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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 \ \ \ \ \ \ \ --- \\ I \ - ---- I I I AREA OF ENCROACHMENT I I I / / / / HOUSE I I /I NOT ro SCALE PROJECT 4240 PARK DRlVE NUMBER PR03-82 PROJECT NAME A P N 20 7-02 1-20 28' EXHIBIT C I 4" BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 11/12/03 C: \DEMlCf'MENT PRMCTS\PRO3-82.DW