument and acknowledged to me that he/sjae'/tbey'executed the same in his/ljef/rh^ir'authorized capacity{jes}r, and that by his/bef/thpir'signature{^'on the instrument the person^ 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 California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature li/w^L. L- OPTIONAL Signature of Notary Public Though the 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. Description of Attached Document Title or Type of Document: _&^^r~ Document Date: A (^NTT Number of Pages: 5* f f- Signer(s) Other Than Named Above: _I:±_L Capacity(ies) Claimed by Signer(s) Signer's Name: Individual ; Corporate Officer — Title(s): Partner — " Limited , General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top o! thumb here Signer's Name: Individual Corporate Officer — Title(s): Partner — . Limited General Attorney in Fact Trustee Guardian or Conservator Other: RIGHTTHUMBPRINT' OF SIGNER Signer Is Representing: l^$v&&*zj!y$;2{y{;& ©2007 National Notary Association • 9350 De Soto Ave.. PO Box 2402 • Chatsworth, CA 91313-2402• www.NalionalNotary.org Item *5907 Reorder Call Toil-Free 1 -800-876-6827 Exhibit A Lot 48 of Carlsbad Tract 75-7, (Green Valley Knolls), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8379, filed in the Office of the County Recorder of San Diego County, September 14, 1976. APN 216-481-50 Exhibit B A portion of Saliente Way as shown on Carlsbad Tract 75-7, (Green Valley Knolls), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8379, filed in the Office of the County Recorder of San Diego County, September 14, 1976. 5 --R-