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Home My WebLink AboutPR 04-92; Stapleton, Noelle & Donald; 2005-0107693; Encroachment AgreementDOC # 2005-01 07693 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 I11ll11ll Ill IIIII 111ll Ill11 11111 11111 IIIII 111llllll1 Ill11 11111 1111 Ill1 FEB 08,2005 458 PM U FFI ClAL RECORDS SAN DlEGO CDCINT'Y RECORDER'S OFFICE GREGORYJ. SMITH.. COUNTY RECORDER FEES: 28.00 PAGES: 8 I111111 Ill11 11111 Ill11 11111 11111 Ill11 Ill11 Ill11 1111 Wlll11111111111111 Ill1 1111 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: 214-552-39-00 PROJECT NO. & NAME: PR 04-92 Stapleton Residence - 6739 Barberry Place RIGHT-OF-WAY PERMIT NO.: RW 04-345 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Noelle A. Stapleton and Donald M. Stapleton, husband and wife as community property with right of survivorship ("Owner"), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code. 1. The ProDerty. Owner is the owner of that certain real property located at 6739 Barberry Place, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number: 21 4-552-39-00, 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 general utility and access 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 driveway improvements in a portion of the general utility and access easement. A plat showing the location of the encroachment is attached as Exhibit 'IC" 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 HVDEVELOPMENT SERVICESIMASTERSIAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 (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 Anreement. 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. 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: Notices. If to the City: If to the Owner: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Noelle A. and Donald M. Stapleton 6739 Barberry Place 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 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. I 7. Successors and Assinns. 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. 2 H./DEVELOPMENT SERVICESNASTERS/AGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 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 WIT S WHEREOF, hereto have executed this Agreement on this =day ofmk OWNER Noelle A. Stapleton and Donald M. Stapleton, husband and wife as community property with right survivorship \ By: By: Donald M. Stapleton -7- APPROVED AS TO FORM: RONALD R, BALL City Attorney By; CITY OF CARLSBAD .- - Public Works Director 3 REV. 0711 5/2002 H::DEVELOPMENT SERWCES/M4STERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT State of California ) ) County of San Diego On personally appeared personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose subscribed to the within instrument and acknowledged to eir authorized capacity(ies), and that by on the instrument the person(s), or entity upon behalf of which the executed the same in hi person(s) acted, executed the instrument. WITNESS my hand and official seal rl -- Notary J (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages I 4 HYDEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 , personally known to me / -- aon(s) whose nae/ e (or proved to me on the basis of satisfactory evidence) to be t ‘3 to the within instrument and acknowle helthey executed thesame eir authorized capacity(ies), and th the entity upon behalf of which acted, executed the instrument. WITNESS my hand and official seal. n Signatui -e- - (This area for official notarial seal) Title of Document Date of Document NO. of Pages 0 Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company EXHIBIT “Ayy PROPERTY LEGAL DESCRIPTION Lot 78 of Carlsbad Tract No. 91-12, Mariners Point Unit No. 1 in the City of Carlsbad, County of San Diego, according to Map thereof No. 13394, filed in the Office of the County Recorder of San Diego County, January 24, 1997. PR 04-92 Stapleton Residence EXHIBIT “B” EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map No. 13394, filed in the Office of the County Recorder of San Diego County, January 24,1997. PR 04-92 Stapleton Residence LOCATION MAP .. I PROJECT NUMBER PROJECT NAME ENCROACHMENT FOR STAPL ETON RESIDENCE APN 214-552-39 PRO4-92 I I I I I I I I I I I I I + I I I I I I EXHIBIT C I AREA OF ENCROACHMENT HOUSE I I I i I i I 1 I i I i i I I i i I ip I I I ---__ ______----I-- --_ BARBERRY PL.