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Home My WebLink AboutPR 02-72; Pham, Lai and Mylien Cong; 2002-0716889; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAILTO: CITY OF CARLSBAD City Clerk 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2002-0716889 OFFICIAL REWRDS SW DIEGO WUKlY REWRDER'S OFFICE FEES: 26.00 GREGORY J. SMITH, KMY REWRDER SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-900-53-00 PROJECT NO. 8 NAME: PR 02-72 PharnlCong Residence ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between he CITY OF CARLSBAD ("City") and Lai Pham and Mylien Cong ("Owner"), in accordance with :hapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 1650 ;alliandra Road, within the City of Carlsbad, San Diego County, California, Assessor's Parcel \lumber 215-900-53-00, and more particularly described in Exhibit "A", attached hereto and ncorporated herein by reference. ?.cross 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 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 :erms 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. iIDEVELOPMENT SERVICESAUSTERSIAGREEMENTS. OTHEWENCROACHMENT AGREEMENT 1 (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 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, 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 Lai Pham and Mylien Cong City of Carlsbad 1650 Calliandra Road 1635 Faraday Avenue Carlsbad CA 92009 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 any default must be in writing and shall not be a waiver of any other default concerning the unnecessary City’s consent for approval to any subsequent act by Owner. Any waiver by City of 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. Ill Ill Ill Ill Ill H:IDEVELOPMEMSERVICESIMASTERSJAGREEMENTS. OTHEWENCROACHMENTAGREEMENT 2 8. Capacity. 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. "IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 1 s- day of TH% ,20& OWNER CITY OF CARLSBAD By: By: Public Works Director By: APPROVED AS TO FORM: RONALD R. BALL City Attorney I HIDEVELOPMENTSERVICESIMI\STERSIAGREEMENTS. OTHEWENCROACHMENTAGREEMENT 3 REV. 12i24i9? State of California ) ) County of San Diego ) OnTuh \d? (date) before me, 4- (Nam Title of Officer) personally appeared k (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@) &are subscribed to the within instrument and acknowledged to me that t@s(e/they executed the same in $/i-y?r/their authorized capacity(ies), and that by tfs/t$r/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 IA- PU Signatde of Notary (This area for official notary seal) Title or Type of Document Xmwo ach& l;\semev~ t Date of Document 1- IS+ a No. of @ages is Signer@) other than named above H:IDEVELOPMEMSERVlCES!MASTERWAGREEMENTS. OTHEWENCROACHMENT AGREEMEN1 4 Exhibit A Legal Description of Property Lot 67 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. Exhibit B Legal Description of Easement Open Space Easement to the City of Carlsbad dedicated over a portion of Lot 67 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 \ \ ” \ \ I I ”\”” \ \ \ 0 \ 0 \ \ IW \ \ 0 , \ \ , , ,K \ \ \ \ , I OPEN SPACE \ , , \ \ \ \ LOT 67 CT92-03 PHASE 111 UNIT 3 \ ””---” -”--- -E - ~ . Rp.c.obD +Q NOT TO SCALE GbLL‘b PROJECT NAME 7650 CALLIANDRA ROAD PROJECT PRO2-72 NUMBER EXHIBIT C LOT 67, APN 275-900-53 Y BI. SCOTT EVANS, CARLSAD fNCYNtTRING DEPT, 7/1/02 C: \DEMLWMENT PRMcK\pRo2-72,Dm;