HomeMy WebLinkAboutPR 03-82; Diaz, Vincent & Catherine; 2003-1486879; Encroachment AgreementDOC # 2003-1486879
OFFICIAL ECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGOFY J. SIIIITH, COUNTY RECORDER FEES: 0.00
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 207-021 -20-00
PROJECT NO. & NAME: PR 03-82
Diaz Residence
RIGHT-OF-WAY PERMIT NO.: RW 03-333
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Vincent L. Diaz and Catherine A. Diaz ("Owner"), in
accordance with Chapter 11.1 6 of the Carlsbad Municipal Code.
1. The Propertv. Owner is the owner of that certain real property located at 4240
Park Drive, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
Number 207-021 -20-00, and more particularly described in Exhibit "A", attached hereto and
incorporate herein by reference.
2. The Easement. City currently owns an existing easement over, under, and
across Owner's property for public street and utilities 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 decorative pavers to remain in a portion of the public street and utility
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.
1 HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
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.
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.
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 92008
Vincent and Catherine Diaz
4240 Park Drive
Carlsbad CA 92008
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
8. 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.
8. 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
2
H:IDEVELOPMENT SERVICESMASTERSAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
'I
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@) thereby bind such party.
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 18 day of IJOW , 2003 .
CITY OF CARLSBAD
-4 By: By: &&&/w/
ere LLOYm. HUB@ P.E.
Public Works Director
o$Aitt\\i7D
Vincent L. Diaz
Print here
By:
Sign here
Catherine A. Diaz
Print here
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
3
H:/DEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 12/24/97
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907
' On AOOE&CC- Lo\: 3003 before me, ~~/C,~~'~~-S.OCC~~~~.
DATE NAME, TITL~ OF OFFICER -E
personally appeared v I r\c-e~- -t L.bA% 9
NAME(S) OF SIGNER(S)
bersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
fi WITNESS my hand and officia-
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT a INDIVIDUAL 0 CORPORATE OFFICER f,,,,,cL+* Ace< eche- t
TITLE OR TYPE OF DO~MENT TITLE(S)
0 PARTNER(S) LIMITED
AlTORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIANKONSERVATOR
OTHER:
GENERAL 3 7,
NUMBER OF PA&S
1' \ \8\*3
DATE OF DOCUMENT
SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave.. P.O. Box 7184 Canoga Park, CA 91309-7184
State of California )
)
County of San Diego )
On /:bf)3 before me, 2 .o\levls BOfCrd P&li c 1 (Name, Title of Officer)
personally appeared CQ.fhevine A nwfte ~(q 3- I (Name[s] of Signer[s])
- OR- (or proved to me on the basis of satisfactory evidence) to be
the personv whose name(fl is/= subscribed to the within instrument and acknowledged to
me that be/she/tkey executed the same in kis/her/tWr authorized capacity(@, and that by
kis/her/tReir signature(@- on the instrument the person(* or entity upon behalf of which the
person@) acted, executed the instrument.
WITNESS my hand and official seal
I, (This area for
Signature of hotary - official notary seal)
Title or Type of Docu hm4 fl%eenw\+
Date of Document 1 No. of Pages q
Signer@) other than rhm'ebabove
4 H:/DEVELOPMENT SERVICESNASTERSAGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 12124B7
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
That certain parcel of land situated in the City of Carlsbad, County of San Diego, State of
California, being a certain portion of Lot “I” of the RANCHO AGUA HEDIONDA,
according to the Map thereof No. 823, filed in the Office of the County Recorder of San
Diego County, November 16, 1896, and a portion of Lot 6 in Block “IT’ of
BELLAVISTA, according to Map thereof No. 2152, filed in the Office of the County
Recorder of San Diego County, Described as follows:
Beginning at the most Southerly corner of said Lot 6; thence along the Southeasterly
boundary thereof North 17”04’43” East (North 17’03’00” East record) 5.11 feet to a
point distant thereon 3.00 feet Easterly measured at right angles to the Easterly right of
way of Park Drive, 50.00 feet wide as shown on said Map 2152; thence along a line
parallel with and distant 3.00 feet Easterly of said right of way line North 18”54’10”
West (North 18’58’00” West record) 69.00 feet to the True Point of Beginning; thence
continuing North 18’54’10” West 75.00 feet to the Southwesterly comer of the land
described in deed to Roger Williams Jr., et ux, record April 28, 1965 as Filepage No.
74642 of Official Records; thence along the Southerly line of said land and the Easterly
prolongation thereof North 71°05’50” East 110.00 feet; thence South 18O54’ lo” East,
75.00 feet to a line which bears North 71”05’50” East from the True Point of Beginning;
thence South 71°05’50” West, 110.00 feet to the True Point of Beginning.
EXHIBIT B
LEGAL DESCRIPTION OF THE EASEMENT
The 50 foot wide Public Right of Way shown as Park Drive adjacent to Lot 6, Block H of
BellaVista, in the City of Carlsbad, County of San Diego, State of California, according
to Map thereof No. 2152, filed in the office of the County Recorder of San Diego County,
March 7, 1929, together with a portion of the 3 foot wide street dedication as shown on
Lot Split 34 in the City of Carlsbad approved September 14, 1965
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HOUSE
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NOT ro SCALE
PROJECT 4240 PARK DRlVE NUMBER
PR03-82
PROJECT NAME
A P N 20 7-02 1-20
28'
EXHIBIT
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4" BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 11/12/03 C: \DEMlCf'MENT PRMCTS\PRO3-82.DW