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HomeMy WebLinkAboutPR 06-15; Andersson, Bengt-Olov; 2006-0210266; Encroachment AgreementDOC# 2006-0210266 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MAR 27, 2006 4:14 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-260-09ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Andersson Residence PR 06-15 RIGHT-OF-WAY PERMIT NO.: RW 06-34 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Bengt-Olov Andersson ("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 2479 Unicornio St, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-260-09, 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 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 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. (C) The Owner must remove or relocate any part of the encroachment within 1 H:\Development ServicesVPROJECTSVPR FILES\PR 06-15 Anderson ResidenceVENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 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 Agreement. 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 Bengt-OlovAndersson City of Carlsbad 2479 Unicornio St 1635 Faraday Avenue Carlsbad CA 92009 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. 7. Successors and Assigns. 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 Services\PROJECTS\PR FILES\PR 06-15 Anderson ResidenceVENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 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 WITNESS WHEREOF, these parties hereto have executed this Agreement on this J day of fe I?»-^a-~y , 20_6t_. OWNER CITY OF CARLSBAD By: (Sign Here) Bengt-Olov Andersson (Print Here) By: GLENN PRUIM, P.E Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney BV: j(ULt (V Deputy City Attorney H:\Development Services\PROJECTS\PR FILES\PR 06-15 Anderson Residence\ENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 State of California County of San Diego On ^Efr l^feoofcbefore me, VI -T • (Date) (Name, Title of Officer) personally appeared O)L£>yy (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(#) whose name(£) is/a/e" subscribed to the within instrument and acknowledged to me that he/aho/thoy executed the same in his/hef/tfceir authorized capacity (iee), and that by his/bor/thcir signature^©) on the instrument the person(e), or entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal COMM. #1562920 NOTARY WWUC •CALIFORNIA Signatu«€/of Notary (This area for official notary seal) Title or Type of Document. Date of Document Signer(s) other than named above. No. of Pages H:\Developmant Services\PROJECTS\PR FILES\PR 06-15 Anderson ResidenceVENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18G005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Nariw and.Title of Officer (e.g., "Jane Doe, Notary Public") known to me BELINDA R. GUZMAN Commission #1565777 Notary Public - Cafflomta San Diego County My Comm. Expires Mar 31.2009f F ; pm\f-(?d to mo on tho buoic of oatisfactory evidence to be the person(e)-whose name(e^ is/a*e subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hof/thoif authorized capacity(fes), and that by his#ior/tiieir signaturej^ef on the instrument the personj£), or the entity upon behalf of which the person^ef acted, executed the instrument. Place Notary Seal Above WITNESS my hand and official Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 Exhibit A Legal Description of Property Lot 160 of La Costa Meadows, Unit No. 1, in the City of Carlsbad County of San Diego, State of California according to map thereof No. 6800, filed in the office of the County Recorder of San Diego County, December 9, 1970. Exhibit B Legal Description of Easement Unicornio Street, a public street as dedicated as part of La Costa Meadows, Unit No. 1, in the City of Carlsbad County of San Diego, State of California according to map thereof No. 6800, filed in the office of the County Recorder of San Diego County, December 9, 1970. LOCATION MAP NOT TO SCALE 1 HOUSE AREA OF ENCROACHMENT UNICORNIO ST. PROJECT NAME ENCROACHMENT FOR ANDERSON RESIDENCE APN 215-260-09 PROJECT NUMBER PR06-15 EXHIBIT DRAWN BY: ALFRED ROMERO. CARLSBAD ENGINEERING DEPT. 10/18/04 H:\DEVELOPMENT PROJECTS\PR\PROS-60.DWG