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Home My WebLink AboutPR 00-37; Pugh, David and Wooster, Scott; 2000-0331821; Encroachment Agreement8. . RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOE -i 2000-0331821 . . ,JUN 23, 2000 8:29 AM rnICIfk REalRDs W DIEM UNNTY RECORDER’S OFFIlX 2827 GREGORY f.$ITH, COffYYRECORDER 111 llllllll!nilllllll II il llllllll rnlll 2000-0331821 ii,, ,,: “ : RIGHT-OF-WAY F%~lT NO.:, ‘NfA ENCeOApHMENT AGREEMENT ‘1 Z““ ,,: This ENCROACHMENT AGREEMENT (“Agreement”) is enter&!“” fnto between the CITY OF CAR&Z&AD (“City”) and David Pugh and Scott, V%oster (“Cwners”), in accordance wi%h.:Chgpter:~~ 1 .I 6 of the Carlsbad Municipal Code. ,o 1. er is the ownet of that&&&n real ap~?~peity Heated at 7005 Cattail Place, within the&y of Carisbad, San Diego County, Calit&nia, Aseessor’s Parcel Number 215-850-03-00, ,and more particularly described “in Exhibit “A”, attached hereto and incorporated herein by reW&ce. 2. The EaSernil City currently owns an exisl~g~easement over, under, and across Owner’s propetiy for drainage and general utility and access which easement is described in Exhibit “B” attached hereto and incorporated by reference. ,,: 3. The Encroachm;&#~c~,$@ her&y c&&nar& &d&#&& and grants its permission to Owner to allow landscaping walts,ot;r‘eactt,side~of--the.~riveway to remain in a portion of the general utility and access easement. A ‘pl~ti?#roWing 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. (C) The Owner must remove or relocate any part of the encroachment within 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l”4/&qo c 3 * . 2818 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 Aareement. This Agreement constitutes the entire agreement between the parties with respect to the sub&x$ r&M% hereof and supersedes and replaces all other agreements, oral or written, betw@&-GtM,patties with respect to the subject matter. :I( 5. ;: 2 iZ’_il( ,_ Notices. : $&&:@&i~ a[~h is,@ k~&@&& or may ~$/& given pursuant to this Agreement shall be sd$ izl,,,wfiting by Uriif&f“&&& hail, fit?&‘&&&, postage pre-paid, registered or certified withiretbrn re’ceipt requested, or by‘dfher com@%ibte,commercial means and addressed as follows:,‘, :; I__ If to the Cit)‘: ) i i_: ; If to the Owner: : : ,,;,>,.,.: i : ‘:$ f ,.,i’ ~:,:,:::.::i:::.i~“ , 2 II +:i; ( :+ri-ii,, j ,.:i ‘,* I City Engineer I David Pcj’gh;and && ~o#& City of Carlsbad 7005 Cattail Place &. 1‘1 1635 Fatiddy’Aqenue Carlsbad, CA 9%,IO9 f-i,; Carlc&adj :Q&:Qaf#f)8 _()_ ‘: ‘b ‘(S : i!j ‘>,( (: :, (,.( (, ‘:*:_f ,:: ,,:Q’“$ which addresse~~~rij~~ idi &havoe@f& time to time ,by pf&f&dg ndtic&& $pd& party in the .‘#3 manner describedaRo+& ‘( ~( ~ 33‘ “ “ 6. Waiver. G&y%Gonsent to or approval of any act or amis&& bilbwner shall not constitute a waiver of any otTi&t-default by Owner and shall not be deemed a waiver or render unnecessary City’s consent for $@proval to any subsequent;ad:by Owner; Any waiver by City of any default must be in whiting and, st?(sllC, not be a waiver of any other default concerning the same or any other provision of the Agreement, : f :;i;:g :i‘.r : ’ This, &&em&4 shal%e binding and inure to the r resp&ti&$ M&al representatives, successors, and assigns. Owner agrees to incorporate this agr&M&ht by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. ill Ill Ill Ill MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 2819 8. Each party represents that the person(s) executing this Agreement on Capacitv. behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. 26 IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this day of fi R^I ,20 00 -- OWNERS: A CITY OF CARLSBAD r r .. j ‘j I .. j ‘j I By: By: ,I/$ ,I/$ ,;~,I.$ :; ,;~,I.$ :; ,i ,i 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT RN. 12i24/97 2820 State of California County of San Diego 1 before me, t&t& &tw&; n&w mibl/L personally appeared . (Name, ?ifle of Officer)’ and (Name[s] of Signer[s]) I kro& t personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) 0 IS re subscribed to the within instrument and acknowledged to me that helshe 45 ey executed the same in his/her&? authorized capacity(ies), and that by his/her@ 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 Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages . . . I . ’ 2821 EXHIBIT “A” Lot 3 of City of Carlsbad Tract No. 90-38 Aviara Planning Area 26 North Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 13432, filed in the office of the county recorder of San Diego County June 12, 1997. Subject to the following: (1) Third amended and restated master declaration of covenants, conditions, and restrictions for Aviara recorded on September 16, 1991, as instrument No. 1991-0475307, official records of San Diego County, California and (2) Restated supplementary annexation for Phase II and administrative modification of declaration for Aviara recorded on February 24, 1994 as instrument No. 1994-0124630, official records of San Diego County, California. . ,. 2822 EXHIBIT B An easement granted to the City of Carlsbad for public utility and street access for Cattail Place, in the City of Carlsbad, County of San Diego, State of California according to Map thereof No. 13432, filed in the Office of the County Recorder of San Diego County, on June 12,1996. 2821 .9--v . ,. EXISTING WALLS PROJECT NAME PUGH/WOOSTER RESIDENCE WALL ‘N”u”M”;E”R’ EXHIBIT APN 2 15-850-03 PR000037 C