The URL can be used to link to this page

Home My WebLink AboutPR 4.84; Schoff, Michael and Susan; 1997-0170448; Encroachment Agreement- . EC il EY Hm448 14-APR-1997 02~55 Pll RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 OFFICIAL RECORDS SIN OIEGO COUNTY RECORDER’S OFFICE SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSORS PARCEL NO 21 O-031 -14 PROJECT NO. 81 NAME: &HOFF RESIDENCE PR 4.84 RIGHT-OF-WAY PERMIT NO. RW 970062 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and W. Michael Schoff & Susan Schoff (“Owner”), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 5115 Shore Drive, within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 210-031-14, 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 public street & utility purposes 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 raised planter to remain in a portion of the Shore Drive 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. (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 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97 . lo”33 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 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Mr. & Mrs. Schoff 5115 Shore Drive 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. City’s consent to or approval of any act or omission by Owner shall not Waiver. 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 Assiqns. 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. MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97 ,- 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. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 24.i~ day of March ) 19 97. W. Michael Schoff By: . md@szzmL ‘bwn@ Susan Schoff “Owner’ State of Arizona county of Pima On March 24, 1997, before me, Cynthia A. Mos, Notary Pub!ic, persmally p@@$ET&Aq*&qpoff and Susan S&off, RONALD R. BALL City Attorney MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97 CALIFCiRNIA iU-P”RPO:~ ACKNOWLEDGMENT - State of California County of San Die90 On z/27/97 Dale 1635 beforeme, Belinda R. Guzman, Notary Public , Name and Title of Officer (e.g.. “Jane Doe, Notaly Public”) personally appeared Lloyd Hubbs Name(s) of Signer(s) I I3 personally known to me 0 proved to me on the basis of satisfactory evidence to be the person,#whose name@) is/wubscribed to the within instrument and acknowledged to me that he/s&&hey executed the same in his/&&heir-authorized capacityo, and that by his/be&h&signature@ on the instrument the person(+or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public ” 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: Encroachment Agreement Schoff Residence PR 4.84 RW 970062 Document Date: 3/27/97 Signer(s) Other Than Named Above: WA Number of Pages: 3 Capacity(ies) Claimed by Signer(s) Signer’s Name: L 1 oyd Hubbs 0 Individual q Corporate Officer Title(s): 0 Partner - q Limited q General Cl Attorney-in-Fact 0 Trustee q Guardian or Conservator q Other: Citv Enaineer Signer Is Representing: Citv of Carlsbad TOD of thumb here Signer’s Name: 0 Individual 0 Corporate Officer Title(s): 0 Partner - 0 Limited q General 0 Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here @ 1996 National Notary Association l 6236 Remmet Ave., P.0. Box 7164 l Canoga Park, CAg1309-7164 Prod. No. 5907 Reorder: Call Toll-Free 1-600-676-6827 EXHIBIT "A" PARCEL 1: THAT PORTION OF LOT "H" OF RANCH0 AUGA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN'THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: . BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 15 OF TE- NO. 1, ACCORDING TO MAP 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF . SAN DIEGO COUNTY, SEPTEMBER 6, 1950;.THENCE SOUTH 59‘-21'10" WEST TO A POINT ON THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN; THENCE NORTHWESTERLY ALONG SAID MEAN HIGH TIDE LINE TO A POINT WHICH BEARS SOUTH 59O2i'lO" WEST FROM THE NORTHWESTE?!LY CORt:ER OF SAID LOT 15; THENCE NORTH 59°21'10" EAST TO THE NORTHWESTERLY CORNER OF SAID LOT 15; THENCE SOUTH 21°54' EAST 65.76 FEET TO THE POINT OF BEGINNING. PARCEL 2: LOT 15 OF TERRAMAR, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF THE COUNTY.RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6, 1950. EXHIBIT “A” EXHIBIT “B” SHORE DRIVE AS PER TERRAMAR, UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 2696, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 6,195O. EXHIBIT “B” . l . h?- - NEW,PLANTER 4’ c EXHIBIT “C”