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HomeMy WebLinkAbout; Abbott, Caroline A; 2018-0074411; Encroachment AgreementDOC# 2018-007 4411 111111111111 lllll 11111111111111111111111111111111111 IIIII 1111111111111 Feb 26, 2018 02:20 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $107.00 (SB2 Atkins $75.00) RECORDING 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-312-02-00 PAGES: 7 -----------PROJECT ID: -----------PROJECT NAME: 1755 TAMARACK PAVERS RELATED PROJECT ID: EAGREE2017-0019 RELATED PROJECT ID: ROW2017-0748 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Abbott Caroline A Living Trust 12-09-15 ("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 1755 Tamarack Ave within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 207-312-02-00 , 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 Public Utilities and Tree Planting 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, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed 1 Q:\CED\LandDev\PROJECTSIEAGREEIEAGREE2017\EAGREE2017-0019 1755 Tamarack Pavers\EAGREE2017-0019.doc 9/5/2014 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: Abbott Caroline A Living Trust 1755 Tamarack Ave 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. 2 Q \CED\LandDev\PROJECTS\EAGREE\EAGREE2017\EAGREE2017-0019 1755 Tamarack Pavers\EAGREE2017-0019.doc 9/5/2014 IN WITNESS WHERE F, these parties here~o~ve executed this Agreement on ID day of ,,-, 20--L/ this OWNER Abbott Caroline A Living Trust By{k;,L,._;;. ~ ) (Sign Here) // -1/1 LAi?OL/fUE' ff613u7T (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engine ing Manager R Q:\CED\LandDev\PROJECTS\EAGREE\EAGREE2017\EAGREE2017-0019 1755 Tamarack Pavers\EAGREE2017-0019.doc 9/5/2014 EXHIBIT A LEGAL DESCRIPTION OF LOT The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Lot 13 of Carlsbad Tract No. 72-18 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7657 filed in the Office of the County Recorder of San Diego County, June 7, 1973. APN: 207-312-02-00 5 Q:ICED\LandDev\PROJECTSIEAGREEIEAGREE2017\EAGREE2017-0019 1755 Tamarack Pavers\EAGREE2017-0019.doc 9/5/2014 EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT A general utility and tree planting easement granted to the City of Carlsbad according to Map thereof No. 7657 , filed in the Office of the County Recorder of San Diego County, June 7, 1973 6 Q:ICED\LandDev\PROJECTSIEAGREEIEAGREE2017\EAGREE2017-0019 1755 Tamarack Pavers\EAGREE2017-0019.doc 9/5/2014 PLAT OF PROJECT TAMARACK AVE. I _J _______ _ I I I I I I Lf PROJECT NAME DRIVEWAY BUILDING ENCROACHMENT FOR 1755 TAMARACK AVENUE APN 207-312-02-00 PLOTTED BY: SCOTT £VANS Pl.OT DATE::IO/J/17 PA1H:D:\OCVEI.CN'IIENT PRo.£CTS\PR\AUTOCAD\E:AGREE21O7-0019.DltG AREA OF ENCROACHMENT ----- PROJECT NUMBER EAGREE2017-0019 _L--- 1 I I I I I I I I I lf I EXHIBIT C .. 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State of California ) County of SAP t) \ 'i:C-fD ) on .Jaf\\At~~ l,lq Wle( before me, 1202(M/Je C[o).)t:,~ Nt5/?rtf J)u/3/r_ Date Here Insert Name and Title of the Officer personally appeared :cf A ?.::OP .S: Ge{ de;-1- 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. r·------------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. 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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 LJ 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