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Home My WebLink AboutCDP 03-15; Corbin, Algie R. & Pamela R.; 2004-1201087; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE DOC # 2004-1 201 087 I llllllll Ill 111ll1111111111 Ill11 11111 lllll Ill11 111ll11111 lllll11111111 DEC 21,2004 4:45 PM UFFlClAL RECORDS SAN DlEGO COUNTY RECORDER'S UFFICE GREGORY J SMITH, COUNTY RECORDER PAGES ? FEES n on ASSESSORS PARCEL NO.: 204-253-13-00 PROJECT NO. & NAME: PR 04-69 CDP 03-15 3870 CARLSBAD BLVD HOME RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Algie R. Corbin and Pamela R. Corbin, husband and wife as joint tenants ("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 3870 Carlsbad Boulevard, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 204-253-1 3-00, 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 general utility and access 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 a block wall, planters and decorative pavement to remain in a portion of the 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 (I! loss or damages to property and (2) injury to or death of persons. 1 WDEVELOPMENT SERVICESIMASTERSIAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 (C) The Owner must remove or relocate any part of the encroachment within ten (IO) 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 !ien 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 Aqreement. 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, iirst 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 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Akjie and Pamela Corbin 143 Redwood 4venue 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 approvai of any act or omission by Owner shall trot comtitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary City's consent for approval tc\ any subsequent act ~y Owner. Any waiver by Citj of any default must be in writing and shall riot be a aiver of any other default concernins the same or any other provision of the Agreement. w 7. Successors and Assiqns. This Agr ement shall be binding and inure to the benefit of the parties hereto and their respectif e iegal representatives, succsssors, and the property, but any failure to do so does not irlvalidate this provision. assigns. awner agrees to incorporate this agreem / ct by reference in any subsequent deeds to Ill I I!! ~ I Ill Ill l!i 2 1 H /DEVELOPMENT SERVICS MASERS/AGREtMENTS. OTHEF:F~'.RO4CHU~NTAGP.€~MEIJT 8. Capacitv. Each party represents that the person(s) executing this Agreement on behalf of such party have the authwily to execut? tl-ik Agreement and by such signature(s) thereby bind such party. IN WITNESS WHFOF, this ereto have executed this Agreement on this 3@ dayof .fey/ OWNER CITY OF CARLSBAD Algie R. Corbin and Pamela R. Corbin, husband and wife as joint tenants By: /@ r 6 Pamela R Corbin Owner APPROVED AS TO FORM: RONALD R. BALL City Attorney BY. Deputy 'Ci& Attorney Pub!ic Works Director 3 I ti :DEVELOPMLNT SEP /!ZESINAST ERS'AGREWEIJTS 3THEWtNCHC)AdIMEN r AGREL "3IT I State of California 1 1 County of San Diego 1 6T J4W4tF-T 1 (Name, Title of Officer) ,sm,f before me, personally appeared A[<;/ Ffl. <# 8 BiL' #A l' OC A A? h2WJ (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) Ware subscribed to the within instrument and acknowledged to me that hefshdthey executed the same in=&k-kr/their authorized capacity(ies), and that by hehedtheir 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 (This area for official notary seal) Signature 07 NO& I Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 4 I H:/DEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHERlENCROACHMENT AGREEMENT REV. 0711 5/2002 EXHIBIT A Lot 2 in Block “G’ of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1747, filed in the office of the County Recorder of San Diego County, February 15,1923. EXHIBIT B Being the most northeasterly 20 feet of the portion of Carlsbad Boulevard public right-of- way fronting Lot 2 in Block "G" of Palisades, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 1747, filed in the office of the County Recorder of San Diego County, February 15, 1923. NOTE: REFER TO DWG 423-3A ON FILE WITH THE CITY OF CARLSBAD ENGINEERING DEPARTMENT FOR FURTHER DETAIL