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HomeMy WebLinkAboutCT 02-26; Norine Sigafoose; 2008-0061711; 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# 2008-0061711ill I FEB 06, 2008 4:26 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J. S MIT H. CO LI N TY R E CO R D E R FEES: 0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID- PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 203-235-04 CT 02-26 Seashore on the Sand PR 03-71 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Norine Sigafoose, an unmarried woman ("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 2805 Ocean St. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-235-04, 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 and 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 enhanced paving & roof overhang to remain in a portion of the public road and utility easement. A plat snowing 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. F:\PR030071-sigafoose.doc REV. 07/26/07 (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 Norine Sigafoose City of Carlsbad 2805 Ocean St 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. 2 F:\PR030071-sigafoose.doc REV. 07/26/07 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 / I day of W Vi-z/txn^-y^ , 20 #^x U OWNER By: By: (Sign H^re) ( RlorLi kUEL S/ c, (Print Name Here) (Sign Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer : (1JBy ^_^ 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:X)t>.Jt Deputy City Attorney F:\PR030071 -sigafoose.doc REV. 07/26/07 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Dieg d<7 On personally appeared before me, 7 Here Insert Name and "fle of the Officer u "pfle of the Name{s) of Signer(s) tNA KARIMISAIEH jCommiMton # 1600260 DMQo County I Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^ whose name^a) is/are subscribed to the within instrument and acknowledged to me that -be/shc/thcy1 executed the same in -Ws/her/foetf- authorized capacity(iesr), and that by -Ns/her/thefr signature(8)"on the instrument the person^, or the entity upon behalf of which the person^ 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 seal. e j/Signature CW^l. Art/. Signature of Notary Public 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: £ tic F# 4^h Meewi~ Atf r-eeWfrl'J" Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _/ 5f Individual I 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: .5<?//- RIGHTTHUMBPRINTI OF SIGNER Top of thumb here 3igner's Name: D individual D Corporate Officer — Title(s): D Paittner — D Limited D General D Attorney in Fact D Trusted D Guardia\i or Conservator D Other:. Signer Is Representing:, RIGHTTHUMBPRINT OF SIGNER ) of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT &jmSfSS^S<S&SGfiS&<^^S^^S^!^&fi&^^x^ State of California County of : i | 7 1 1 3^<=> g before me,On Date personally appeared I- Here Insert Name and Title of the Officer Name(s/bf Signers/ ml i i ••••* HOWIIY E Commtoiion # ms«M } Notary Mbflc - California | $on Ol«qo County^ MvComnrv^ ' —-•••"• Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^) whose name(&f is/ape subscribed to the within instrument and acknowledged to me that he/sja£/thpy executed the same in his/tyefr/th^ir authorized capacity (W), and that by his/beVthpIr signature^) on the instrument the person(sV, or the entity upon behalf of which the person(sf 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 seal. Signature. OPTIONAL Signature of Notary Public XT* 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: _ L JjIH JJ^ 9_°_S Signer(s) Other Than Named Above: N Capacity(ies) Claimed by Signer(s) Signer's Name: H^ Me /H t~H T Number of Pages:? *3 3 £'b>.A/T)o5C t». Corporate Officer — Title(s): Partner — "" Limited : General Attorney in Fact Trustee Guardian or Conservator . Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here | Signer's Name:. Individual . Corporate Officer — Title(s): Partner — Limited General . Attorney in Fact .. Trustee Guardian or Conservator li-Offier: _ Signer Is Representing: ©2007 National Notary Association• 9350 De Soto Ave. P.O Box 2402-Chatsworth.CA 91313-2402-wwwNationalNotary.org Item S5907 Reorder Call Toll-Free 1-800-876-6827 Exhibit "A" All that certain real property situated in the County of San Diego, State of California, described as follows: Lots 47 and 48 and the Northerly 10.00 feet of Lot 49, in Block "A" of the Hayes Land Company Addition to Carlsbad, Map No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1221, filed in the Office of the County Recorder of San Diego County, November 4, 1909. EXCEPTING THEREFROM that portion, if any, now or heretoafter lying below the mean high tide line of the Pacific Ocean. Assessor's Parcel Number: 203-235-04 loduiig Design Group, Inc. ExKibi-V "B" LEGAL DESCRIPTION FOR ENCROACHMENT AGREEMENT FOR SEASHORE ON THE SAND LOCATED AT 2805 OCEAN STREET, CARLSBAD, CA 92008 Lad wig Job #L-1078 December 20, 2007 THE NORTHEASTERLY 5 FEET [MEASURED PARALLEL TO OCEAN STREET] OF LOTS 47 AND 48 AND THE NORTHERLY 10.00 FEET OF LOT 49 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 MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY NOVEMBER 4, 1909. SUBJECT AREA CONTAINS APPROXIMATELY 300 SQUARE FEET. ROBERT C. LADWIG, LS 3189 REGISTRATION EXPIRES JUNE 30, 2008 2234 Faraday flvenue 4 Carlsbad, California 92008 (760) 438-3182 4 FflX (760) 438-0173 4 €mail ldg@dujilsoneng.com • o ^5 £ -1 rz n oio o oCM CM T— O E | 2 ^C u X* 1 (N 7 / U i<^i CO o T™ J^ O »— C/ X"C Iu. t 0. | OCEAN STREET 1 ih ? N34*40'24'W 1 59.99'-^. 1 / to -1- T | b f &8888§^%^^ 107 ^-I/l /^-*-lo •• 1 — I <f — 1 UJ iu oo o ^^z. t LU \ Q \ / x (/) O s» in CO Q TV.LU O l^1o <^-o *^ *£ 0 ^m n &. ^ uo Is N T , 00 -]1 )- 0) -1- *. 1 Oi • i • o 0 0 Qo —1 —1 -IS LJ vuCO ^*v\ .\J^P /- BEING A N |5> b '- ^^^ Ol ^. ^^ 1 1 *°-f 1 ih 1 O HJ H iT HJ 1—o b—1 -/ /- —1 -* /~ SUBDIVISION OF LOTS 47 AND J 48 AND THE NORTHERLY 10.00 FEET OF LOT 49, IN BLOCK "A" OF THE HAYES LAND ~ COMPANY ADDITION TO CARLSBAD, MAP inin NO. 2, IN 2 OF SAN THE CITY OF CARLSBAD, COUNTY DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1221, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, 1 \ \ \ / i, V1\ NOVEMBER 4, 1909. EXCEPTING THEREFROM THAT PORT/ON, IF ANY, NOW OR HERETOAFTER LYING BELOW THE MEAN HIGH WE LINE OF THE PACIFIC OCEAN. *> ^— N34MO'24'w 59.99' — ^ "" Uftduiig Design Group, Inc. W//Y//// ? AREA OF EXISTING ENHANCED PAVING 2234 FflflflDflV RV€NU€ CflRLSBflD. CR 92008 £ AND ROOF 0 VER-HANG PHON6 (760) 438-31 82 FRX (760) 438-01 73 4/?r/i n/r FrurpnAri-iurMT AnprrurNT PI AT FOR FNCROACHMENTm>CXXXX rj f^l \ l—r\ \SI t— r » \SI * *~ff i ^^* i in t— i T • r * vi •* *_h_iv> fc_> • • ^ FO/? A/f ^ ENHANCED PA VING 65± SO. FT., SEE DWG. 443-7 12/20/07 L-1078 AGREEMENT AT 2805 OCEAN ST. CARLSBAD, CA 82008 (^