HomeMy WebLinkAboutPR 02-143; Bendix, Karen R.; 2003-0153040; Encroachment AgreementDOC # 2003-0153040
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
6625 TOWHEE LANE
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-640-22-00
PROJECT NO. & NAME: PR 02-143
BENDIX RESIDENCE
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Karen R. Bendix ("Owner"), in accordance with Chapter
11.1 6 of the Carlsbad Municipal Code.
1. The ProDertv. Owner is the owner of that certain real property located at 6625
Towhee Lane, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
Number 215-640-22-00, 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 general utility and access 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 two foot by four foot retaining wall to remain in a portion of the
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.
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HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
(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 Agreement. 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
1 635 Faraday Avenue
Carlsbad CA 92008
Karen R. Bendix
6625 Towhee Lane
Carlsbad CA 92009
which addresses may be changed from time to time by providing notice to the other patty 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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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.
3% day of y&k(A-, IN WIT SS WHEREOF, this parties hereto have executed this Agre.ement on this
,20 03.
OWNER CITY OF CARLSBAD
By: . BY: A&+ts4? (Srgn here) -4 LLOYD FHU
Public Works Director
(print name here)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
3 /DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHER/ENCROACHMENT AGREEMENT REV. 121'24197
State of California )
) County of San Diego )
On ,ki;3 before me, Chme "T I
personally appeared b/e.jq R.W;lC I
(Name, Title of Officer)
(Name[s] of Signer[s])
personally known to me - OR- be
the person@$ whose name(4 is/m subscribed to the within instrument and acknowledged to
me that -ke/shekky executed the same in kis/her/M authorized capacity(* and that by
kis/herM signature# on the instrument the person($), or entity upon behalf of which the
personM acted, executed the instrument.
WITNESS my hand and official seal
-7TkYwa7
Signature of Notary
CHERE THOMAS COW. # 1225646 NOTARY PUBLIC
(This area for
official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
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EXHIBIT “A”
LEGAL DESCRIPTION
Lot 24, Carlsbad Tract 90-15-1, Map No. 012969 filed in the Office of County
Recorder of San Diego County, September 17,1992, as file No. 90-591 489.
EXHIBIT “B”
EASEMENT
A general utility and access easement granted to the City of Carlsbad, shown as
Towhee Lane on Map number 012969, 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 September 17, 1992.
LOCATION MAP
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NOT TO SCALE
PROJECT NAME BENDlX RESIDENCE I PROJECT EXHIBIT
APN 215-640-22 NUMBER PR02- 143 C
1W BY: SCOTT EVANS, CARLSBAD ENG'NERING DEPT. 1/8/03 C: \DEMlOPMENT PRMClS\PROZ-l43DW