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Home My WebLink About1992-03-03; City Council; 11572; ABOVE GROUND ENCROACHMENT| 4403 HIGHLAND DRIVE CARLSBAD, CA 92008| PR 4.53MTG, 3-3-92 DEPT. ENG* CITY PR 4.53 CITY 4403 HIGHLAND DRIVE CARLSBAD, CA 92008 e e -4 PROJECT PR 4.53 PRoJECT NaME ABOVE GROUND ENCROACHMENT NUMBER FOR 4403 HIGHLAND DRIVE DRAWN BY: SCOll EVANS, CARLSBAD ENGINEERING DEPT. 0 e I. 1 1 1 1 1 1 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk City of Carlsbad ;LOO Carisbad Village Dr. Carlsbad, CA 92008 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WI This ENCROACHMENT AGREEMENT (@AgreernentlI) is enter6 between the CITY OF CARLSBAD ftSCityN) and Sheldon G. Stad Patricia A. Stadnyk, (110wner18), in accordance with Chapte of the Carlsbad Municipal Code, 1. The Property. Owner is the owner of that certa property located at 4403 Highland Drive, within the C Carlsbad, San Diego County, California, Assessorls Parcel 206-180-49, and more particularly described in Exhibi attached hereto and incorpo n by reference. y owns an exis e across OwnerIs property for street purpose scribed in Exhibit lrBlt attached re' reference. 3. The Encroachment. City hereby covenants and agr grants its permission to Owner to maintain an additional 5 asphalt pavement along Highland Drive for parking purpose plat showing the location of the encroachment is attac Exhibit @*Cn attached hereto and incorporated by reference Agreement is ject to the following terms and conditions croachment sh installed and ary condition at ed in a safe a cost, risk, a (B) The Owner shall ag owner and its successors 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, ipcluding any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. 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 (c) AGREEMENTS/AG-llA.FRM 1 * 0 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. -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, (D) 4. Entire Aareement. This Agreement constitutes the agreement between the parties with respect to the subject hereof and supersedes and replaces all other agreements, o written, between the parties with respect to the subject ma 5. Notices, Any notice ch is required or may be pursuant to this Agreement sh be sent in writing by States mail, first class, postage pre-paid, registered or cer receipt requested, or by other comparable comm ddressed as follows: If to the City: City of Carlsbad Mr. and Mrs. Sheldon Stadnyk 2075 Las Palmas Drive 4403 Highland Drive Carlsbad, CA 92009-4859 Carlsbad, CA 92008 which addresses may be changed from time to time by pro notice to the other party in the manner described above. 6. Waiver. Cit approval of any omission by Owner sha a waiver of any default by Owner and d a waiver or unnecessary City's cuns any subsequent Owner. Any waiver by must be in writi shall not be a waiver of concerning the E any other provision of the Agreement. 7. Successors and Assisns. This Agreement shall be k and inure to the benefit of the parties hereto and their res1 legal representatives, successors, and assigns. Owner agr incorporate this agreement by reference in any subsequent dc the properdy, but any failure to do so does not invalidat provision. /// /// If to the Owner: 2 AGREEMENTS/AG- 1 IA. FRM be the person[s) whose name[@ idare subscrlbed to this instrumem, and acknowledged that he [she/they] executed the same. - al ? g Witness my hancb$d official seal; ,. fl/Lh& L) OCGU VI JJ (forndary4.a -1 m 0 8. CaDacitv. Each party represents that the per executing this Agreement on behalf of such party have the aut to execute this Agreement and by such signature(s) thereb such party. IN WITNESS WHEREO&, this parties h reto have execute Agreement-on this aq - day of &WAR\, , 1s l2LGztLdh ATTEST BY: ALETHA L. RAUTENKRANZ city Clerk I v / J I 1 3 I; AGREEMENTS/AG-IlA.FRM m e .< EXHIBIT "A" PROPERTY DESCRIPTION Parcel B of Parcel Map No. 16064, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 25, 1990. J I 0 0 .. EXHIBIT "B" EASEMENT DESCRIPTION The 30 foot strip of land for street easement purposes running 75 feet along the easterly side of and adjacent to Parcel B of Parcel Map No. 16064, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, April 25, 1990. J PRoJECT NAME ABOVE GROUND ENCROACHMENT FOR 4403 HIGHLAND DRNE PROJECT PR 4.53 NUMBER 1 2 3 4 5 6 7 8 9 10 I-1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 92 - 6 3 A RESOLUTION OF THE CITY COUNCIL OF CARLSBAD CALIFORNIA APPROVING AN ABOVE GROUND ENCROACHMENT AT 4403 HIGHLAND DRIVE. WHEREAS, a request has been made to place 5’ of asphalt pavement adjacen existing edge of pavement in the street easement; and, WHEREAS, the pavement will be fronting property described by San Diego Cou Assessor as Parcel Number 206-180-49; and, WHEREAS, the additional 5’ of asphalt pavement will be used for parking pur and, WHEREAS, the City Engineer has determined the encroachment will not ac affect the public’s ability to use the easement; and, WHEREAS, the owners of the property fronting the encroachment have exec! Encroachment Agreement wherein they covenant and agree with the City of Carls follows: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owners and their successors in interest. The Owners 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. (B) (C) The Owners must remove or relocate any part of the encroachment within ten (10) days or such other time as 1 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e e 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. 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. (D) NOW, THEREFORE, be it resolved by the City Council of the City of Ca California, as follows: 1. That the above recitations are true and correct. Ill Ill ill Ill Ill Ill Ill 111 ill Ill Ill Ill Ill Ill Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. That the Mayor and City Clerk are authorized to sign the Encroac Agreement and the City Clerk is authorized to cause the original agreement to be re in the office of the County Recorder of San Diego County, State of California. PASS11D, AI’PI~OVL3l AND ADOP‘l’ED at a rcgular IiiwIing of tlic C:i~-lsIx Council held on the 3rd day of MARCH , 1992 by the following vote, to wit AYES: Council Members Lewis, Kulchin, Larson, and Nygaard NOES: None ABSENT: None ABSTAIN: Council Member Stanton ATTEST: &RQ- ALETHA L. RAUTENKRANZ, City Cleri (SEAL)