HomeMy WebLinkAboutPR 02-74; Pestonjee, Noshir & Jennifer; 2002-0654149; Encroachment AgreementRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 2002-0654149
FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 215-900-27-00
PROJECT NO. & NAME: PR 02-74
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Noshir and Jennifer Pestonjee ("Owner"), in accordance
with Chapter 11 .I6 of the Carlsbad Municipal Code.
Calliandra Road, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
1. The ProDerty. Owner is the owner of that certain real property located at 1694
Number 215-900-27-00, and more particularly described in Exhibit "A", attached hereto and
incorporated 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
hereto and incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission
to Owner to allow a retaining wall not to exceed 3 feet in height along the east property line to
remain in a portion of the open 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 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
or expense arising out of (1) loss or damages to property and (2) injury
removal of the structure installed hereunder, including any loss, damage,
to or death of persons.
(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
iIDEVELOPMENTSERVICESIMASTERSIAGREEMEMS. OTHEWENCROACHMENTAGREEMENT
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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
Carlsbad CA 92008
1635 Faraday Avenue
Noshir and Jennifer Pestonjee
1694 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 Assians. This Agreement shall be binding and inure to the
benefit of the parties hereto and their respective legal representatives, successors, and
the property, but any failure to do so does not invalidate this provision.
assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to
HJDMLOPMENTSERVICEYMASTERSII\GREEMENTS. OTHERIENCROACHMENTAGREEMENT 2
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behalf of such party have the authority to execute this Agreement and by such signatureb)
thereby bind such party.
& day of ru/Y ,20=
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this
OWNER CITY OF CARLSBAD .
By: . By: -h%& (sign here) Fp/r LLOYD HUBBS@.E.
. bdyit/ &S=&\L& Public Works Director NoXh It' (print name here)
By:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Attorney
I HJDMLOPMENTSERVlCESlMASTERSlAGREMENTS, OTHEPJENCROACHMENTAGREEMENT
3 REV 12i21197
.
State of California )
) County of San Diego 1
On r$atLf, >OQ>before me, hkZ/&;lh s-4 O%R\/
(Name, Title of Officer)
personally appeared Modk /Ibu;d fisfi~%k.P~~!n,& ,b~ dC kk&&?f (Name[s] of Sign&r[s])
personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to
me that helshelthey executed the same in hislherltheir authorized capacityges), and that by
hislherltheir 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 Signature of No& official notary seal)
Title or Type of Document
Date of Document No. of Pages
Signer(s) other than named above
H/DEVELOPMENTSERVlCESlMASTERSlAGREEMENTS, OTHEWENCROACHMENTAGREEMENT 4
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Exhibit A
Legal Description of Property
Lot 78 of Carlsbad Tract 92-03 Unit 3, Aviara Phase III, 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 78 of
Carlsbad Tract 92-03 Unit 3, Aviara Phase III, 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
NOT TO SCALE
\
I
OPEN SPACE 1 EASEMENT I,
HOUSE
LOT 78
1
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DRI MWA Y
-e-
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ENCROACHMENT AREA OF
RETAINING WALL 3' MAXlMUM
b s b 2 -I m
0 3
CALLIANDRA RD.
'RoJECT NAME 7694 CALLIANDRA ROAD PROJECT EXHIBIT
LOT 78, APN 215-900-27 NUMBER PR02- 74 C
H BE ScOT EVANS, CARLSB*D ENaNECRING DEPT. 7/11/02 C\DEKLWUENT PRMClS\PR02-74.DW