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Home My WebLink AboutPR 08-40; Phillips, Jack D; 2008-0514923; Encroachment AgreementDGC# 2008-0514923 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 <7P SEP 30, 2008 11:29 AM OFFICIAL RECORDS 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.: 203-140-13 PROJECT NAME: PHILLIPS RESIDENCE RELATED PROJECT ID: PR 08-40 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and JACK D. PHILLIPS ("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 2665 Ocean St. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-140-13, 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 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 decorative pavers to remain in a portion of the 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. 1 F:\FARMER\KATHY\ENCROACHMENTS\templates.encr\ENCROACHMENTAGMTPHILLIPS.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 4742 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 Jack D. Phillips City of Carlsbad 2665 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 F:\FARMER\KATHY\ENCROACHMENTS\templates.encr\ENCROACHMENTAGMTPHILLIPS.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. A*J A o IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this ^ «-* day of £Uusf 2QQ8 . OWNER JACK D. PHILLIPS CITY OF CARLSBAD (Print Name Here) By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney BV: {WJL Deputy City Attorney ROBERT T. JOHNSON, JR., P.E. City Engineer By: NU. ,«U Txl By: / (Sign Here) <s '—' David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 JACK D. PHILLIPS 3 F:\FARMER\KATHY\ENCROACHMENTS\templates.encr\ENCROACHMENTAGMTPHILLIPS.doc 4744 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT &aS633&®&&8B&86^^ Date personally appeared Name(s) of Slgner(s) LADENA HUTCHISON Notary Public In «nd tor tt» SUM of Oklahoma Commission #07005080My Commission expires 5/23/2011 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. WITNESS my hand and official seal. Place Notary Seal Above Signature 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: .. 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: , Signer Is Representing:. 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: O2007^4ational Notary Assodation-9350DeSotoAve.,RO.Box2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder Call Toil-Free 1-8OO-876-6827 F:\FARMER\KATHY\ENCROACHMENTS\templates.encr\ENCROACHMENTAGMTPHILLIPS.doc 4745 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On Date personally appeared before me> ft Here Insert Name and Tide the Officer Name(s) of Signers) THWf I. ROWLEY ConHMttton * 1773534 Motan/PuMte.CoHfomia i •on D»«oo County I who proved to me on the basis of satisfactory evidence to be the person&f whose namejXf is/ace" subscribed to the within instrument and acknowledged to me that he/^/they executed the same in his/jser/thetf authorized capacityfie^, and that by his/bel/theif signature^ on the instrument the person^, or the entity upon behalf of which the personfs/ 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 Notary 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: ^^^l^MO^MMBBHHB^^BB 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 sfea&M^^^^^®2007NationalNotaryAssociation'9350DeSoto A\«.,RO.Box2402«Chatsworti,CA 91313-2402»www.NationalNotary.org Item #5907 Reorder: Call Toll-FtBe 1-800-876^827 4746 EXHIBIT "A" LEGAL DESCRIPTION Lot 17 & 18 in Block A of HAYES LAND COMPANY ADDITION TO CARLSBAD, Map No. 2, in the 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, all that portion of said lots lying below the line of ordinary high tide of the water of the PACIFIC OCEAN. 6 F:\FARMER\KATHY\ENCROACHMENTS\templates.encr\ENCROACHMENTAGMTPHILLIPS.doc EXHIBIT "B" EASEMENT 4747 A general utility and access easement granted to the City of Carlsbad, as shown on HAYES LAND COMPANY ADDITION TO CARLSBAD, Map No. 2, in the 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. 7 F:\FARMER\KATHY\ENCROACHMENTS\templates.encr\ENCROACHMENTAGMTPHILLIPS.doc LOCATION MAP 4748 AREA OF ENCROACHMENT , (DECORATIVE PAVERS) i. ••F* NOT TO SCALE PROJECT NAME ENCROACHMENT FOR PHILLIPS RESIDENCE PROJECT NUMBER PR08-40 EXHIBIT