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Home My WebLink AboutPR 14-25; Pyle, John T and Joan Meyer; 2015-0306333; Encroachment AgreementRECORDING IS REOUESTEO FOR THE BENEFIT OF THE. CITY Of CARLSBAD WHEN RECORDED MAll TO: CityCieiK CITY OF CARLSBAD 1200 Carlsbad Village Dr. Calisbad, CA. 92008 DOC# 2015-0306333 IIIIIIIIIIIIIIIIIIIAIIIII i·lill lllllllr:lllllllllll :1111111111!111111 Jun 12, :2015 0?.:41 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SA~; DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 8 SPACE ABOVE THIS UNE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ....;2==.;5~5-'?27'8Q~-O;:;S::;;•O::,:O:.._ __ ,......_ PROJECT 10: PR 14-25 PROJECTNAME: -P~Y~L~E~R~E~S~ID~E~N~C~E~------ 7852 VIA TECA RELATED PROJECT 10: RELATEDPROJECTID: ~--------------~-- ENCROACHMENT AGREEMENT This' ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and John T. Pyle and Joan Meyer Pyle ("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 785:2 Via Teca within the City of Carlsbad, San · Diego County, California, Assessors Parcel Number 255-280-05·00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for 20' drainage easement 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 a planter, stone planters and trash enclosure to remain in a portion of the drainage 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 shalt 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. (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specrtied 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 properly. (0) Whatever rights and obligations were acquired by the City with respect to the easement shalr remain and continue in full force and effect and shall in no way be affecte<l by City's grant of pennission 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 lhe City: City Engineer City of Car1sbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: John and Joan Pyle 7652 Via Teca Car1sbad CA 92009 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. 8. . Capacity. Each par1y represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by $/S/14 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this ?'iD day of Y'f¥>.-''\ , 20 \ S'": · OWNER JOHN T. PYLE and JOAN MEYER PYLE, Trustees of the Pyle Family Trust under declaration of trust date A~ ~3, 199& e By: ~g~-~ (Sign Her ) JOHNT. PYLE (Print Name Here) sy:C\o ~~ P"~ u (Sign e) JOAN MEYER PYLE (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: mArH- 3 915/2014 CITY Of CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineering Mana r V IJ.-U M CALIFORNIA ALL-PUR.PO&.E ACKNOWLiiDGMiiNT CIVIL CODE§ 1,89 A r.otllry puDiic 01 ouw officer complottng :nls certificate v~tlfios only lfle klent:ty ~ the indivlauat wno slgneo tne dccumant to vAUch th!s 09fllilca:e Is attactles::J. an<' not the troU'Ifulness. accUYacy~ or va!(d..'ty of that CCcomsnt. who pro¥ed 10 tne on the basis of atisfactory evidenoa to be the p~rson{s} w11cse nems(s} Is/are subscribed to the »othin instrcmenl and acknowlec;tgecl ICf me tnot heisl\ellhey executeel ths same In his/hsr/theit authotlzed capacity{ies), an(l that by his/herfthoir sign~ture(st on the lnstrumeni the person(s). or tile e.otity upon behalf of w111ch the pe!$On(s) aCted. ~xec:;<>tsd the Instrument. t certify uncle' PENAL TV OF PERJURY under tho lows of t11e &'tote of Callforn:a that the foteg~olng ps.r~sraph is 1rue a'1d correct. and official seal. Slgnatu __ .• Sig~~c;;;,.of·~ PlaC<J Notary Seal Above ------------~------------OPnONAL--------------------------Tt!CJugh !his section Is optional, completing this inforrnatlon cen deter alteration of the document or. fraudulent /'&attachment of this form to a.o unintended document. Description of Attached Document ..L . · !.,,.. J.., A>.,.- Tit>e or Type of Do§;~=~t:.tbCr~.f ~Y..L:Q\t~. Document Data: ·--~F~ 'lumber fJf Pages: Slgnsr{s) Other Th Named Abo·•e: ··--·-·J:I..Ikt'L. .................... __ . CapacityOes) Claimed by ~igner{S) $ign<>r's Nama: Joo~ 1--tiAfU f'MIA fl Corpotate Officer -Title(s)IJ ....... 3. _____ _ ::J Partner -0 limited I"J General ~nGivid..:a.l 0 Attomey in Fact ::1 1h•stee 0 Guardian or Conservator f. .I Other: =---- SI9nef Is Repreoontlng: ---------- $igner'$Name: :fii.......T R.lf 0 Ccrporote Otrocer -Tltle(s): __ -:"'J"------- l':l Portns' -Cl Limits<! 0 General Jii1indlvloual 0 Attomey In Fact [j Trustee 0 Guarclien or C<>nseNatot 0 Oths1: ------------------ Signer Is Repl'esenting: .... _ -..... -.............. ·--.. - R""~~~ bZ~'l t~§i~~.;;;;;;;;;;;;;;;;;.~.;~;.;;;;;;;;;~;;;.;;,~--~ @2014 National NotNy Association· www.NalionaiNotozy.org • 1-800-US NOTARY (t-SOO-S7G-68~7) Jtom 115907 4 9/S/2014 EXHJBIT A LOT 489 OF CARLSBAD TRACT NO. 88~3-3 ARROYO LA COSTA, UNIT 3 (VILLAGES S, C, 0 , E, F, K, L, M, NAND 0) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 13836, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 18, 1998. . ' EXHIBITS A 20' DRAINAGE EASEMENT GRANTED TO THE CITY OF CARLSBAD, AS SHOWN ON MAP NUMBER 13636, IN THE CITY OF CARLSBAD, COUNTY OF SAN otEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON SEPTEMBER 18, 1998. \ \ \ \ \ \ ' \ NOT TO SCALE \ \ \ \(1> \ ' \ \ \ \ \ LOCATION \ \ \ HOUSE I I I VIA TECA PROJECT NAME ENCROACHMENT FOR PYLE RESIDENCE I I I MAP I AREA OF ENCROACHMENT · (FLOWER BEDS) AREA OF (1RASff ENCLOSURE) I t EXISTING 20' --.....__DRAINAGE EASEMENT '---D~ISnNG 18" RCP PROJECT NUMBER EXHIBIT 7852 VIA TECA (APN 255-280-05) PR14-25 c