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HomeMy WebLinkAboutPR 08-09; Lopez, Miguel A.; 2008-0153888; Encroachment AgreementDOC# 2008-0153888 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 .** MAR 24, 2008 12:29 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 30.00 PAGES:8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-150-33 PROJECT ID: PR 080009 PROJECT NAME: Lopez Residence RELATED PROJECT ID: RELATED PROJECT ID: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Miguel A. Lopez ("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 3002 Garboso St within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 223-150-33, 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 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, pilasters, wall & step 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:\PR080009-LOPEZ.doc REV. 07/26/07 5256 (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 Miguel A. Lopez City of Carlsbad 3002 Garboso 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:\PR080009-LOPEZ.doc REV. 07/26/07 5257 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 /7//r*U'--/f , 2QcS . OWNER By: (Sign Here) /r? t false f /4 , (Print Name Here) By: (Sign Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney F:\PR080009-LOPEZ.doc REV. 07/26/07 5258 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On <£-££'€£> Date personally appeared before me, Here InserfTCame and Titte of the Officer iQc^ flr\Ae^ L-cpe.2- ~J ^J r Name(sName(s) of Signer(s) SHEILA RENAE COHAN Commission #1539531 Notary PubBc - CaWomta San Diego County My Cornea Expires Dec 3a who proved to me on the basis of satisfactory evidence to be the person^ whose name(8)3§2afe-subscribed to the within instrument and acknowledged to me that (jie/she/HTey executed the same in(6isfoor/thGir-authorized capacity^es); and that bvChj|/her/tneir signature^ on the instrument the person^ or the entity upon behalf of which the person(sfacted, 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 Notary PDbtfc 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 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 5259 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT €g^3jg&efi@se&g&BegjaejS@age)§eg^ State of California County of f)CX\ ^Diflfl 0 On TTDate personally appeared _ Here Insert Name and Title otfthe Office Name(s) of Signerjs) ROSE S. FONSECA F Commission # 1773529 Notary Public - California | San Diego County who 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 the entity upon behalf of which the person(s) 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. Place Notary Sea! Above WITNES^jny^Hand and pfficial^aj . ^J-Signature _ OPTIONAL Signatun 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 tlT^x /—> i/ Title or Type of Document: Document Date: . ^Y | 2 /. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's \ Individual LJ Corporate Officer — Title(s): '.: Partner— Limited : General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Signer's Name: . Individual Corporate Officer — Title(s): Partner — Limited .'.. General . Attorney in Fact ... Trustee _ Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing:, ?£^?^(?^<2ti<3<-3<?t;<?$i^^5<2S=;<jfei$jt;$? ©2007 National Notary Association • 9350 De Solo Ave.. RO. Box 2402 • Chatsworth. CA 91313-2402- WWW NationalNotary.org Item »5907 Reorder Call Toll-Free 1-800-876-6827 5260 EXHIBIT A Lot 143 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 7457, filed in the Office of the County Recorder of San Diego County, October 18, 1972. APN: 223-150-33 5261 EXHIBIT B A portion of Garboso Street as shown on La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 7457, filed in the Office of the County Recorder of San Diego County, October 18, 1972. LOCATION MAP 5262 AREA OFENCROACHMENT AREA OF ENCROACHMENT (DECORATIVE PAVERS) GARBOSO ST. PROJECT NAME ENCROACHMENT FOR LOPEZ RESIDENCE PROJECT NUMBER PR08-09 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 2/14/08 C: \DEVELOPUENT PROJECTS\PR\PR08-09.DWG