HomeMy WebLinkAbout1750 BASSWOOD AVE; ; CB910654; PermitB IJ I L rl I N G P E R M I T
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Job Address: 1750 BASSWOOD AV Str:
Permit Type: RETAINING WALL
Parcel No: 205-080-37-00
Valuation: ‘7;EiOO
Construction Type: VN
Occupancy Group: Class Code:
Description: 100 LF 6 FT RET WALL
: BID 5. TWO PARTIES TO ENFORCE ,TUDGMENT
Permit No: CB910654
Project No: A9100784
Development No :
6830 03/17/92 OOO1 01 02 Fl: Ste:
C-mT 137.00
Status: ISSUED
Applied: 04/23/91
Apr/Issue: f)3/3 7/92
Validated By: CLt
Appl/Ownr : HOFER, TED 619 749-2364
619 489-3254
.oo
27.UO
137.0CJ
Ext fee Data ___--___-___-___-
99.01)
64.00
1.00
164.00 ,..?-
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CITY OF CARLSBAD
2075 Las Palmas Dr., Carlsbad, CA 92009 (619) 438-1161
PERMIT APPLICATION City of Carlsbad Building Department 2075 Las Palrnas Or., Carlsbad, CA 92009 (619) 438-1161
1. PERMIT TYPE I A - UCOMFIERCIAL UNEU UTENANT IMPROVEMENT
B - OlNOUSTRlAL ONEU OTENANT IMPROVEMENT
c - ~IOENTIAL OAPARTMENT IJCWOO IJSINGLE FAMILY OWLLING IJADDITION/ALTERATION
OOUPLEX ODEMOLITION HWE OELECTRICAL OPLUnBlNG
OMECHANICAL OPOOL UALL OSOLAR OOTHER /.,
IFORMATION PLAN CHECK No.
EST. VAL
PLAN CK DEPOSIT
STATE ZIP COOE DAY TELEPHONF . ___ . -
OUNER OLESSEE OTENANT ADDRESS
CITY STATE ZIP CWE DAY TELEPHONE
CITY STATE ZIP CWE @Y TELEPHOUE STATE LIC. Y
by the Director of Industrial Relations, Yorkers' Conpensation Declaration: I
or a certificate of Uorkers' Conuem hereof certified bv the Director of the
7. WORKERS' COMPENSATION
insurer thereof filed uith the Buildihg 1;;4bection Department (Section 3800, Lab. C). I " I '
J EXPIRATION DATE
I INSURANCE CWPANY POLICY NO.
Certificate of benption: -1 certifyRh8t in fhe performance of the uork for which thk permit issued, I shall mt enploy any wrson in any mamr so as to becune subject to the nsation Laus of California. \ -&o u- SIGNATURE
8. OWNER-BUILDER DECLARATION / Ouner-Builder Declaration: I hereby affirm tWt I am exempt fran the Contractor's License Lau for the follouing reason:
0 1 as ouner of the property or my employees uith uages as their sole compensation, uill do the uork and the structure is not intended or offered for sale (Sec. 7044, Business and Professions Code: The Contractor's License Lau does not apply to an ouner of property uho builds or improves thereon,, and who
does such uork himself or through his oun mloyees, provided that such improvements are not intended or offered for sale. If, houever. the krilding
or inpr vement is sold uithin one year of completion, the ouner-builder uill have the burden of proving that he did not build or improve for the purpose
/)- I, as owner of the property, am exclusively contracting uith licensed contractors to construct the project (Sec. 7044. Business and Professions Code:
The Contractor's License Lau does not apply to an ouner of property uho builds or improves thereon, and contracts for such projects with contractor(s)
licensed plrsuant to the Contractor's License Lau).
0 I am exenpt under Section Business and Professions Code for this reason:
(Sec. 7031.5 Business and Professions Code: Any City or County uhich requires a permit to construct, alter, improve, demolish, or repair any structure,
that he is licensed pursuant to the provisions of the
and Professions Code) or that he is exenpt therefran,
permit subjects the applicant to a civiI penalty of not
more than five hundr r SIGNATURE rF - DATE 9-23-9/
CWPLETE THIS SECTION FOR WON-RESIDENTIAL BUILDING PERMITS 0 V
program under Sections 25505, 25533 or 25534 of the Presley-Tanner Hazardous Substance Account Act?
Is the applicant or future building occupant required to obtain a permit fran the air pollution control district or air quality management district?
Is the facility to be constructed uithin 1,000 feet of the outer boundary of a school site?
Is the applicant or future building occupant required to sub v t a business plan, acutely hazardous materials registration form or risk management and prevention
0 YES 0 NO
DYES 0 NO
OYES 0 NO
IF ANY OF THE AWSYERS ARE YES, A FINAL CERTIFICATE OF OCCUPANCY MY MOT M ISSUED AFTER JULY 1, 1989 UlLESS THE APPLIUYT IUS ET CS IS EETIffi THE REWIREEMTS OF THE ffFICE OF OIERGENCY SERVICES W THE AIR POLulTlDy COWTROL DISTRICT.
'* 9. CONSTRUCTION LENDING AGENCY i'
I hereby affirm that there is a construction lending agency for the performance of the work for uhich this permit is issued (Sec 3097(i) Civil Code).
LENDER'S NAME LENDER'S ADDRESS
10. APPLICANT'S SIGNATURE I certify that I have read the application and state that the above information IS correct. I agree to comply uith all City ordlnances and State laus relatrng
to building construction. 1 ALSO
AGREE TO SAVE IYDEIIIIIFY AllD KEEP HAWllES THE CITY OF CARLSEA0 AGAINST ALL LIABILITIES, JUIQIEYTS, COSTS AND EXPENSES YHlCH MY IN ANY WAY ACUlllE AGAINST SAID
CITY IN COWSEQUENCE OF THE GRANTING OF THIS PERMIT.
Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become rull and void if the building
or uork authorized by such permit is not cmnced uithin 180 days from the date of such permit or if the building or uork authorlzed by such permit is suspended
I hereby authorize representatives of the City of Carlsbad to enter upon the above mentioned property for inspection plrposes.
nced for a period of 180 days (Section 303(d) Uniform Building Code).
0 MER 0 CONTRACTOR UBY PHONE
WHITE: File YELLOW: Applicant PINK: Finance
CITY OF CARLSBAD INSPECTION REQUEST PERMIT# CB910654 FOR 05/06/92 INSPECTOR AREA PY DESCRIPTION: 100 LF 6 FT RET WALL PLANCK# CB910654
TYPE: RETAIN CONSTR. TYPE VN JOB ADDRESS: 1750 BASSWOOD AV STR: FL: STE : APPLICANT: SPRINGS, BOB PHONE: 619-692-3220 CONTRACTOR: HOFER, TED PHONE: 619 489-326
OWNER: SPRING, BOB PHONE :
REMARKS: MH INSPECTOR SPECIAL INSTRUCT: BACKFILL. PERMIT CARD AND PLANS IN
BID 5. TWO PARTIES TO ENFORCE JUDGMENT OCC GRP
ON THE BBQ.
TOTAL TIME:
CD LVL DESCRIPTION
19 ST Final Structural
29 PL Final Plumbing
39 EL Final Electrical
49 ME Final Mechanical
***** INSPECTION HISTORY *****
DATE DESCRIPTION 042792 Grout 042092 Grout 041692 Footing 041592 Footing
ACT INSP COMMENTS AP PY AP PY AP PY NR PY
D(I ITEM INCOMPLETE
NEEDS YOUR ACTION
", ITEMSELECTED ,, '-I
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PROJECT ID:
LEGAL REOUIREMENTS Site Plan
1. Frovi.de a fully dimensioned site plan drawn to scale. Show: north arrow, property lines, easements, existing and proposed structures, streets, existing street improvements, right-of-way width and dimension setbacks.
2. Show on site plan: Finish floor elevations, pad elevations, elevations of finish grade adjacent to building, existing topographical lines, existing and proposed slopes, driveway with percent (%) grade and drainage patterns.
3. Provide legal description and Assessors Parcel Number.
Discretionarv Amroval ComDliance
No Discretionary approvals were required.
Project complies with all Engineering Conditions of
Approval for Project No.
Project does not comply with the following Engineering
Conditions of Approval for Project No.
~ ~ ~ ~ ~ ~ ~
Conditions complied with by: Date: Field Review
7. Field review completed. No issues raised.
8. Field review completed. The following issues or discrepancies with the site plan were found:
Site lacks adequate public improvements
conflict with site plan.
Site is served by overhead power lines.
Onu A.
B. Existing drainage improvements not shown or in
C.
P:\DOCS\MISFORMS\FRMOOlO.DH REV. 02/27/91
D. Grading is required to access site, create pad or provide for ultimate street improvement.
E. Site access visibility problems exist. Provide onsite
turnaround or engineered solution to problem.
F. Other:
Dedication Reauirements
do 9. No dedication required.
10. Dedication required. Please have a registered Civil
Engineer or Land Surveyor prepare the appropriate legal
description together with an 84" x lll@ plat map and submit
with a title report and the required processing fee. All
easement documents must be approved and signed by owner (s) prior to issuance of Building Permit. The description of the dedication is as follows:
Dedication completed, Date By:
Improvement Reauirements do 11. No public improvements required. SPECIAL NOTE: Damaaed or
defective inmovements found adjacent to buildina site must be repaired to the satisfaction of the City inspector prior to occupancv.
12. Public improvements required. This project requires
construction of public improvements pursuant to Section
18.40 of the City Code. Please have a registered Civil
Engineer prepare appropriate improvement plans and submit
for separate plancheck process through the Engineering Department. Improvement plans must be approved, appropriate securities posted and fees paid prior to
issuance of permit. The required improvements are:
Improvement plans signed, Date: by:
P : \DOCS\MI SFORMS\FRM0010 .DH REV. 02/27/91
13.
cl On 13a.
14.
15.
Improvements are improvements may
18.40 of the City
deferral of the
required. Construction of the public be deferred in accordance with Section Code. Please submit a letter requesting required improvements together with a
recent title report on the property and the appropriate
processing fee so we may prepare the necessary Future Improvement Agreement. The Future Improvement Agreement must be signed, notarized and approved by the City prior to
issuance of a Building Permit.
Future Improvement Agreement completed, Date: By:
Inadequate information available on site plan to make a determination on grading requirements. Please provide more detailed proposed and existing elevations and contours.
Include accurate estimates of the grading quantities (cut, fill, import, export).
No grading required as determined by the information
provided on the site plan.
Grading Permit required. A separate grading plan prepared by a registered Civil Engineer must be submitted for separate plan check and approval through the Engineering
Department. NOTE: The Gradins Permit must be issued and sradins substantiallv complete and found acceptable to the Citv InsDector prior to issuance of Buildins Permits.
Grading Inspector sign off. Date: by:
Miscellaneous Permits
do 16.
17.
Right-of-way Permit not required.
Right-of-way Permit required. A separate Right-of-way Permit issued by the Engineering Department is required for
the following:
18.
c"Il 19.
Eioo 20.
Sewer Permit is not required.
Sewer Permit is required. A sewer Permit is required concurrent with Building Permit issuance. The fee required is noted below in the fees section.
Industrial Waste Permit is not required.
P: \DOCS\MI SFORHS\FRM0010.DH REV. 02/27/91
'" 21. Industrial Waste Permit is required. Applicant must complete Industrial Waste Pernit Application Form and submit for City approval prior to issuance of a Building
Permits. Permits must be issued prior to occupancy.
r ,.
Date: By:
Fees Rewired
FJ/R
0
Industrial Waster Permit accepted -
27. Park-in-Lieu Fee Quadrant: Fee per Unit:
Total Fees:
23. Traffic Impact Fee Fee Per Unit: Total Fee:
24. Bridge and Thorough fare Fee Fee Per Unit: Total Fee:
25. Public Facilities Fee required.
26. Facilities Management Fee Zone: Fee:
27. Sewer Fees Permit No. EDU's
Benefit Area: Fee:
28. Sewer Lateral Required:
ENGINEERING AUTHORIZATION TO ISSUE PERMIT
P:\DOCS\MISFORWS\FR~OOlO.D~ REV. 02/27/91
ATTENTION PROPERTY OWNER:
An "owner-builder'' building permit has been applied for in your name and bearing your signature. Please complete and return this information in the envelope provided at your earliest
opportunity to avoid unnecessary delay in processing and issuing your building permit. No building permit will be issued until this verification is received.
1.
2.
3.
4.
5.
I personally plan to provide the major labor
the proposed property improvement (yes or no) for construction of
I (have/have not) - dAdG signed the application for a building permit.
I have contracted with the following person (firm) to provide the proposed construction.
Name Phone
Address Contractors License No.
City
I plan to provide portions of the work, but I have hired the following person to
coordinate, supervise and provide the major work.
Phone / Name
Address Contractors License No.
city
I will provide some of the work but I have contracted (hired) the following persons
to provide the work indicated:
/ Name Address Phone Type of Work
Signed: Property Owne
Social Security Number
Date: 7- 8.87
EACH SUBCONTRACTOR WILL BE INSTRUCTED TO OBTAIN A CITY OF CARLSBAD BUSINESS LICENSE
AND FURNISH A CERTIFICATE OF WORKMAN'S COMPENSATION TO THE CITY OF CARLSBAD.
Initial s U
293761 9+117 11 11 1 IP?PPPPPPPPP:# 2
April 15, 1992 - (119) 744-7693
This correspondence will serve to confirm our teliitphpne ,onversation 09 4:15 p,m. an Wednerday, April 15, 1992, regarding the above-captioned matter.
A# we dhcuosed, 1 am ancloBing a copy of the order recently
signed by Judge Mitchell of the North Caunty Branch of the San Eirgo Superior Court. The Order specifies that the eaeterly face of! the vertical portion of the wall is to abut the property fine,
That will require the footing to spill over rjnm Mr. Spring's property e
This should do the trick, If not, let fge know immediately. Thankm for your courtesy and cooperation.
Ver truly yours, h
Daniel M. white
c
0
September 5, 1991
Steven J. Serratore
Edwards, White & Sody Attorneys at Law
1615 Murray Canyon Road, 10th Floor San Diego, CA 92108
RE: SPRINGS VS ANDERSON - Dear Mr. Serratore:
This is to inform you that based on the request of the Superior Court to reach an agreement between your client, Ms.
Anderson and Bob Springs, the Planning Department is willing to consider Valley Street as your client's front yard. This will allow the agreed-upon six foot wall to be placed between the two properties.
If you have any additional questions, please contact me or Don Neu, Senior Planner.
Sincerely, <-
MICHAEL J. HOLZMILLER Planning Director
MJH:vd
2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (61 9) 438-1 161
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EDWARDS. WHITE Q SOOY
A PROCESS8ONAL CORPORATION
ATTORNEYS AT LAW
16 15 MURRAY CANYON ROAD
1 OTH FLOOR
SAN DIECO. CALIFORNIA 92108
STATE BAR NO. 68011
TELEPHONE (6 19) 692-2020
ARORNEYS FOR Defendant JUNE ANDERSEN
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
SAN DIEGO COUNTY, NORTH COUNTY B~CH
I
ROBERT A. SPRING and KATHY M. ) Case No. N 44008
SPRING, 1
Plaintiffs, ) STIPUWLTION FOR JUDGMENT
AND JUDGMENT. V. 1 1 JUNE ANDERSEN and All Persons 1 Unknown Claiming Any Legal or 1 Equitable Right, Title, Estate, )
Lien or Interest in the Property ) Described in the Complaint Adverse) to Plaintiffs' Title or Any Cloud )
Named as DOES 1 through 100, on Plaintiffs' Title Thereto, 1
inclusive, 1 1
1 1 1 AND RELATED CROSS-ACTION. 1
Defendants.
i
Plaintiffs ROBERT and KATHY SPRING and defendant JUNE
ANDERSEN, and their respective attorneys of record, stipulate
and agree as follows:
1. The Court will enter judgment in this action pursuant
to the Settlement Agreement attached hereto as Exhibit "A"
which is hereby incorporated into this stipulation by
reference.
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/fyyz;xn&
entirety th preju,'ce upon ecution
3. This Stipulation for Judgment and any judgment entered
pursuant to same shall be recorded with the San Diego County
Recorder's office immediately after execution and filing.
DATED: September 9, 1991
ROBERT SPRING, Plaintm
DATED: September 2, 1991
K~THY 'SP@hG,"Pla(b&jiff
DATED: September 2, 1991 24 *6&--kJ /
WE ANDERSEN, Defendant
APPROVED AS TO FORM:
DATED: September & ASSOCIATES
DATED: September z, 1991 EDWARDS, WHITE & SOOY
By: j&&en J. Serratore, Attorneys for JUNE ANDERSEN, Defendant
JUDGMENT
Good cause appearing,
IT IS ORDERED that judgment be entered pursuant to the
Settlement Agreement attached hereto as Exhibit "A."
DATED: September In,, 1991 P2x!a I lm?!€& R
JUDGE OF THE SUPERIOR COURT
C:~MSWS.DIR\OU20718 .WP/Dl -2-
:.I ,. ., , .
I. f
BETTLEMENT AGREEMENT
*I * .
This Settlement Agreement is made as of the last date of
execution of any of the parties to this Agreement.
Agreement is by and between ROBERT A. SPRING and KAm M. SPRING
("Plaintiff s" ) and JUNE ANDERSW ( "Defendant'@)
"fis
RECITALS
WHEREAS, a dispute has arisen between Plaintiffs and
Defendant regarding the true and legal boundary line between real
property owned by Plaintiffs to the east and property owned by Defendant to the west, located, respectively, at 1750 Basswood Avenue and 3350 Valley Street, Carlsbad, California. The civil
dispute between these parties is reflected in County of San Diego
Superior Court Case No. N44008; and
WHEREAS, the parties involved in said dispute wish to
resolve all of their claims, contentions and differences
pertaining to the above-described property. Therefore, this
agreement is considered to be the final resolution of the
parties' dispute.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Defendant's insurance carrier will pay into the trust
fund of the law firm of Edwards, White & Sooy the sum of
Thirty-f ive Thousand Dollars ($35,000) (the "Fund") . The Fund
will be utilized to pay for those aspects of this agreement which
are hereby made the responsibility of Plaintiffs. Any amounts
remaining in the fund after full performance of the
responsibility of Plaintiffs pursuant to this agreement shall be
released to Plaintiffs.
such Fund.
Plaintiffs and Defendant, 100.5 feet in length ("original line'3) ,
will be moved four feet in an easterly direction along the entsre
length of the boundary line, parallel to the recorded boundary- pursuant to the adjustment plat attached hereto as Exhibit rrA.'@t
3. The retaining wall currently intersecting the original
boundary line, and running in a north/south direction shall be
removed at the expense of the Plaintiffs with monies from the Fund.
Defendant thereafter waives any claim to
2. The original property line separating the properties of
Page 1 of 5
4. A new retaining wall will be constructed and paid for
from monies out of the Fund.
direction and shall comply with all applicable City-and other codes and ordinances in accordance with the City of Carlsbad Planning Department. upon the land of Defendant as that land is modified by this
Agreement. be placed on, or as near as possible to, the newly created
boundary without encroaching on the land of Plaintiffs.
The wall will run in'a north/south
The retaining wall will be built entirely
It is intended by the parties that the retaining wall
5. The retaining wall referenced in paragraph 4 above shall
be constructed as follows:
(a) Length: 100.5 feet
(b) Height: 6 I, or height necessary for the. top of the retaining wall to reach the level of Plaintiffs' property.
(c) Footing depth: 1' below ground
(d) Waterproofing: Sufficient to withstand fluid
(e) Materials: Cement block wall with "Belgium castle
pressure.
rock veneer" (RCP brick and block manufacturer or
manufacturer of similar quality) beige in color.
6. The parties agree that dirt removed from defendant's property as a result of grading same will be deposited on defendant's property for ownership and use.
7.
the boundary line shall be constructed and paid for with monies
from the Fund. This fence shall be entirely on Plaintiffs' land,
and shall comply with all applicable City and other codes and
ordinances. It is intended by the parties that the fence be
placed on, or as near as possible to, the newly created boundary'
without encroaching on the land of the Defendant. The fence will
be constructed as follows:
A six-foot high solid cedar fence running parallel to
(a) Length: 100.5'
(b) Height: 6'
(c) Materials: Cedar. The cedar planks (1 x 8 x 6)
(d) Centers: The fence will be built on six-foot
will be of select grade quality.
centers.
" .I * I .... .. .
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(e) Face direction: The flat face of the cedar planks
will face Defendant's yard.
8. The parties agree that the cedar fence described in
Paragraph 6 shall not be removed, modified, destroyed, or
otherwise altered in any way without the written consent of both
parties to this agreement. or dilapidation of the fence, an identical replacement fence . shall be constructed by a licensed contractor of Plaintiffs' choice, and costs shall be paid half by Plaintiffs and half by
Defendant.
9. A resurvey of both properties and a boundary adjustment will be completed and recorded with the appropriate governmental
agencies. Expenses associated with the resurvey, boundary adjustment and procuring of new legal descriptions for bothz properties shall be paid on behalf of Defendant, and shall not be
the financial responsibility of plaintiffs.
include preliminary title insurance reports to the extent they
are necessary.
In the event of natural destruction
Said costs shall
10. The parties agree that the wall described in Paragraph
5 shall be constructed by Hofer Construction Company, 27425 North
Lake Wolhford Road, Valley Center, California 92082,
(619) 749-2364, subject to Hofer's maintenance of a California
or desires an upgrade in quality of materials, to be performed or provided by Hofer Construction outside of the terms of this
agreement, that party may confer with Hofer Construction Company and pay the additional fees necessary to have the additional work performed at the same time as the construction provided by this agreement is performed.
Paragraph 6 shall be constructed by Tidwell Fence & Patio or an equally qualified and licensed contractor. desires additional work, or desires an upgrade in quality of *
materials, to be performed or provided by Tidwell Fence & Patio, that party may confer with Tidwell Fence & Patio and pay the
additional fees necessary to have the additional work performed
at the same time as the construction provided by this agreement is performed.
contractor's license. If either party desires additional work, - --.- -
11. The parties agree that the fence described in
If either party
12. Construction costs from the fund shall include the temporary removal and replacement of portions of the Defendant's existing fence which runs north/south parallel to Valley Street, necessary for the construction outlined in this agreement.
,* 13. It is further agreed that a Stipulated Judgment shall be entered in this matter in accordance with this agreement.
C:U1LlPtPIS.DIRW1185O.WP/Dl Page 3 of 5
14. This settlement agreement is intended as-a full and
complete release and discharge of any and all claims that
Plaintiffs or Defendant may or might have or had against each other by reason of the above facts or matters, and in full
settlement, release and discharges any and all such claims. By
executing this document, the parties hereby release and discharge
each other for all claims, damages, general or special, or injury, as well as consequences, effects and results 04 the above matters, and any other matters and resulting damages, general or special, or injury to the parties, whether the same or any circumstances pertaining thereto, are now known or unknown to the
parties or anyone else, or have already appeared and developed, or, which may be latent or in the future appear or develop og become known to the undersigned or anyone else, and**6ll rigfits
under Section 1542 of the Civil Code of the State of California,
are hereby expressly waived. The parties, and each of them,
understand that Section 1542 of the Civil Code provides as
follows :
A general release does not extend to claims which the creditor does not know or suspect exist in his
favor at the time of executing the
release, which, if known by him must have materially affected the settlement with the debtor.
15. It is agreed that this settlement agreement is not an admission of liability, or failure by any person, firm,
association, or corporation, but is a compromise of disputed
claims, and the parties hereby assume the risk of any damage or
injury to themselves which may now be latent or unexpected or which may hereafter appear, develop or occur as a result of said facts or matters or any other facts or matters.
The parties hereby declare and represent that they are effectuating the settlement and executing this document after receipt of full legal advice as to their rights from their legal counsel.
16.
17. If it should be necessary for any party to this agreement to take any legal action to enforce any provision of this agreement, the prevailing party in any such action shall be entitled to recover reasonable attorneys' fees and costs incurred in enforcing the agreement from the party against whom the action is taken.
18. This settlement agreement contains the entire agreement between the parties hereto concerning the subject matter
~ contained herein. There are no representations, agreements,
arrangements, or understandings, oral or written, between or
among the parties hereto, relating to the subject matter of this
..
agreement which are not fully expressed herein. This agreement
shall be binding on an inure to the benefit of theOsuccessors,
assigns, and personal representatives of the parties stated
herein .
19. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the rest of this agreement shall remain in full force and effect and shall in no way be affected,
impaired or invalidated. -
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20. The parties hereby certify that they have read all of this document and fully understand and approve all 'offithe same.
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21. The undersigned have executed this settlement agreement
on the date opposite his or her name as
Dated: 7- 4 , 1991
Dated: 9- 9 , 1991
Dated: 9/f , 1991
APPROVED AS TO CONTENT AND FORM:
Dated: 9/91 , 1991
, 1991
By:
gttorneys for Defendant JUNE ANDERSEN
McDOUGS & ASSOCIATES
'.
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EDWARDS. WHITE SOOY
A CIK)FCSSKJNAL CORCORATDN
ATTORNEYS AT LAW
1615MURAAYCANYONROAO
I OTH FLOOR SAN DIECO. CALIFORNIA 92 108
STATE BAR NO. 68011
TELEPHONE (6 19) 692-2020
ATTORNCYS FOR Defendant JUNE 'ANDERSEN
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
SAN DIEGO COUNTY, NORTH COUNTY BRANCH
ROBERT A. SPRING and KATHY M.
SPRING,
1 Plaintiffs, 1
V.
JUNE ANDERSEN and All Persons
Equitable Right, Title, Estate, ) Lien or Interest in the Property ) Described in the Complaint Adverse)
to Plaintiffs' Title or Any Cloud ) on Plaintiffs' Title Thereto,
Named as DOES 1 through 100, 1 inclusive,
1
Defendants. 1 1
Unknown Claiming Any Legal or 1
1 AND RELATED CROSS-ACTION. 1
Case No. N 44008
STIPULATION FOR JUDGMENT
AND JUDGMENT.
Plaintiffs ROBERT and KATHY SPRING and defendant JUNE
ANDERSEN, and their respective attorneys of record, stipulate
and agree as follows:
1. The Court will enter judgment in this action pursuant
to the Settlement Agreement attached hereto as Exhibit rlAt'
which is hereby incorporated into this stipulation by
reference.
3. This Stipulation for Judgment and any judgment entered
pursuant to same shall be recorded with the San Diego County
Recorder's office immediately after execution and filing.
DATED: September r, 1991
DATED: September 4_, 1991
DATED: September 2, 1991
APPROVED AS TO FORM:
DATED: September , 1991
ROBERT ./&a SPRING, Plaintw
_. KATHY 'SP@G,"Pla(f$hff
/ 4,' . ..& f L L*UdZ.,/'
mE ANDERSEN, Defendant
MCDOW~L 6r ASSOCIATES
KATHY SPRIN
DATED: September z, 1991 EDWARDS, WHITE & SOOY
By: Fen J. Serratore, Attorneys for JUNE ANDERSEN, Defendant
Good cause appearing,
IT IS ORDERED that judgment be entered pursuant to the
Settlement Agreement attached hereto as Exhibit "A.ft
DATED: September 1991 :': Y-*;?I I. !W*?Eii. IR.
JUDGE OF THE SUPERIOR COURT
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SETTLEMENT AGREEME NT
This Settlement Agreement is made as of the last date of
execution of any of the parties to this Agreement. This Agreement is by and between ROBERT A. SPRING and KATHY M. SPRING ("Plaintiff st') and JUNE ANDERSEN ( IIDefendantl') .
RECITALS
WHEREAS, a dispute has arisen between Plaintiffs and Defendant regarding the true and legal boundary line between real
property owned by Plaintiffs to the east and property owned by
Defendant to the west, located, respectively, at 1750 Basswood
Avenue and 3350 Valley Street, Carlsbad, California. The civil
dispute between these parties is reflected in County of San Diego
Superior.Court Case No. N44008; and
WHEREAS, the parties involved in said dispute wish to
resolve all of their claims, contentions and differences
pertaining to the above-described property. Therefore, this
agreement is considered to be the final resolution of the
parties' dispute.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Defendant's insurance carrier will pay into the trust fund of the law firm of Edwards, White Si Sooy the sum of Thirty-five Thousand Dollars ($35,000) (the ttFundua) . The Fund
will be utilized to pay for those aspects of this agreement which
are hereby made the responsibility of Plaintiffs. Any amounts remaining in the fund after full performance of the responsibility of Plaintiffs pursuant to this agreement shall be
released to Plaintiffs. Defendant thereafter waives any claim to
such Fund.
2. The original property line separating the properties of
Plaintiffs and Defendant, 100.5 feet in length ("original line"), will be moved four feet in an easterly direction along the entire
length of the boundary line, parallel to the recorded boundary pursuant to the adjustment plat attached hereto as Exhibit "A."
3. The retaining wall currently intersecting the original
boundary line, and running in a north/south direction shall be
removed at the expense of the Plaintiffs with monies from the
Fund.
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4. A new retaining wall will be constructed and paid for
from monies out of the Fund. The wall will run in a north/south
direction and shall comply with all applicable City and other codes and ordinances in accordance with the City of Carlsbad Planning Department. The retaining wall will be built entirely
upon the land of Defendant as that land is modified by this Agreement. It is intended by the parties that the retaining wall
be placed on, or as near as possible to, the newly created
boundary without encroaching on the land of Plaintiffs.
5. The retaining wall referenced in paragraph 4 above shall
be constructed as follows:
(a) Length: 100.5 feet
(b) Height: 6', or height necessary for the top of
the retaining wall to reach the level of
Plaintiffs' property.
(c) Footing depth: 1' below ground
(a) Waterproofing: Sufficient to withstand fluid pressure.
(e) Materials: Cement block wall with "Belgium castle
rock veneer" (RCP brick and block manufacturer or manufacturer of similar quality) beige in color.
6. The parties agree that dirt removed from defendant's property as a result of grading same will be deposited on defendant's property for ownership and use.
7. A six-foot high solid cedar fence running parallel to
the boundary line shall be constructed and paid for with.monies
from the Fund. This fence shall be entirely on Plaintiffs' land, and shall comply with all applicable City and other codes and ordinances. It is intended by the parties that the fence be placed on, or as near as possible to, the newly created boundary without encroaching on the land of the Defendant. The fence will be constructed as follows:
(a) Length: 100.5'
(b) Height: 6'
(c) Materials: Cedar. The cedar planks (1 x 8 x 6) will be of select grade quality.
(d) Centers: The fence will be built on six-foot centers.
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(e) Face direction: The flat face of the cedar planks
will face Defendant's yard.
8. The parties agree that the cedar fence described in Paragraph 6 shall not be removed, modified, destroyed, or otherwise altered in any way without the written consent of both
parties to this agreement. In the event of natural destruction
or dilapidation of the fence, an identical replacement fence
shall be constructed by a licensed contractor of Plaintiffs'
choice, and costs shall be paid half by Plaintiffs and half by Defendant.
9. A resurvey of both properties and a boundary adjustment
will be completed and recorded with the appropriate governmental agencies. Expenses associated with the resurvey, boundary adjustment and procuring of new legal descriptions for both properties'shall be paid on behalf of Defendant, and shall not be the financial responsibility of plaintiffs. Said costs shall include preliminary title insurance reports to the extent they are necessary.
10. The parties agree that the wall described in Paragraph
5 shall be constructed by Hofer Construction Company, 27425 North
Lake Wolhford Road, Valley Center, California 92082,
(619) 749-2364, subject to Hofer's maintenance of a California
contractor's license. If either party desires additional work,
or desires an upgrade in quality of materials, to be performed or
provided by Hofer Construction outside of the terms of this
agreement, that party may confer with Hofer Construction Company and pay the additional fees necessary to have the additional work performed at the same time as the construction provided by this agreement is performed.
11. The parties agree that the fence described in
Paragraph 6 shall be constructed by Tidwell Fence C Patio or an
equally qualified and licensed contractor. If either party
desires additional work, or desires an upgrade in quality of
materials, to be performed or provided by Tidwell Fence & Patio,
that party may confer with Tidwell Fence & Patio and pay the
additional fees necessary to have the additional work performed
at the same time as the construction provided by this agreement
is performed.
12. Construction costs from the fund shall include the temporary removal and replacement of portions of the Defendant's existing fence which runs north/south parallel to Valley Street, necessary for the construction outlined in this agreement.
13. It is further agreed that a Stipulated Judgment shall be entered in this matter in accordance with this agreement.
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' 14. This settlement agreement is intended as a full and complete release and discharge of any and all claims that Plaintiffs or Defendant may or might have or had against each other by reason of the above facts or matters, and in full settlement, release and discharges any and all such claims. By
executing this document, the parties 'hereby release and discharge each other for all claims, damages, general or special, or injury, as well as consequences, effects and results of the above
matters, and any other matters and resulting damages, general or
special, or injury to the parties, whether the same or any
circumstances pertaining thereto, are now known or unknown to the parties or anyone else, or have already appeared and developed, or which may be latent or in the future appear or develop or
become known to the undersigned or anyone else, and all rights under Section 1542 of the Civil Code of the State of California, are hereby expressly waived. The parties, and each of them, understand that Section 1542 of the Civil Code provides as follows:
A general release does not extend
to claims which the creditor does not know or suspect exist in his favor at the time of executing the release, which, if known by him must have materially affected the settlement with the debtor.
15. It is agreed that this settlement agreement is not an
admission of liability, or failure by any person, firm,
association, or corporation, but is a compromise of disputed claims, and the parties hereby assume the risk of any damage or injury to themselves which may now be latent or unexpected or which may hereafter appear, develop or occur as a result of said facts or matters or any other facts or matters.
16. The parties hereby declare and represent that they are effectuating the settlement and executing this document after receipt of full legal advice as to their rights from their legal counsel.
17. If it should be necessary for any party to this agreement to take any legal action to enforce any provision of
this agreement, the prevailing party in any such action shall be
entitled to recover reasonable attorneys' fees and costs incurred in enforcing the agreement from the party against whom the action is taken.
18. This settlement agreement contains the entire agreement
between the parties hereto concerning the subject matter
contained herein. There are no representations, agreements,
arrangements, or understandings, oral or written, between or
among the parties hereto, relating to the subject matter of this
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agreement which are not fully expressed herein. shall be binding on an inure to the benefit of the successors, assigns, and personal representatives of the parties stated
herein.
This agreement
19. If any term, provision, covenant or condition of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the rest of this agreement shall
remain in full force and effect and shall in no way be affected,
impaired or invalidated.
20. The parties hereby certify that they have read all of
this document and fully understand and approve all of the same.
21. The undersigned have executed this settlement agreement
on the date opposite his or her name as wed below.
Dated: 4-9 , 1991
W
Dated: 9.15 , 1991
APPROVED AS TO CONTENT AND FORM:
Dated: 9/4/ , 1991
, 1991
By:
dtcorneys for Defendant
JUNE ANDERSEN
McDOUGS L ASSOCIATES
ROBERT and r(AT S ING tY
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Pacific Bell Right of Way Office 7337 Trade Street, born 5410
!%in Diego, CA 92121 No Documentary
Pacific Bell
89 407560 r-t
Transfer Tax Due.By
CAF&!WD EX- THE ABOVE BOX FOR FECOKIER'S USE 205-080-37
PACIFIC BELL, a California Corporation, successors and assigns of The Pacific Telephone and Telegraph Company, does hereby release and quitclaim to the
Owners of the hereinafter described real property, all of its right, title and interest in and to the following described portion only of that certain
easement granted by Sanford J. Mock ard recorded in Book 6774, Page 547 as
Document No. 150994 on the 02 day of October, 1957, in the Office of the
County &corder of San Diego County, State of California which real property is situated in the City of Carlsbad, County of San Diego, State of California, and described as:
Lot 12 of Paradise Estates Unit No. 1 subdivision as said Lot is
shown on map of said subdivision filed for record as Map No. 3691
on the 16 day of August, 1957, in the Office of the County Recorder of San Diego County.
(Original Document Signed Septerrber 16, 1957)
Pacific Bell is informed and believes the "New Word Owner" is: Robert A.
and Kathy N. Spring
Pacific Bell covenants that the above described portion only of the easement
hereby quitclaim4 is not necessary Dr useful in the performance of its duties
to the public. - -
Executed this ar day of
PXIFIC BELL
- S. K. hTLLDE3, RIGHT OF WAY EIANAGER
2 f I 19- nbefore me, the undersigned, a Notary
to me to be the Right of Way Manager of Pacific Bell, the California
Corporation that executed the within instrument, and to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same, pursuant to its by-laws or a resolution of its board of
d irec tors.
personally appeared S.K. Wilcorrb, known
WITNESS my hand and official seal
/kLQ%L++& ,--
Notary Public In and For @id State
OFFICIAL SEAL DIANNA J. HARPER
N3161fy Public-Caltlornle
SAN DIEGO COUNTY hlf Ccmm. Exp Aug. 17.1GX I
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