HomeMy WebLinkAboutCDP 02-28; Blair, Martin L and Cynthia S; 2008-0243996; Encroachment Agreementft
RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2008-0243996
MAY 06, 2008 4:12 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH, COUNTY RECORDER
FEES: 30.00
PAGES: 8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
PROJECT ID:
PROJECT NAME:
RELATED PROJECT ID:
RELATED PROJECT ID:
203 - 140 - 37 - 02
CDP 02 - 28
Blair Residence
PR 07-107
RW 05-292
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Martin L. Blair and Cynthia S. Blair ("Owner"), 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
2655 Ocean Street within the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 203-140-37-02, and more particularly described in
Exhibit "A", attached hereto and incorporate herein by reference.
2. The Easement. City currently owns an existing easement over, under,
and across Owner's property for Public Road 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 Landscape Planters, Irrigation, and walkways to remain in
a portion of the public road 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 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 Martin L. Blair and Cynthia S. Blair
City of Carlsbad 2655 Ocean Street
1635 Faraday Avenue Carlsbad, CA 92008
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. 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 Assigns. 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.
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, these parties hereto have executed this Agreement on
this ">? - day of M-A/Xo^ 2QC?t .
OWNER
By:
By:
L
(Sign Here)
Martin L. Blair
Name Here)
(Sign Here)
Cynthia S. Blair
(Print Name Here)
CITY OF CARLSBAD
ROBERT T. JOHNSON, JR., P.E.
City Engineer
By:
David A. Hauser, Deputy City Engineer
RCE 33081 Exp. 06/30/2008
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On
r\
MA£-xQ7s before me,
Date
L. A t&kr>
Herelnsert Name and Title of the
personally appeared g/23/fe /3nd, {Will 1ft S
Name(s) of SlgneV(s)
AMBRA L. AUSTIN I
Commission # 1738614 I
Notary Public - California |
San Diego County -
MyComm.ExplresAprl3.20n |
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) -ie/are subscribed to the
within Instrument and acknowledged to me that
•be&he/they executed the same in b&her/their authorized
capacity(ies), and that by Nafeecftheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official se
Race Notary Seal Above
Signature
OPTIONAL-
Signature of Notary Public
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: 9. Y\C f>O
Document Date: 22* .M.7)i.e.£>>Number of Pages:: (3 }
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
n Individual
D Corporate Officer — Title(s):
D Partner — n Limited D General
P Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
Signer Is Representing:.
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
® 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 24O2•• Chatsworlh, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call ToH-Free 1 -800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On ArV»«-
Date
personally appeared
before me,*-..tc.Le^
re Insert Namejand'Here Insert
u<
ntle of the Officer
Name(s) of Signers)
IBHf I. ROWlfY
CommtMton * 1779634
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Son Otogo County
who proved to me on the basis of satisfactory evidence to
be the person(8f whose namej^ls/aier^ubscribed to the
within instrument and acknowledged to me that
he/sheftbey" executed the same in his/benthetf authorized
capacity^es); and that by his/jje^bctfsignature^sTon the
instrument the person(s)f or the entity upon behalf of
which the personj^facted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above
Signature
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:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: __^
Q Individual
D Corporate Officer —Title(s):
D Partner —- D Limited D General
Q Attorney in Fact
D Trustee
D Guardian or Conservator
D Other: :
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of fHumb here
Signer's Name:
D Individual
D Corporate Officer — Title(s):
D Partner — D Limited D General
D Attorney in Fact
D Trustee
D Guardian or Conservator
D Other:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
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®2007Natfonal Notary Association* 9350 DeSoto Ave., P.O.Box 2402 •Chatsworth, CA 91313-2402 •www.NatlonalNotaiy.org ltem»5907 Reorder: Call Toll-Free 1-800-876-6827
Exhibit A
Legal Description
A Condominium comprised of:
Parcel 1:
An undivided one-half (1/2) interest as tenant in common in and to Lot 1 of Parcel
Map 18120, in the City of Carlsbad, County of San Diego, State of California, filed in
the Office of the County Recorder of San Diego County, September 29,1998.
Excepting there from the following:
a) All living units 1 and 2 as shown and defined in that certain Condominium
Plan entitled "Ocean Street Condominiums" recorded in the Office of the
County Recorder of San Diego County, June 6, 2000 as File No. 2000-
0297180 of Official Records.
b) The right to possession of all those areas designated as "Exclusive Use
Common Areas" shown upon the Condominium Plan referred to above;
and
c) Any portion heretofore or now below the mean high tide line of the Pacific
Ocean.
Parcel 2:
Living Unit 1 as shown upon that certain Condominium Plan referred to in Parcel 1
above:
ParcelS:
The exclusive right to use, possession, and occupancy of those portions of Parcel 1
described above which are designated on the Condominium Plan referred to above as
"Exclusive Use Common areas" bearing the same number as the Living Unit
described in Parcel 2 above.
Parcel 4:
A non-exclusive easement appurtenant to Parcel 2 described above herein for access,
ingress, and egress on, over, and across the Common Area as defined in the
Declaration of Restrictions recorded November 2, 1998 as File No. 199820714132 of
Official Records. _f~,
<J /
LEGAL DESCRIPTION
EXHIBIT B
The easement; Ocean Street, as dedicated on Map No 2 of the Hayes Land
Company Addition #2 dated November 4,1909 and further recorded in the
City of Carlsbad Book of Maps, Page 1221