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Home My WebLink AboutPR 01-57; Pellaton, Eric; 2001-0561652; Encroachment Agreement. . I !<, ., [,< ” 1~ I. , !i L :’ .I RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 FIUG 089 2001 2=39 FM OFFICIAL REamS SAN DIES0 GOUNTY lEORDER’S ffFICE GaGoRl @MTH, alu$Y$aRDER : . SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 215-300-40 & 56 - 00 PROJECT NO. & NAME: PR 01-57 Pellaton Residence RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and Eric Pellaton, a single man (“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 6734 & 6738 Luciernaga Place, within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 215-300-40-00 and 215-300-56-00, 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 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 fence to remain in a portion of the public street 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. (C) The Owner must remove or relocate any part of the encroachment within I 1 MASTERS/FOAMS/ENCROACHMENT AGREEMENT REV. 1X24/97 9671 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 Aqreement. 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: Eric Pellaton 6734 Luciernaga Place 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. City’s consent to or approval of any act or omission by Owner shall not Waiver. 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. /Ii I!/ /Ii Ill Ill MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/Z/24/97 2 9672 8. Capacitv. 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, this parties hereto have executed this Agreement on this 13’” day of 1~1 q ,20 of. OWNER Eric Pellaton By: &%e CITY OF CARLSBAD l . By: &&-+? fl& p,,& LLOYD BrHUBBS, +!E. City Engineer APPROVED AS TO FORM: MASTERSIFORMSIENCROACHMENTAGREEMENT REV. 12/24/97 9673 State of California County of San Diego 1 On T- \?I- %30\ before me, 6UtAM314 tie GfJRbhk , goqALq-?Q\LtL , (Date) (Name, Title of Officer) 1 personally appeared cA\c?c.LLA-fQr3 ArSb rso Q-fflC RS , (Name[s] of Signer[sJ) W-OR- (or proved to me on the basis of satisfactory evidence) to be the person@.) whose name($$&ab subscribed to the within instrument and acknowledged to me that f@JsI&/th$y executed the same in @J%&/th~r authorized capacity(i&), and that by @Jl?$q/tf%?+,ir signature&J on the instrument the person&), or entity upon behalf of which the person& acted, executed the instrument. WITNESS my hand and official seal vi. -L--l?- Signatuye of Notary (This area for official notary seal) Title or Type of Document cd U,~ALH~~\G r?;r B G@,<c cv\GA7 Date of Document Aa P 6-r< No. of Pages -3 t e X H~b\-rl Signer(s) other than named above LCO~D 3 . &b665 .3. G . A J 0 AorMe R. %u& MASTERS/FORMS/ENCROACHMENT AGRiEMENT REV. 12i24/97 9674 EXHIBIT “A” LEGAL DESCRIPTION APN: 215-300-40-00 Parcel 1 of Parcel Map No. 16668, in the City of Carlsbad, County of San Diego, State of California, as file in the Office of the County Recorder of said San Diego County, October 28, 1991 as File No. 1991555520. LEGAL DESCRIPTION APN: 215-300-56-00 A portion of lot 206 of La Costa Meadows Unit No. 1, according to Map thereof No. 6800, filed in the Office of the County recorder of San Diego County, December 9, 1970 as a portion of parcel 2 of parcel map No. 16668, filed in the Office of the County Recorder of San Diego County, October 28, 1991 as file No. 91-555520 of official records, in the City of Carlsbad, County of San Diego, State of California. EXHIBIT “B” A 56’ wide Public Street easement granted to the City of Carlsbad, as shown on La Costa Meadows Unit No. 1, according to Map thereof No. 6800, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, on December 9, 1970. 9616 . . 1 3, I+---- 10' ROW 4 ( 5.5' am D ylt I D m I I- c 0 R n z b 0 b ‘D I- b 0 l-n GATE LOCAliON 6734/38 LUClERNAGA PLACE NOT 10’ SCALE PROJECT NAME 6734-6738 LUCIERNAGA PLACE WN By: SCOJJ EVANS. CARLSBAD ENGINEERING DEPT. 6/21/07 C: \DEVELOPMENl PROJECJS\PROl-57,DWG PROJECT EXHIBIT NUMBER PROI- C