The URL can be used to link to this page

Home My WebLink AboutPR 01-70; Kelly, George & Lori; 2001-0617420; Encroachment Agreement, . DOC # 2001-0617420 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 f#UG 29s 2001 I:58 PM OFFICIk moRD!i SW DIEGO CWNPI RECORDWS OFFICE I GREGRRY @mHs afTYYErn : . 10077 2001.0017420 I SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 156-200-25-00 PROJECT NO. & NAME: CB 010141 Kelly Residence PR 01-70 RIGHT-OF-WAY PERMIT NO.: N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and George T. Kelly and Lori Savoy-Kelly (“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 2816 Highland Drive, within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 156-200-25-00, 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 RIGHT OF WAY 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 a 2 ‘/ foot free-standing block wall to remain in a portion of the public right of way 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. 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 10078 (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 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: If to the Owner: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 George T. Kelly and Lori Savoy-Kelly 2816 Highland Drive 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 Assisns. 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. MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/?37 10079 8. Each party represents that the person(s) executing this Agreement on Capacity. 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 e*ay of -(2{ ,2001 . OWNER /’ CITY OF CARLSBAD APPROVED AS TO FORM: RONALD R BALL A# 3-L City Attorney MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 1 iii.24197 r 10080 State of California County of San Diego ) On 7/27/01 before me, Mary Green , (Date) (Name, Title of Officer) personally appeared George T. Kelly and Lori Savoy Kelly I (Name[s] of Signer[s]) personally known to me - OR- (or 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Encroachment Agreement Date of Document 7/27/01 No. of Pa Signer(s) other than named above Lloyd B. Hubbs an % es Ronald R. Ball MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY That portion of Tract 121 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County, March 1, 1915, more particularly described as follows: Commencing at the Southwest corner of said Tract 121; thence North 34”33’00” West along the Southwesterly boundary of said Tract 121, a distance of 1098.19 feet to the True Point of Beginning; thence North 55’27’00” East 117 feet; thence North 34”33’00” West 43.31 feet to a point in the North line of the land conveyed to William W. Rogers, et ux, recorded in Book 2230, page 239 of Official Records; thence North 89”05’00” West along said north line 143.65 feet to a point in the Southwesterly line of said Tract 121; thence South 34”33’00” East along said Southwesterly line 126.64 feet to the True Point of Beginning. I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 . 10082 EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT 60 foot wide Public Right of Way per Tract 121 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the office of the County Recorder of San Diego County, March 1, 1915. 6 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 CALE 4’ / DRIVEWAY STONE WALL PAVEMENT HIGH1 AND DR. PROJECT NAME KELLY RESIDENCE AWid By: SCOTT EVANS. CARLSBAD ENGINEERING DEPT 7/5/01 C: \DEVELOPMENT PROJEClS\PROl-70DWG PROJECT EXHIBIT NUMBER PROI- C