The URL can be used to link to this page

Home My WebLink AboutCDP 06-13; Campbell, Richard; 2007-0514842; 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 DOCK 200 /-061 4842iniiiiiiiiiiiiiii! AUG01.2007 12:16 PM uFHUAl Pr.CQRiJS SAh Dlf-JjU C LiUNIY RECGRDtn'S GfFiDi GREGORY,.. SMITH i.QUNTY RriTlRQERFEES- rsoo PAliES 8 iiiiiiiiiiiiiiiiii SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-020-22-00 PROJECT NO. & NAME: PR 07-38 Campbell Residence RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Richard F. Campbell, trustee of the Richard F. Campbell Trust dated February 14, 1994 ("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 5003 Tierra Del Oro, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-020-22-00, 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 public street and public utility purposes 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 driveway pavers to remain in a portion of the public street and public utility 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. H:\Development Services\PROJECTS\CDP FILES\CDP 06\CDP 06-13 Campbell Residence - RictoBonds and Agreement\ENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 (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 Richard Campbell City of Carlsbad 7668 El Camino Real 1635 Faraday Avenue Carlsbad CA 92009 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. 2 H:\Development Services\PROJECTS\CDP FILES\CDP 06\CDP 06-13 Campbell Residence - RicWBonds and Agreement\ENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 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 ^Zp^^ 20 O7. OWNER Richard F. Campbell, trustee of the Richard F. CampbellTrustdated February 14, 1994. Byv CITY OF CARLSBAD (Sign Richard F. Campbell (Print Name) LENN PRUIM, P.E. Public Works Director <r O'D 'c.vvi \ <j APPROVED AS TO FORM: RONALD R. BALL City Attorney By:MJL Deputy City Attorney H:\Development Services\PROJECTS\CDP FILES\CDP 06\CDP 06-13 Campbell Residence - Rick\Bonds and AgreementXENCROACHMENT AGREEMENT Rev 11 -2005.doc REV. 011/18/2005 State of California County of San Diego (Date)' personally appeared X>7 before me, (Name, Title of Officer) (Name[s] of Signer[s]) •personally known to me • OR- (or proved to me on the basis of satisfactory evidence) to be the persor^sf'whose name£s)-{fs^re subscribed to the within instrument and acknowledged to me that^e/^he/they executed the same in ^hiSTF^r/their authorized capacityCtcsTTand that by JTis^ier/their signature^ on the instrument the person^ or entity upon behalf of which the personJXTacted, executed the instrument. WITNESS my hand and official seal IOFFICIAL SEAL VICKI COLLONOTARY PUBLIC-CALIFORNIA!COMM. NO. 1598588 S SAN DIEQO COUNTY m MY COMM. EXP. JULY 31,20091 Signature of Notary (This area for official notary seal) Title or Type of Document. Date of Document No. of Pages Signer(s) other than named above. H:\Development Services\PROJECTS\CDP FILES\CDP 06\CDP 06-13 Campbell Residence - RicWBonds and Agreement\ENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 State of California ) ) County of San Diego ) On July 19, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared John O'Donnell, personally known me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary BELINDA R.GUZMAN Commission # 1565777 I Notary Public - California j San Diego County i My Comm. Expires Mar 31.20091 (This area for official notary seal) EXHIBIT "A" PROPERTY DESCRIPTION THAT PORTION OF LOTS 19 AND 20, TIERRA DEL ORO, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3052, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 4, 1954, AND DESCRIBED AS PARCEL B IN CERTIFICATE OF COMPLIANCE RECORDED JUNE 20, 1978 AS INSTRUMENT NO. 78-255386 OF OFFICIAL RECORDS, AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID LOT 19, THENCE SOUTH 66 DEGREES 54'10" WEST 233.33 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 19, THENCE NORTH 14 DEGREES 19' WEST, 51.77 FEET MORE OR LESS TO A POINT ON THE WESTERLY LINE OF SAID LOT 19, FROM WHICH THE NORTHWEST CORNER OF SAID LOT 20 BEARS NORTH 14 DEGREES 19° WEST 51.77 FEET, THENCE PARALLEL WITH THE NORTHWESTERLY LINE OF SAID LOT 20, NORTH 66 DEGREES 54'10" WEST, 238.38 FEET, THENCE SOUTH 45 DEGREES 38°26' EAST 26.86 FEET, MORE OR LESS TO A POINT ON A 40 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY , THENCE SOUTHWESTERLY ALONG SAID CURVE 36.40 FEET OF THE POINT OF BEGINNING. CDP 06-13/CB 07-20 CAMPBELL RESIDENCE EXHIBIT "B" EASEMENT DESCRIPTION TERRA DEL ORO AS DEDICATED FOR PUBLIC USE, FILED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3052, IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 1954. CDP 06-13/CB 07-20 CAMPBELL RESIDENCE