HomeMy WebLinkAboutPR 02-62; Sanchez, Richard & Elizabeth; 2002-0716890; Encroachment AgreementRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
FEES: 26.#
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-900-21-00
PROJECT NO. &NAME: PR 02-62
Sanchez Residence "
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
he CITY OF CARLSBAD ("City") and Richard E. and Elizabeth W. Sanchez ("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 1670
)alliandra Road, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
\lumber 215-900-21-00, and more particularly described in Exhibit "A", attached hereto and
ncorporated herein by reference.
across Owner's property for open space which easement is described in Exhibit "B attached
2. The Easement. City currently owns an existing easement over, under, and
iereto and incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission
:o Owner to construct a 6' maximum height retaining wall and appurtenances in a portion of the
]pen space cas-ment. A plat showing the location or the encroachent is attached as Exhibit
'C" a!tached hereto and incorporated by reference. This Agreement is subject to the following
:ems 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 (I) loss or damages to property and (2) injury to or death of
persons.
iIDEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENT AGREEMENT
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(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 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,
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
1635 Faraday Avenue
Carlsbad CA 92008
Richard E. and Elizabeth Sanchez
1670 Calliandra Road
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 Assions. This Agrerment 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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HIDEVELOPMENTSERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENTAGREEMENT
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8. CaDacity. Each party represents that the person(s) executing this Agreement on
thereby bind such party.
behalf of such party have the authority to execute this Agreement and by such signature(s)
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this / day of
OWNER CITY OF CARLSBAD
By:
Public Works Director
By:
Elizueth W. Sanchez
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
I H:IDEVELOPMENTSERVlCESlMASTERS!AGREEMENTS. OTHEWENCROACHMENTAGREEMEM
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State of California
County of San Diego
Dersonallyappeared PtcUAoh E. S~t.kd~3 AN0 ELI?z&+~GTH g. %AtdJekEzt (Name[s] of Signer[s])
v- OR- @proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s)+/are subscribed to the within instrument and acknowledged to
me that Wthey executed the same in Wtheir authorized capacity(ies), and that by
bMer/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
Date of Document
Signer(s) other than named above
iIDEVELOPMENTSEF?ACES/MASTERS!AGREEMENTS, OTHEWENCROACHMENTAGREEMENT 4 REV. 12124191
Exhibit A
Legal Description of Property
Lot 72 of Carlsbad Tract 92-03, Unit 3, Aviara Phase 111, in the City of Carlsbad, County
of San Diego, State of California according to map thererof No. 13463, filed in the office
of the County Recorder of San Diego County, August 12, 1997.
Exhibit B
Legal Description of Easement
Open Space Easement to the City of Carlsbad dedicated over a portion of Lot 72 of
Carlsbad Tract 92-03 Unit 3, Aviara Phase 111, in the City of Carlsbad, County of San
Diego, State of California according to map thereof No. 13463, filed in the office of the
County Recorder of San Diego County, August 12, 1997.
LOCATION MAP
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AREA OF I OPEN SPACE EASEMENT ENCROACHMENT RETAINING WALL
6' MAXMUM "--b " I -3T" .-_i I I
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CALLIANDRA RD.
PROJECT NAME RWARD & ELIZABETH SANCHEZ RESIDENCE NUMBER PROJECT EXHIBIT
LOT 72, APN 215-900-21
CT 92-03 LOT 72
UNIT 3