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HomeMy WebLinkAboutPR 07-131; Rolfes, Kenneth D. and Mary A.; 2008-0041223; Encroachment AgreementDOC# 2008-0041223 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 JAN 28, 2008 4:24 PM OFFICIAL RE CORDS £i,N DIEGO COUNTY RECORDER'S OFFICE G R E i3 0 RY J. G MIT H. CO 0 N TY R E CO Fi D E R FEES: 0.00 PAGES:8 9188 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-130-07 PROJECT ID: PR 070131 PROJECT NAME: Rolfes Residence RELATED PROJECT ID: RELATED PROJECT ID: RW 070515 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Kenneth D. Rolfes and Mary A. Rolfes, Husband and Wife as joint tenants ("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 2042 Mar Azul Way within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-130-07, 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 road and utility 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 decorative pavers to remain in a portion of the public road and utility 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. F:\PR070131-rolfes.doc REV. 07/26/07 9189 (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 Kenneth D. Rolfes and Mary A. Rolfes City of Carlsbad 2042 Mar Azul Way 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 F:\PR070131-rolfes.doc REV. 07/26/07 9190 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 dayof^NoJA/£v 2Qoj_. OWNER By: ign Here) / fint Name Here') (Sign Here) r/y /). /To^^e (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney F:\PR070131-rolfes.doc REV. 07/26/07 9191 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally appeared before me, 0AV« O A-. Here Insert Nafie arid Title of the Officer Namer^iof Signerjs? Inm i CoiMMMlon * 1779534 Notoiy Public • California | Son Otogo County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sf whose name(^ is/ape"subscribed to the within instrument and acknowledged to me that he/she/the^ executed the same in his/her/tbefr authorized capacity(ies"), and that by his/hjer/th^rf signature^ on the instrument the person(^ or the entity upon behalf of which the person(sf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 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: &H ^oAt^J-r^ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited . General Attorney in Fact .', Trustee / Guardian or Conservator Other: Signer Is Representing: Number of Pages: e-'-k. /fa I P- RIGHTTHUMBPRINT OF SIGNER Top o( thumb here | Signer's Name: Individual Corporate Officer — Title(s): Partner — Limited General '. Attorney in Fact Trustee __ Guardian or Conservator : Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER ©2007 National Notary Association- 9350 De Soto Ave.. RO Box 2402 • Chatsworth CA 91313-2402'WWW NationalNotary.org Item S5907 Reorder Call Toil-Free 1-800-876-6827 9192 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally appeared MrrK*J OFFICIAL BGAL ISOHEIL BORHAN | ITARY PUBLIC-CALIFORNIA!? COMM. NO. 1693263 £ SAN DIEGO COUNTY • MY COMM. EXP. JUNE 29.2009 | who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^&rgjBUbscflbefl to the within instrument and acknowleTSgecLJa^ me that he/sh^hey)bxecuted the same iQjas^eiytheirJbuthorized capacity^lB^), and that by his/heffihejyigna!ure(s) on the instrument the person(s), or the Slimy upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my handand official seal. Signature OPTIONAL/-^- mature of Notaryt=ublic Though the information below is not required by law, it may prove*>5luable 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: */ ^t / 3^006 Signer(s) Other Than Named Above:Nam . Number of Pages:. 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here Q2007 National Notary Association • 9360 De Solo Ave., P.O.Box 2402'Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 9193 Exhibit A Lot 87 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 29, 1964. APN 215-130-07 Exhibit B 9194 A portion of Mar Azul Way 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 29, 1964. 9195 . _J •'.:.• ...^ •',-,. - -, Vc'~ ;; exV\ \\j\-V