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HomeMy WebLinkAboutPR 08-16; Anderton, Robert L and Martha W; 2008-0311248; Encroachment AgreementRECORDING 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 DOC# 2008-0311248 JUN10,2008 10:43 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH, COUNTY RECORDER FEES: 33.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-410-01-00 PROJECT ID: PiZ. O& - I PROJECT NAME: ANDERTON RESIDENCE RELATED PROJECT ID: PR 08-16 RELATED PROJECT ID: RW 08-94 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Robert L. Anderton and Martha W. Anderton, Trustee of the Anderton Family Trust dated September 1, 1980("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 2727 Argonauta Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-410-01-00, 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 and public 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 street 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. H:\Development Services\PROJECTS\PR FILES\PR 08\PR 08-16 Anderton Residence - Ontiveros\ENCROACHMENT AGMT, Rev 1-10- 08.doc (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 Robert L. and Martha W. Anderton City of Carlsbad 2727 Argonauta Street 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 H:\Development Services\PROJECTS\PR FILES\PR 08\PR 08-16 Anderton Residence - Ontiveros\ENCROACHMENT AGMT, Rev MO- OS.doc 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 AW*-y-2.g day of MCL? 206'S . OWNER Robert L. Anderton and Martha W. Anderton, Trustee of the Anderton Family Trust dated September 1, 1*680,' ) n / -~£> By: tJV *• (Sign Here) By Robert L. Anderton (Print Name Here) (Sign Here) Martha W. Anderton (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. "Rauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Services\PROJECTS\PR FII_ES\PR 08\PR 08-16 Anderton Residence - Ontiveros\ENCROACHMENT AGMT, Rev 1-10- 08.doc EXHIBIT "A" PROPERTY LEGAL DESCRIPTION Lot 603 of La Costa Meadows Unit No. 4 in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7367, filed in the Office of the County Recorder of San Diego County on July 19, 1972. PR 08-16 Anderton Residence EXHIBIT "B" EASEMENT A portion of Argonauts Street dedicated for Public Street and Public Utility easement purposes per Map No. 7367, filed in the Office of the County Recorder of San Diego County, July 19, 1972. PR 08-16 Anderton Residence SIDEWALK e NOT TO SCALE PROJECT NAME LOCATION M ARGONAU1AST. W V V 5.5' v \ / ^_,_Jk V' -*n n DRIVEWAY i HOUSE ENCROACHMENT FOR ANDERTON RESIDENCE AP /- / f ^ >*/?fA OF -ENCROACHMENT r . \ PROJECT EXHIBIT NUMBER ^ PR05-f6 ty RAWN BY: SCOTT £V/WS, CAffl.SB/U3 ENGINEERING OEPT. 4/15/08 C:\DEVELOPUENT PROJECTS\PR\PR08-16.DWG CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~ . .County of Yuma On 4/22/2008 before me,Melodee Dunfee Hera Insert fJofe/i/u Name and Titles/I tDate Hera Insert Name and Title df the Officer personally appeared ROBERT L. ANDERTON and MARTHA W. ANDERTON TRUSTEES OF THE Name(s) of Signer(s) ANDERTON FAMILY TRUST DATED SEPTEMBER 1, 1980 OWCMtSEM., __MELODEE DONFa YUMA 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 Seal Above WITNESS my hand and official seal. Signature OPTIONAL - Signature of NotaryPyfiic 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) . Number of Pages:. 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: RIGHT THUMBPRiNTOF SIGNER Top of thumb here 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: RIGHT THUMBPRINT 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:CallToll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _^± OnfrV^ 3fr. » Date personally appeared before me, VWn^ A- Here Insert Name and Title of the Officer ±^L Name(s) of Signer(s) mniaowuv 1 77MM •on D*OP County f • who proved to me on the basis of satisfactory evidence to be the person^ whose name(sTis/ape-^ubscribed to the within instrument and acknowledged to me that he/she/thpyexecuted the same in his/jjefi*ttjeir authorized capacity(i$8)fand that by hiajieflth^signature^on the instrument the person(sV or the entity upon behalf of which the personj»"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..VAJL,•"-A Signature of Notary Public OPTIONAL 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: 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: RIGHT THUMBPRINT 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: RIGHT THUMBPRINT 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:CallToll-Fras 1-800-876-6827 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Teh L. Rowley Commission Number: 1773534 Date Commission Expires: October 15. 2011 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature:City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: Rec. Form #R10 (Rev.7/96)