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Home My WebLink AboutPR 4.70; Michael, Howard & Martha; 1994-0315332; Encroachment Agreement+ ,. .h ‘.* . e..- , . 1361 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: OFFICIAL RECORDS SUN j)IE(iO COUNTY RECORDER’S OFFICE GREGORY !$I$ couiigoR~ER : 2Q.00 RF: IiF: ioo nF: 1.00 1 City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC PROPERTY PR 4.70 This ENCROACHMENT AGREEMENT (llAgreement*l) is entered into between the CITY OF CARLSBAD (llCityll) and Howard C. Michael and Martha Ann Michael, (tlOwner@f), 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 5290 El Arbol Drive,' within the City of Carlsbad, San Diego County, California, AssessorIs Parcel Number 210-160-22, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Public Property. City currently owns land used for drainage purposes (Cannon Lake) described as a 6.87 acre parcel, a portion of lot H Ranch0 Aqua Hedionda. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow existing landscaping staircase and 8" wood retaining wall into City property. A plat showing the location of the encroachment is attached as Exhibit aBn 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. AGREEMENTS/AC-llB.FRII 1 REV 6/4/91 4 - . . * 1362 (Cl (D) (El 4. 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. The City's rights with respect to the ownership of the property 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. This encroachment permit does not authorize nor approve any fill into Cannon Lake. Any filling of Cannon Lake is strictly prohibited. Entire Aareement. 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. Wotices. 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 Mr. and Mrs. Howard Michael 2075 Las Palmas Drive 5290 El Arbol Drive Carlsbad, CA 92009-4859 1 ad. California 92008 Car sb 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. AGREEHENTS/AG-llB.FRH REV 6/4/91 8. Canacittv Each party represents that the person(s) executing this Agriement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF,Jhis parties heret have Agreement on this // day of 6%2v ATTEST APPROVED AS TO FORM: City Attorney cJ+'7S~. BY: "OWNER" HOWARD C. MICHAEL AND MARTHA ANN MICHAEL J$&zQ+jcw HOWARD C. MICHAEL 7-t%QGb LA* miL/ MARTHA ANN MICHAEL . . AGREEMENTS/AG-llB.FRU Mayor REV 6/4/91 I STATE OF CALIFORNIA z- COUNTY OF San Diego iz E before me, , c- On March 11, 1994 Linda Sullivan. Notarv Public 0 g personally appeared Howard C. Michael and Martha Ann Michael , i- E .I! personally known to me (or proved E to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), c m’ and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the (This area for official notarial seal) - . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1364 No. 5907 personally appeared , apersonally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person$&whose name@Q is/’ subscribed to the within instrument and ac- knowledged to me that +te/she/#+%q+executed the same in 4+Wher/t+-e++authorized capacityw, and that by Wher/M signaturwon the instrument the person@, or the entity upon behalf of which the person($) acted, executed the instrument. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL q CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) q PARTNER(S) q LIMITED 0 GENERAL 0 All-ORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION * 8236 Remmet Ave., P.O. Box 7184 l Cancga Park, CA 91309-7184 _ . * 4 1 . I<. . . + 1365 Exhibit '@AH PR 4.70 5290 El Arbol Lot 225 of Terramar Unit No. 7, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6347, filed in the Office of the County Recorder of San Diego County, April 29, 1969. 7 I 1. PLAT OF= PROJECT EL ARBOL DRIVE r --. ----__--------- 60' -J- .-- RESIDENCE I -m I ?I WOOD FENCE 3.5’ HIGH --\ ----- -2% SLOPE -2% SLOPE RETAINING WALL (WOOD) WOODPILE 8” HIGH SHRUBS CANNON LAKE PROJECT NAME ABOVE GROUND ENCROACHMENT FOR 5290 EL ARBOL DR. PROJECT NUMBER PR 4.70