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HomeMy WebLinkAboutPR 06-63; Bond, James B; 2006-0399375; Encroachment Agreement13672 DOC# 2006-0399375 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 JUN06, 2006 4:18 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 28.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S US 215-120-33-00ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Bond Residence PR060063 RIGHT-OF-WAY PERMIT NO.: N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and James B. Bond ("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 2041 Caracol Court, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-120-33, 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 drainage 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 a stucco fence to remain in a portion of the drainage 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 F:\PR 060063 - Bond.doc REV. 011/18/2005 13673 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 James Bond City of Carlsbad 2041 Caracol Ct. 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. 8. 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 F:\PR060063-Bonddoc REV. 011/18/2005 13674 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 |VpM 200^3. OWNER James a Bond CITY OF CARLSBAD By: GLENN Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney BV: Deputy City Attorney FAPR 060063 - Bond.doc REV. 011/18/2005 13675 State of California County of San Diego me> (Date) personally appeared (Name, Title of Officer) (Name[*] of Signer^) _,. n personally known to me -OR - (proved to me on the basis of satisfactory evidence) to be the person(*JF whose is/are subscribed to the within instrument and acknowledged to me that he/ahe/thcy executed the same in his/hor/thetf authorized capacity(iee}, and that by his/hor/thoir 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 PUBLIC (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages F:\PR 060063 - Bond.doc REV. 011/18/2005 13678 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On Date personally appeared . before me, Name and Title of Officer (e.g., "Jane Doe, Notary Public") J. BELINDA R.GUZMAN Commission # 1565777 Notary Public - CaHfomta San Otogo County MyComm.&pkwMar31.2009 Place Notary Seal Above Name(s) oTSigner(s) Impersonally known to me D proved to me on the basis of satisfactory evidence to be the person(a^whose name(sf is/afe- subscribed to the within instrument and acknowledged to me that he/ohc/they executed the same in his/her/their- authorized capacity^tes}, and that by his/hor/thoir- signature(3fon the instrument the person^1, or the entity upon behalf of which the personj^r acted, executed the instrument. 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 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 13677 EXHIBIT A Lot 77 of La Costa Valley Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 5434, filed in the Office of the County Recorder of San Diego County, July 9,1964. 13678 EXHIBIT B A 10' drainage easement shared by lots 76 & 77 as shown on La Costa Valley Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 5434, filed in the Office of the County Recorder of San Diego County, July 9, 1964. PXHT^XT C.13679 SPECIAL INSPECTION M ADOriMN TO THE REGULAR INSPECTIONS, THE RJLLOWNG ITEMS WLL ALSORECtHRE SPECML MSPECTION IN ACCORDANCE MTH SEC. 1701 OF THE UMFORM BUUWO CODE. OEM EXPANSMN/EPOXY ANCHORS OEM BfUABKS PRIVATE ROAD w/DRAIN REVISION SCOPE OF WORK UORMNO ROOM ft LAUNDRY RE-OESXM. DELETE NEW EXTERIOR WALL- EXISTING WALL TO REMAM (PAD ROOM). DELETE NEW EXTERIOR WALLS- EMSTMO WALLS TO REMAM (MASTER BATH). NOT USED DELETE NEW ROOF OVER GARAGE- EXBTMO ROOF TO REMAM. REPLACE EXBTM6DOOR ft WMDOW «/ f SLDMO GLASS DOOR. * OV Tl'-lO"'"tn — — — ~~ — — 73'-,\ . ( DRAINAGE W««tMdB DMMMI f j^gL-A //^EASEMENT ^ / %S&\ 15-SETBACS ^ g' \? ^ r\ \ \ fl\ \ oiutuam \ > \\ i\ * KT>'> '>'/:";\ \ [•>' OT" vv.; \ » *'> PATIO.-;";\ . V ^;i^-x . \|>^ ^4^V\ \U \* :/ -'x •. •••••//\~-\^ tv-//v-;-; \ v I'VV'-WJ\ x \ v/////\\ \ \ \, •' • .' ' •••^\ \ | ADDITION & \ \ Ih' ."••'-'-*",\ i ^/x /• --•'' •\ ^-. y//.--',---1 \ W. •-.'/.' •',^ \ ter-ri \ v^t ^ t ^fVr«io. o^ ^\^1. \ , e-~ 1 i» ^-V^lleVNCvra<x,U^Mte)S-£^--7\ iWIM \ y-^ \ • \l( »U I €J^-• -*f"^ i CAR ©SITE PLAN ^-^ / 1 ' """"""I J* T~- EXISTING Ih" • HOUSE '/':.• 2639 S.F. ,-' P/ < 15 •• •• t-^ M B H 1— 'r— !j^sr !I^_ J -, // / - — '^-y;,, r»<M»«« WATER /' — DISTRICT-. .. ^'SEr^ EASEMENT N^^,.-- aic^ ^ /^/? x ^""•/ / / N)' ' / / / iiTIO . /•^; <>/ / / ''"'""' '"'' DHMwUHl r ' / / / / /> x x/ S/ "^ //x/ EXISTING // <fiv / / GARAGE ' / .<£/600 S.F /' y / / ! ftmHMM / / / j // V / /„. // / / /*••• ^^- // / / /•ij BIMIMr ^v.' / / L_^P, /iV// ^ y/'^7 / / REVISION SCOPE OF WORK Ti\ • y /1\ MORNNG ROOM ft LAUNDRY RE-DESMN. V*^/ A . ^~, ^ CURB^ V / A\ DELETE NEW EXTERIOR WALL- EXISTING WALL TO RE ACOLCT. ^ /T\">K (PAD ROOM). fc-//V/ 1 /3\ DELETE NEW EXTERIOR WALLS- EX»TMG WALLS TO • "^* •* V\ X*pJ /IjiA K"** (MASTER BATHX"&,r?" ^ A —