HomeMy WebLinkAboutPR 02-73; Flanagan, Jerry & Chantal; 2002-0701674; Encroachment AgreementDOC # 2002-0701674
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
FEES: 28.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 215-900-54-00
PROJECT NO. 8 NAME: PR 02-73
Flanagan Residence
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Jerry and Chantal Flanagan ("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 1654
Calliandra Road, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
Number 215-900-54-00, 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 open space 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 construct a 6' maximum height retaining wall and appurtenances in a portion of the
open space easement. A plat qhowing the location of the encroachment is attached as Exhibit
"C" attached hereto and incorpdrated 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.
(8) 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.
HIDEVELOPMENT SERVICESIMASTERS/AGREEMENTS, OMEWENCROACHMENTAGREEMENT 1 REV. imw
(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,
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
1635 Faraday Avenue Carlsbad CA 92009
Carlsbad CA 92008
Jerry and Chantal Flanagan
1654 Calliadra Road
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
6. w. 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 Assiqns. 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:IDEVELOPMENTSEWlCESNASTERSlAGREEMENTS. OTHEWENCROACHMENTAGREEMENT
2
REV. 12/24/97
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@)
thereby bind such party.
IN WITNESS WHEREOF, this parties hereto have executed this Agreement On this Id dayof 3~)q ,20*.
CITY OF CARLSBAD
By: ww&
Public Works Director
LLOYD@~UBBS@.E.
By: ui?Cc,Tktt G[&-,kaJjA- -
Chantal Flanagan
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
' Attorney
HJMVELOPMENT SE~ICESIMASTERSIAGREEMENTS. OTHERlENCROACHMENT AGREEMENT
3 RN. 42124197
State of California
County of San Diego
(Name, Title of Officer) '
personally appeared Jcmy -F
(Name[s] of Signerls])
LANAWAE) RIJV CAAWTtaL F&&IAh, I
personally known to me - OR- fto be
the person@) whose name(s) */are subscribed to the within instrument and acknowledged to
me that h"they executed the same in RisCkeFltheir authorized capacity(ies), and that by
hishedtheir 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
I. A _. (This area for
official notary seal)
Title or Type of Document ru-r UQPlme6lT
Date of Document No. of Pages +
Signer(s) other than namkd 'above tJ .e
-
L
WDWELOPMENT SERVlCESlMASTERSlAGREEMENTS. OTHERIENCROACHMENT AGREEMENT
4
REV. 1mW7
Exhibit A
Legal Description of Property
Lot 68 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 of 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 68
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
\
\ \
\ \ \
\
\
\
\
\ \
\
\ 7 \
CT92-03 LOT 68
PHASE 111 UNIT 3
\
\ \ \
\ \ \
\ \
\ /
ROJECT NAME IfXA PA1 I IAhlnRA RnAn I PROJECT~~l EXHlBll
City of Carlsbad
1635 Faraday Avenue Carlsbad CA 92008
~~
Applicant: JERRY/CHANTAL FLANAGAN
Descriwtion
PRO20073
Amount
Receipt Number: ROO28385
Transaction Date: 07/11/2002
Pay Type Method Description Amount
""""" """"" """""""" ----"""
Payment Check 5316 220.00
Transaction Amount: 220.00