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Home My WebLink AboutPR 11-46; VOSS, DAVID W AND DAWN J; 2012-0019025; 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 8660 PAGES; DOCtt 2012-0019025 lllllllllllllllllllllllllllllli JAN 12,2012 11:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 3G.00 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 216-250-06-00 PR 11-46 VOSS RESIDENCE PR 11-46 NA ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered Into between the CITY OF CARLSBAD ("City") and David W. Voss and Dawn J. Voss, husband and wife as joint tenants ("Owner"), In accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Propertv. Owner Is the owner of that certain real property located at 7743 Lucia Court within the City of Carlsbad, San Diego County, California, Assessor's Parcel Nunnber 216-250-06-00, 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. permission The Encroachment. City hereby covenants and agrees and grants its to Owner to allow pavers and walkway to remain In a portion of the Public Street and Public Utility purposes 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 Q:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-46 Voss Residence - Ontiveros\ENCROACHMENT AGMT, Revised 8-11-10_PR11-46.doc 8661 (1) loss or damages to property and (2) Injury to or death of persons. (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 David and Dawn Voss City of Carlsbad 7743 Lucia Court 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 Q:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-46 Voss Residence - Ontiveros\ENCROACHI\/IENT AGIVIT, Revised 8-11-10_PR11-46.doc 8662 8. Capacitv. 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 TV^-^^^We^ 201\ . OWNER David W. Voss and Dawn J. Voss, husband and wife as joint tenants By: P^^r;^ (Sign Here) David W. Voss By: CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer PIIS 8801 Exp. 12/31/2012 Dawn J. Voss (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Q:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-46 Voss Residence - Ontiveros\ENCROACHMENT AGMT, Revised 8-11-10_PR11-46.doc 8663 EXHIBIT "A" PROPERTY DESCRIPTION Lot 475 of La Costa South Unit No. 6, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6604, filed in the office of the County Recorder of San Diego County, IVlarch 23, 1970. PR 11-46 VOSS RESIDENCE EXHIBIT "B" 8664 EASEMENT A 10' dedication of Lucia Court for Public Street and Public Utility purposes, according to IVlap thereof No. 6604, filed in the office of the County Recorder of San Diego County, March 23, 1970. PR 11-46 VOSS RESIDENCE LOT476 PROPERTY LINE L0T475 LOCATION MAP LOT 474 o' o 8665 II II II II II II II II II ll 11 >> ll U w \ \ w \ \ \\ \ \ 1\ I \ LEGEND: WORKAREA SCALE: r=JO' OTY OF OCEMBTDE SITE VICINITY MAP NO SCM£ PROJECT NAME 475 OF LA COSTA SOUTH UNIT 6 PROJECT NUMBER PR 11-46 EXHIBIT C 8666 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County before me, /)7/?/26/ /Pf^(<^je/H<) /Oo?79^c/^r^ltCL. VJIKOr^C^.^^ ' i^t^iwi^iiw, —^ c Here Insert Name and Trtie of the Officer / / Date / personally appeared _ Name(s) of Slgner(s) Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persoof^whose name(s)^^re^ubscribed to the within iD|lrument and acRnwvleaged ta me that he/sh^{hWjbxecuted the same in hi§(hei^^^uthorized capacit5Jtl^)and that b\( his/her^fiejr>ignature(^on the instrumefOie s>^j^^pox the entity upon behalf of which the perscvf^sfkcted, 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. OPTIONAL Though the information below is not required by law, it may prove valuable to persons reiyln^ionj)^ 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: v 7W- ^ ^ . ^/ / .. Number of Pages:. Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: • Individual -Title(s): • Corporate Officer • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other:. RIGHTTHUMBPRINT OF SIGNER ia^T^SOT^TtoyA&^Sio^ 91313-2402.www.NationalNotaiy.org ltem#5907 Reorder:CallToB-Free 1-800-876-6827 8667 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On ]^r>^^'^t>^A^'i| ^^cX before me, personaiiy appeared } ^ Her* Insatt Name aiid lltla d the Offlcar -=i—— .1 IJ, .J <»„ Nam«(() of Slgn*r(a) TERIE L ROWLEY Committion # 1952691 Notary PuMic - Califomia San Diago County ^ who proved to me on the basis of satisfactory evidence to be the person^ whose name(^ is/aprf subscribed to the within/instrument and aci<nGwledged to me that he/sh^ej^ executed the same in his/^Ahe/authorized capacity^), and that by his/h^Ah^ffr signaturefejf on the instmmeM 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. Place Notary Seal Above Signature OPTIONAL signature ol 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 D D • Title or Type of Dooumer,t: -^^"c ' ^ ^ ^^'^^ f^^U^Ur 3c^, 3^ II Number of Pages: 3 i- 3 ^ /^U-^. ^C-^A.^ Document Date: Slgner(s)OtherThan Named Above: ^)Av>Q ^ v^o S.S Capacity(ies) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer —Title(s): , • Partner — • Umited • pefieral • Attomey in Fact • Trustee ^' • Guardian or .c6nsen/ator • Other: Rl(-,in THUr.UiPRIMI OF SinMFR Top of thumb here Slgp^ Is Representing: Signer's Name:. • individual • Corporate Officer — Title(s): • Partner —• Umited Dja^eral • Attorney in Fact • Trustee • Guardian opCbnservator • Other: Signer Is Representing: MIGHT THUHOPRiriT Ot Slt.NtH Top of thuiTib hei» claOTKMorall^ 91313-2W»iww>tall«»INotaryorg ltam#6«I7 ReorterCalToll-Fiae1-aOM78^