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HomeMy WebLinkAboutPR 01-92; Chase, John Dana & Denia Ione; 2001-0821927; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 NOW 03, 2001 3-08 OFFICIAL ECOHDS SAN DIEGO COUNTY RECORDER'S OFFICE FEES: 25.00 GMFORY d. %ITHI COUNTY RECORDER SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 221-812-03-00 PROJECT NO. & NAME: PR 01- Chase Residence RIGHT-OF-WAY PERMIT NO.: RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and John Dana and Denia lone Chase ("Owner"), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code. 1. The ProDerty. Owner is the owner of that certain real property located at 6278 Paseo Elegancia, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 221-812-03-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. across Owner's property for General Utilities which easement is described in Exhibit "B 2. The Easement. City currently owns an existing easement over, under, and attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow decorative and standard concrete and a gate conforming to the specifications noted in Exhibit "C to remain in a portion of the General Utility Easement. A plat showing the !ocation 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. vlASTERSiFORMSiENCROACHMENTAGREEMENT 1 REV. 12i24B7 (C) The Owner must remove or relocate any part of the encroachment within ten (IO) 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 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, and addressed as follows: registered or certified with return receipt requested, or by other comparable commercial means If to the City: If to the Owner: City Engineer City of Carlsbad Carlsbad CA 92008 1635 Faraday Avenue John and Denia Chase 6278 Paseo Elegancia 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 Assians. 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. 2 IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this -day of OCT. ,205. OWNER CITY OF CARLSBAD By: "2 LLOYD B.GUBBS, a. City Engineer '. APPROVED AS TO FORM: RONALD R. BALL City Attorney By: clG-&&" City Attorney 3 REV. 12/24/97 State of California 1 County of San Diego 1 1 On l0~22J01 before me, LAURA LYNNE, NOTARY PUBLIC (Date) (Name, Title of Officer) personally appeared DENlA CHASE AND JOHN DANA CHASE (Name[s] of Signer[s]) personally known to me - 00~00(m~~osrpeo~~keirr06.d~erYoIKle) to be the person(s) whose name(s) Mare subscribed to the within instrument and acknowledged to me that hkbdthey executed the same in 4bdhItheir authorized capacity(ies), and that by #-"/their signature(s) on the instrument the person(s), or entity upon behalf of which the person@) acted, executed the instrument. .. WITNESS my hand and official seal 1 (This area for Signature of Notary official notary seal) 4 REV 1Zf24B7 EXHIBIT “A” LOT 34 OF CARLSBAD TRACT NO. 97-01, RANCHO CARRILL0 VILLAGE “H”, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOG NO. 3581, FILED IN THE OFFICE OF THE COUNTY OF RECORDER OF SAN DIEGO COUNTY, JUNE 10, 1998. EXHIBIT “B” General Utility Easement granted to the City of Carlsbad on Map No. 13581.