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HomeMy WebLinkAbout; Colson, Edward and Karen; 2018-0034858; 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# 2018-0034858 1111111111111111111111111111111111111111111111111111 IIIII IIIII IIII IIII Jan 29, 2018 11 :42 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $110.00 (S82 Atkins $75.00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-491-04-00 -----------PROJECT ID: EAGREE2017-0015 PROJECT NAME: COLSON RESIDENCE DRIVEWAY PAVERS RELATED PROJECT ID: EAGREE2017-0015 RELATED PROJECT ID: ROW2017-0440 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Edward E. Colson, Ill, and Karen Jeanne Colson, Husband and Wife as Community Property ("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 2646 Marmol Ct. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-491-04-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for Street 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 decorative pavers 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, C:\Users\vnels\Desktop\EAGREE2017-0015 PAVERS.doc 9/5/2014 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Edward E. Colson, Ill, and Karen Jeanne Colson, Husband and Wife as Community Property 2646 Marmol Ct Carlsbad, CA 92009 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 C:\Userslvnels\Desktop\EAGREE2017-0015 PAVERS.doc 2 9/5/2014 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 !}TNESS WHERE?i: th1se parties hereto have executed this Agreement on this t:J-day of ~;-, E , 20E. (Sign Here) 6/lllllvJ G.-U)~ort, ]J[ By ~Na;:;a;~ ~~) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 3 C:\Users\vnels\Desktop\EAGREE2017-0015 PAVERS.doc 9/5/2014 CITY OF CARLSBAD, a municipal corporation of the State of California CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 ---------------------------------- A notary public or other officer completing this certificate verifies only the identity of the 1naiv1aual who signed the document to which this certificate is attached, and not the truthfulness. accuracy, or validity of that document State of California County of .S«A n __ 0 :,_«_,._di-cu~· -------- On Jii..LL Y / 11 beforeme, t_r,5.+0.1<.:<.. IP·V..;vt_s No}CI\.(''( Pvbi/c. Date Here Insert Name and Title of the Officer personally appeared _,f_.._~_i,..,J_~_J_t;_··_-'C=o_/c....S-'-o-'-n~11I~-~--"i=--c_,r_"_l"'\_-S_e_c,_n_~ __ C_o_J S_o_h ____ _ Name(s) of Signer(s) ------------------- 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 rie/she/they executed the same in his/her/their 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. Place Nota1y Seal Above I certify under PENAL TY 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 Signature of Notary Public ---------------oPTTONAL--------------- Though this section is optional, completing this information can deter alteratior0 of the document :Jr fraudulent reattachment of this Form to af' umntended document. Description of Attached Document Title or Type of Document: UlCnJL,.;,,h~i-1 i Ac,rc.....~± __ Document Date Number of Pages: :3 Signer(s) Other Than Named Abc,e Capacity(ies) Claimed by Signer(s) Signer's Name: . Corporate Officer Title(s): ____ _ Partner Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer !s Represent;ng: S:gner's Nar7;e: Corporate Officer -r:tieisJ: --~------- Partner Limited General !rdividuai Attorney in !=act Tr:Jstee GL.ardian ot Corser1ator Other: Signer Is Representing X)C,(,'C<:,'<-'k,~'C(,=~'C{;,'<.X,'<;:,<_;e:~~'Q<,'&i,~'C(,~'G(,'C(,'qi,-=.,""X;'C<,.'C<,'C(,-.C~~~'§i(,.'<;,;;<.;<:~'C(,~.,(,,'C(,'C(,'G'A,~'C-<;."VX,'<c:Z,'< '.920"14 National Notan; Association • www.NationalNotary.org · '-800-US ',JOTAPY (1-800-876-6827 '.ten-, #5907 EXHIBIT A PROPERTY DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE-STATE OF CALIFORNIA, COUNTY OF SAN DIEGO AND IS DESCRIBED AS FOLLOWS: LOT 79 OF CARLSBAD TRACT NO: 75-4, LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN-DIEGO COUNTY ON MAY 5, 1976. EXCEPTING THEREFROM 1116TH OF ALL COAL, OIL, GAS AND OTHER MINERAL DEPOSITS CONTAINED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4· WEST, AS RESERVED BY THE STATE OF CALIFORNIA IN PATENT RECORDED APRIL 22, 1954 IN BOOK 5212, PAGE 490 OF OFFICIAL RECORDS, THE RIGHT TO THE USE OF THE SURFACE, INCLUDING ITS RIGHT TO ENTER SUCH LANDS TO A DEPTH OF 500 FEET BELOW THE SURFACE WAS RELEASED AND WAS QUITCLAIMED-BY THE STATE OF CALIFORNIA TO LA COSTA LAND COMPANY BY A QUITCLAIM RECORDED JUNE 30, 1971 AS FILE NO. 141047 OF OFFICIAL RECORDS. ALSO EXCEPTING ONE-HALF INTEREST ,IN O.IL AN"D MINERAL RIGHTS I FOR A PERIOD OF 20 YEARS FROM DATE OF RECOMMENDATION TO BE CONTINUED IF OIL OR MINERALS SHALL BE DEVELOPED WITHIN 5 MILES OF THE PROPERTY, OTHERWISE TO REVERT TO THE LAND. RIGHTS OF EXPLORATION SHALL NOT BE INCLUDED, HOWEVER, SLANT . DRILLING MAY BE MADE FROM AN ADJOINING PROPERTY, PROVIDED THAT THIS DRILLING BE AT LEAST 100 FEET IN DEPTH MEASURED ANYWHERE ON THE ABOVE DESCRIBED, IN LOTS 3 AND 4, WEST HALF OF THE SOUTHWEST QUARTER, SECTION 30, TOWNSHIP 12 SOUTH, RANGE 3 WEST, AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF. 4 C:\Userslvnels\Desktop\EAGREE2017-0015 PAVERS.doc 9/5/2014 EXHIBIT B EASEMENT A PUBLIC STREET EASEMENT AS DEDICATED PER LA COSTA ESTATES NORTH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8302, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 5, 1976. 5 C:\Users\vnels\Desktop\EAGREE2017-0015 PAVERS.doc 9/5/2014 ------lg - --------- PROJECT NAME LOCATION ' \ ' ' \ \ \ \ \ ' ' \ \ \ \ AREA OF ENCROACHMENT (CONCRETE PA VERS) --- \ \ \ \ \ \ \ \ ' ENCROACHMENT FOR COLSON RESIDENCE 2646 MARMOL COURT APN 215-491-04-00 \ MAP ~ \ \ \ \ " / y \ \ PROJECT NUMBER NOT TO SCALE / \ I I I / / / / / / / / EXHIBIT EAGREE2017-0015 C PLOTTED BY: SCOTT EVANS PLOT DA~6/15/17 PATH:D: \DEVELOPMENT SER\fCES\VALRAY NELSON\EAGREE2017-0015.DWG CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of-=t::U\ Dlf;&Q ) oSat\.l,tQi\.\ 1\ 2o I<( before me, ___,12o=-=--X-'--"--a---'Y)__;:__,}'\,_,,_-(_ill""'-=-o---'----l'\-=-es=,.,,-I ........ N---=--=:;l?_:_T=o___;v y-1----L-P_u_l)_~ __ 1Jate Here Insert Name and Title of the Officer personally appeared __ Ji_Ci~S_c;,_\/\_=.S~-G~'t'--l--=D-'f"'--'li-=-i_T ___________ _ Name(s) of Signer(s) 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/her/their 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 PENAL TY 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 Rd)Ct:iJtdll) ~C>/klA Signatur, ~Notary Public Place Notary Sea/ Above ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s} Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907