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.
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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.