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HomeMy WebLinkAboutCDP 02-28; Kiko, Fredrick J; 2008-0243995; Encroachment AgreementRECORDING 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 SPACE AE DGC# 2008-0243995 MAY 06, 2008 4:12 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J .SMITH, CO LI N T Y R E CO R D E R FEES: 30.00 PAGES: ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 8 203-140-10 CDP 02 - 28 Kiko Residence PR 07-110 RW 05-292 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Fredrick J. Kiko ("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 2649 Ocean Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-140-10, 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 Fredrick J. Kiko City of Carlsbad 2649 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 heretotiave executed this Agreement on this 3- _f_ day of /WA^Of 20 OK OWNER By: By: (Sign Here£/ Fredrick J. Kiko (Print Name Here) (Sign Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: Q^ . David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ^eputy City Attoney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On "before me, personally appeared Here Insert Name anl THIe of the Officer Name(s) of Signers) OFFICIAL SEAL DAREN VASS who proved to me on the basis of satisfactory evidence to be the person^ whose narriefe) is/a^e subscribed to the within instrument and acknowledged to me that he/she/thay executed the same in hisThar/^eir authorized capacfty(ips), and that by his/h^rA^eir agnature^ on the instrument the personfo), or the entity upon behalf of which the personj$ 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 h€fld and official seal. Place 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 coukl prevent fraudulent renwvatarrtreattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: .. Number of Pages:. Signer(s) Other Than Named Above: Capaclty(ies) Claimed by Signers) Signer's Name: P Individual D Corporate Officer—Title(s): _,_, D Partner — ED Limited D Genera) P Attorney in Fact P Trustee P Guardian or Conservator P Other: •- ..' Signer Is Representing:. here Signer's Name: P individual P Corporate Officer—Trtle(s): . P F^rtner — P Limited P General P Attorney in Fact P Trustee P Guardian or Conservator P Other: Signer Is Representing: Ibp'oF thjjfntj O2007 NationalNotary Aaaoctetton* 9350 De Soto Ava., P.O.Box 2402*Chsrt8WOrth,CA 9t313-2402-www.NattonaJNotery.org ttem «807 Reorder Gal ToM-ftpe 1-800^76-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of; On Date personally appeared. before me, •'i O fl ~Te^-t G *-• -^Li u Hare Insert Name and Toe offthe Officer /(!u5L.c- Name(s) of Signer(s) TONE I. ROWLEY CommHrton # 1773934 Notary Public - California | tan Dtogo County who proved to me on the basis of satisfactory evidence to be the person^sfwhose name(s) is/arer'subscribed to the within instrument and acknowledged to me that he/she/fbeyexecuted the same in his/berflberf authorized capacity£fes£ and that by his^bei7tbeif'signature(87'on the instrument the person(sV or the entity upon behalf of which the personjsfacted, 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: v" "^ <-*~^ =J-' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here O2007 National Notary Association' 9350 DeSotoAve., P.O. Bon 2402 •Chatsworth.CA 91313-2402-www.NationalNotary.org ltem#5907 Reorder: Call T*Ftse 1-800-876-6827 Exhibit A Legal Description LOTS 13 AND 14 IN BLOCK "A" OF HAYES LAND COMPANY ADDITION TO CARLSBAD MAP NO. 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 4,1909, INCLUDING THAT PORTION, IF ANY, LYING BETWEEN THE ABOVE DESCRIBEDPROPERTY AND THE LINE OF ORDINARY HIGH TIDE OF THE WATERS OF THE PACIFIC OCEANS AND EXCEPTING THAT PORTION, IF ANY, OF SAID LOTS LYING BELOW THE LINE OF ORDINARY HIGH TIDE OF THE WATERS OF THE PACIFIC OCEANS. 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