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HomeMy WebLinkAboutCDP 02-28; Palisoul, Philip R., Trustee; 2008-0123772; 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 DOC# 2008-0123772 MAR 10, 2008 10:32 AM 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.: 203 - 140 - 37 - 01 PROJECT ID: CDP 02 - 28 PROJECT NAME: Palisoul Residence RELATED PROJECT ID: PR 07-108 RELATED PROJECT ID: RW 05-292 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and The Palisoul Revocable Trust dated June 20,1997 ("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 2653 Ocean Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-140-37-01, 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 The Palisoul Revocable Trust, 6/20/97 City of Carlsbad 2653 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 of <TuL^ 2007. OWNER The Palisoul Revocable Trust dated June 20, 1997 Philip R. Palisoul, Trustee (Sign'Herfe) Pamela F. Palisoul, Trustee CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. Acting City Enginee By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City\Attorney C:\Documents and Settings\Palisoul Family\Local SettingsVTemporary Internet Files\OLK33\ENCRH ACRE - PALISOUL (Concrete and Planters).docREV. 011/18/2005 State of California ) ) County of San Diego ) On W I(Date) personally appeared before me, (Name, Title of Officer) /frvfl F, (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) te/are subscribed to the within instrument and acknowledged to me that h#/sj^e/they executed the same in hjs/her/their authorized capacity(ies), and that by his/rjer/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature o OFRCIALSEAL I DAREN VASS (This area for official notary seal) Title or Type of Document Vzr^/U Date of Document H ^w^f ~ter]\ Signer(s) other than named above 7t&\Wi£( j^jrfcCtfVL/^ No. of Paaes 41 C:\Documents and Settings\Palisoul Family\Local SettingsMemporary Internet Files\OLK33\ENCRH AGRE - PALISOUL (Concrete and PlantersJ.docREV. 011/18/2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared me, *-• Here Insert Name and Title of the Officer Name(s) of Signers) TEUli I. UOWIIY ComnrtMton* 1773534 _ Notary Puttie • Callfomta I Son Otooo County I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(ies), and that by his/her/their 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. Place Notary Seal Above WITNESS my hand and official seal. Signature. OPTIONAL - Signature of Notary Publ 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: "7 li M ° "}Number of Pages: "3 «- Signer(s) Other Than Named Above:&« r</L- 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 eTmistee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb 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 Btfther: ^eY^T^ <^-r^ RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. ©2007 National Notary Association- 9350 De Soto Ave., P.O.Box 24OZ-Chatsworth, CA 91313-2402-www.NationalNotary.org Item #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: Parcel 3: 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. 1998^02.14132 of Official Records. 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