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HomeMy WebLinkAboutPR 06-68; Schmad, Pamela Jennifer; 2006-0530983; Encroachment AgreementDOC# 2006-0530983 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 JUL27, 2006 10:40 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 29.00 PAGES: 8 2006-0530983 SPACE ABOVE THIS LINE FOR RECORDER'S USE 7012 ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Schmad Residence 215-517-03 PR 06-68 1746 Cereus Court RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Pamela Jennifer Schmad, an unmarried woman ("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 1746 Cereus Court, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-517-03, 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 purposes 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 retaining wall to remain in a portion of the general street and utility 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. 1 H:\Development Services\PROJECTS\PR FILES\PR 06-68 Schmad Residence - Ontiveros\ENCROACHMENT AGREEMENT Rev 11 -05.doc REV. 011/18/2005 7013 (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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Pamela Schmad 1746 Cereus Court Carlsbad CA 92011 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. H:\Development Services\PROJECTS\PR FILESVPR 06-68 Schmad Residence - Ontiveros\ENCROACHMENT AGREEMENT Rev 11-05.doc REV. 011/18/2005 7014 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 OWNER CITY OF CARLSBAD Pamela Jennifer Schmad, an unmarried Pamela Jennifer S6Hmad ft,* GLENN PR0TM, P.E.< Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City wtorney H:\Development Services\PROJECTS\PR FILES\PR 06-68 Schmad Residence - Ontiveros\ENCROACHMENT AGREEMENT Rev 11 -05.doc REV. 011/18/2005 7015 State of California County of San Diego ' (Date) personally appeared before A • S (Name, Title of Officer) Sc A /v? ^ o/ _ (Name[s] of Signer[s]) l D personally ki luwi i Lu nre -OR - (proved to me on the basis of satisfactory evidence) to be the person whose -j^are subscribed to the within instrument and acknowledged to me that he/ieythey executed the same in his^i^/their authorized capacity(ie^), and that by his^i>/their signature^) on the instrument the personfg), or entity upon behalf of which the person^) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary BERRIEA.SYREK Commission # 1559804 Notary Public - California San Diego County My Comm. Expires Mar 15,2i (This area for official notary seal) Title or Type of Document Date of No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\PR FILESVPR 06-68 Schmad Residence - Ontiveros\ENCROACHMENT AGREEMENT Rev 11-05.doc REV. 011/18/2005 7016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ^->. ^ C.UH.VO, 3^})(&\0 }- J Date /T ~) » LX/^J Ul/S7 £•personally appeared v^-1-^ ry^ '< J -.jce^ BEUNOA R.GUZMAN -/&«!£« Commtetan* 1565777 IbKflliRD Notary PubMc-CoWomta IVgSg>y son Dtogo County -• -^umr- My (XOTWi. Expire* Mar 3 1,2009 Place Notary Seal Above j It?. < f — j— Name ancW"ttle of Officet^e.g., "Jane Doe, Notary Public")i4 Ji U^iolcL Name(s) of9(gner(s) >CH3ersonally known to me D proved to me on the basis of satisfactory evidence to be the person^ whose namej^C is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/ber/their authorized capacity(tes-), and that by his/her/therr signature^ on the instrument the person(s)7 or ! the entity upon behalf of which the persons)-" acted, executed the instrument. WITNESS my hand and officiaLseal. Signature of Notary Public / J 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 Tvpe of Document: Document Date: 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: Signer Is Representing: Number of Pages: ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^H KlliH 1 THIIMHKKlN f ^^^H ^••^^^^^^••^^^^^^^•^^^^^^^^^^^•^^^^^^^^^H^^^^l DF SIRMFR ^^^H Top of thumb here © 1999 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • virww.nationalnotary.org Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 7017 EXHIBIT "A" LEGAL DESCRIPTION Lot 184 of Carlsbad Tract 72-34 (Rancho La Cuesta) Unit No. 3, according to Map thereof No. 8352, as recorded in the Office of the County Recorder of San Diego County, dated July 28,1976. PR 06-68 Schmad Residence 7018 EXHIBIT "B" EASEMENT DESCRIPTION A general utility and street access easement granted to the City of Carlsbad, as shown on Map thereof No. 8352, 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 July 28, 1976. PR 06-68 Schmad Residence LOCATION MAP NOT TO SCALE * J___*!L 7019 ' HOUSE D/?/VFMMy 95' •HE- /I SIDEWALK f5.5' rcp/r/ IQ rrUtKCUOU/. OF ENCROACHMENT (RETAINING WALL) PROJECT NAME ENCROACHMENT FOR SCHMAD RESIDENCE f 746 CEREUS COL/RT NUMBER PR06-68 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPJ. 6/1/06 Ci \DEVELOPUENT PROJETS\PR\PR06-68.DWG