HomeMy WebLinkAboutPR 4.51; Miholich, William & Candice; 1991-0683612; Encroachment Agreement.
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Y’C II 1991-0683612 695 30-DEC-1991 03=59 PM
RECORDING REQUESTED BY OFFICIAL RECORDS
AND WHEN RECORDED MAIL TO: S4N DIEGO COUWTY RECORDER’S OFFICE
City Clerk 1 : City of Car'Lsbad 1200 Carlsbad Village Dr. ;
4MNETTE EUf$ C~~~~~E~~&OR~ER
!I' Coo 20. a
: Carlsbad, CA 92008
;
1.00
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY
This ENCROACHMENT AGREEMENT (*Agreementl') is entered into between the CITY OF CARLSBAD ("City") and William F. Miholich and Candice K. Miholich, ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code.
1. The Prooertv. Owner is the owner of that certain real property located at 2735 Cazadero Drive, within the City of Carlsbad, San Diego County, California, Assessor*s Parcel Number 215-400-10, 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 street easement which easement is described in Exhibit *'Bit attached hereto and incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to build a retaining wall along a portion of each side of the driveway and to use colored stamped concrete in the driveway approach. 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.
(C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such
AGREEMENTWAG-llA.FRM 1 REV 6/5/91
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AGREEMENTWAG-llA.FRM 2 REV 6/5/91
P -
696
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 right-of-way and 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 Acrreement 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 of Carlsbad William F. and Candice K. MihoLich 2075 Las Palmas Drive 2735 Cazadero Drive Carlsbad, CA 92009-4859 Carlsbad, 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 Assians. 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.
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/4 -
697
8. Caoacitv. 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, this parties hereto have executed this Agreement on this 22 day of khnQrn ~~32 I 1991.
ATTEST BY:
ALETBA L. RAUTENKRANZ City Clerk
City Attorney Mayor
AGREEMENTS/AG-llA.FRM 3 REV 6/5/91
Stateof California i on this the 22 day of November 1921 before me,
San Diego s.
County of Gabriela Zarty--------------
the undersigned Notary Public, personally appeared
illiam F. Miholich and Candice K. Miholic
NOTARV RIBLIC CXlFCH?MA Q personally known to me
0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that tney executed it.
Notary’s Signature
GENERAL ACKNOWLEDGMENT FORM MBC.MISC-504 (2183)
698
LEGAL DESCRIPTION
Lot 733 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, July 19,1972.
EXHIBIT “A”
.
699
LEGAL DESCRIPTION
The 10’ strip of land for street easement purposes along the
north property line of Lot 733 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,
July 19,1972.
EXHIBIT “B”
PLAT OF PROJECT
CAZEDERO DRIVE
PROPOSED
STAMPED CONCRETE
RETAINING WALLS
---lB" SQ. COLUMN
NTS
PROJECT NAME ABOVE GROUND ENCROACHMENT ‘N”u”M”BEE”RT EXH’B’T
FOR 2735 CAZADERO DRIVE PR 451 C
kuM q y- cm-r rv~lrlc EAI)I uun cum-c: ~~FPT 10 ha /ai