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HomeMy WebLinkAboutPR 07-27; Javaheri, Henry R. and Efi; 2007-0478112; Encroachment Agreement2007-0478112 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 JUL17, 2007 3:36 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 000 PAGES 9 2007-0478112 10636 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: JAVAHERI RESIDENCE 215-610-13 PR 07-27 RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Henry R. Javaheri and Efi Javaheri 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 7136 Aviara Dr. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-610-13-00, 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 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 and planter walls to remain in a portion of the general 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:\JAVAHERI ENCHROACHMENT.doc 1 REV. 011/18/2005 10637 (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 Henry and Efi Javaheri City of Carlsbad 7136 Aviara Dr 1635 Faraday Avenue Carlsbad CA 92011 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:\JAVAHERI ENCHROACHMENT.doc REV. 011/18/2005 10638 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 - Henry R. Efi Javaftieri as joi1 (Sign Here Henry R. Javaheri Efi Javaheri (Print Name Here) CITY OF CARLSBAD By: GLENN PRUIM, P.E. Public Works Director c \n By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney F:\JAVAHERI ENCHROACHMENT.doc REV. 011/18/2005 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 10639 State of California County of personally On 4-3)0 - Date appeared < Aij^l fc— . , t^otjry Public") Name(s) of Signer(s) CMMMfci*iiMM9 Notay FuMc Place Notary Seal Above known to me D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 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 SotoAve., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 [j GOVERNMENT CODE 27361 .7 ~J \ CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: \x I w\ Sv Commission Number; ou? I Date Commission Expires: County Where Bond is Filed: Manufacturer or Vendor Number: M (Located on both sides of the notary seal border) Signature; At > FirrrName (if applicable) : (Place of Execution: ^L>5>^>«^- _ Date; Rec. Form #R 10 (Rev. 7/96) 10641 State of California ) ) County of San Diego ) On "L?"" \~~ C>~v~ before me, (Date) (Narrji, fjtle of i\ personally appeared 4^of Sign(Name[s] of Signer[s]) -poroonally known to mo —OR- (or proved to me on the basis of satisfactory evidence) to be /^~\ .. »\ jf N the person/s) whose name(s> is/are subscribed to the within instrument and acknowledged to^me that he/she/mey xecuted the same in his/her/their authorized capacitv/(fes) and that by \^_^s^ his/he^?heji^signature<S])on the instrument the persorws)7)or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) JACLYNDIAZ CommJ 1502410 NOTARY PUBLIC-CALIFORNIASan Diego County MyComm. Expires July 29,2008 Title or Type of Document Date of Document Signer(s) other than named above No. of Pages F:\JAVAHERI ENCHROACHMENT.doc REV. 011/18/2005 10648 EXHIBIT A Lot No. 245 of the City of Carlsbad Tract No. 85-35, Aviara Phase I-Unit "D" in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12412, filed in the Office of the County Recorder of San Diego County, June 29, 1989. APN: 215-610-13 10643 EXHIBIT B 4.00' general utility easement across Lot No. 245 of the City of Carlsbad Tract No. 85- 35, Aviara Phase I-Unit "D" in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 12412, filed in the Office of the County Recorder of San Diego County, June 29, 1989. LOCATION MAP I 10644 HOUSE 4' GENERAL UTILITY EASEMENT *AREA OF ENCROACHMENT (PLANTER & WALL) NOT TO SCALE AVIARA DRIVE PROJECT NAME ENCROACHMENT FOR JAVAHERI RESIDENCE PROJECT NUMBER PR07-27 EXHIBIT unnrm or. si/un twwvi,LNanttKlNb Utrr. //iJ/07 G \DtVELOPMENT PROJtCTS\PR\PR07-27,DWG