The URL can be used to link to this page

Home My WebLink AboutPR 06-36; Lusignan, John S & Sandra G; 2006-0399374; Encroachment Agreement13663 DOC# 2006-0399374 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 F? JUN06, 2006 4:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH, COUNTY RECORDER FEES: 31.00 PAGES: 9 SPACE ABOVE THIS LINE FOR ASSESSOR'S PARCEL NO.: 207-311-33-00 PROJECT NO. & NAME: LUSIGNAN RESIDENCE 4011 ISLE DR. RIGHT-OF-WAY PERMIT NO.: RW 06-119-/PR 06-36 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and JOHN S. LUSIGNAN and SANDRA G. LUSIGNAN ("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 4011 Isle Dr, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 207-311-33-00, 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 decorative pavers/paving stones to remain in a portion of the general utility and access 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. H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 11/18/05 13664 (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 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 John/Sandra Lusignan City of Carlsbad 4011 Isle Dr 1635 Faraday Avenue Carlsbad CA 92008 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 HI/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. i i/is/os 13665 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 day of_J££g_L= _ . 2006. OWNER(S) Husband and Wife as community property. John S. and Sandra G. Lusignan By;_ JOHN H. LUSIGNAfi SANDRA G. LUSIGNAN CITY OF CARLSBAD By: GLENN T. PMUIM, P. Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney/ By: Deputy City Attorney H^DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 11/18/05 13666 State of California County of San Diego On (Date) personally appeared before me, .Oii (Name, Title of Officer) Jovw (Name[fj of Signer[tJ) personally known to me - Ofl- (or proved to me on the basis of satisfactory • to be the person^ whose name(e) is/are- subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/their authorized capacity(m), and that by his/her/their signature^ on the instrument the person(^, or entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal CommMon 01444160 Son Otogo County SignaturecTNotary mm'»•"• (This area for official notary seal) Title or Type of Document c^A) C Date of Document T/l ^ / O Signer(s) other than named above AoAf^fe^V" A^^eM6,A>r- No. of Pages *v^ H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER^NCROACHMENT AGREEMENT REV. 11/1 a>05 13667 State of California ) ) County of San Diego ) On L\j I Q/f) (before me, (Date) personally appeared (Name, Title of Officer) C*. (Name[^ of Signer)^ personally known to me -to be the person(^ whose name(«^ is/ate- subscribed to the within instrument and acknowledged to me that -he/she/they, executed the same in bMier/theU- authorized capacity (i*»), and that by 4^ia/herAheifrsignature(^ on the instrument the person(i$, or entity upon behalf of which the person(^ acted, executed the instrument. WITNESS my hand and official seal Signatureff Notary JEANZANCO Commission 11444SSO Nov6,2007 Title or Type of Document Date of Document Signer(s) other than named above H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 11/18/05 13668 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countvof t}&A \)\&\O \ ss. on FlM 25 , 1^4 before me BH , Jk a 6«*««, N**, ftw,c I Date 'T"^ / r <*~> r9^personally appeared J^-*-' -'^ J .jsgth. BELINDA R.GUZMAN 1 &*^JBJ± Commission # 1 565777 I@K!Ll8S Notary pubHc ' Co*0"*1 1 nSBnr^ Son Diego County { x5SBfxMyComm.ExpfcwMar31.2009 Place Notary Seal Above Name and Title of Officer (e.g., "Jane Doe, Notary Public") f"J\, — " ' . <^V ' I Name(s) of Sigher(s) HlJeTsonally known to me D proved to me on the basis of satisfactory evidence to be the personj^ whose narnej^* is/ate - subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/tlieir authorized , capacity^ies), and that by his/hor/thoir- signature(«rfon the instrument the person^»)T or the entity upon behalf of which the person(^f acted, executed the instrument. WITNESS my hand and officialseal. Signature of Notary Public / J r\r\-rir\*i A i 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 ^V. ~ 1 I /7^~ ,,-/• Title or Tvpe of Document: 6^ H C \ OR C^Y\ kr&rtf l/^fctG m,en j Document Date: ^^\Y ^ ' J Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer [f Signer's Name: V U Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other:/s~\ Signer Is Representing: ^ — '* t M " 1 Number of Paaes: O r^n^e / ^(n&,/>L T~ (tJr^silft'^^-*^'-*^* _^»^^i^i^i^i^^j^^^i^i^i^i^si^s^s^s^^s«^^i>^s^^^ klUH i 1 Ml 1MRPPIMT ^s^s^H •s^Hs^s^s^s^s^s^s^kls^s^s^s^s^s^s^s^HHsls^s^sV^P^s^ls^s^sfl OF SlfiNFR s^s^H Top of thumb here 8 1999 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Reorder: Call Toll-Free 1-800-876-6827 13669 EXHIBIT "A" LEGAL DESCRIPTION Lot 43 of CT 72-18 Tract Map No. 7657, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 7, 1973, as file no. 73-155618 of official records. 13670 EXHIBIT "B" EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map number 7657, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, on June 7, 1973. LOCATION MAP 13671 NOT TO SCALE i AREA OF ^ENCROACHMENT ISLE DR. co PROJECT NAME ENCROACHMENT FOR LUSIGNAN RESIDENCE PROJECT NUMBER PR06-36 EXHIBIT 1AWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 3/29/06 C: \OEVB.OPUENT PROJECTS\fV\PROS-X.Dm}