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Home My WebLink AboutPR 07-33; Hinckley, Stephen & Susan; 2007-0327010; Encroachment AgreementRECORDING 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 DGC# 2007-0327010 MAY 14, 2007 3'16 PM OFFICIAL RECORDS SAN DIEGO COUNT ,' RECORDER'S OFFICE GREGORY I SMITH, COUNTr RECORDER FEES US no PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-232-18-00ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Hinckley Residence PR 07-33 RIGHT-OF-WAY PERMIT NO.: RW 07-141 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Stephen H Hinckley and Susan A Hinckley, 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 within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-232- 18-00, 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 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 decorative pavers to remain in a portion of the 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\PROJECTS\PD FILES\PD 05\PD 05-18 Hinckley Residence - FarmertBonds & Agreements\ENCROACHMENT AGREEMENT (3-19-07) doc REV 011/18/2005 (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 Stephen and Susan Hmckley City of Carlsbad 7245 Almaden Lane 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 mure 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 H \Development Services\PROJECTS\PD FILES\PO 05\PD 05-18 Hinckley Residence - FarmertBonds & AgreementsVENCROACHMENT AGREEMENT (3-19-07) doc REV 011/18/2005 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 /-Vcu-\ 2001 OWNER By (Sign Here) Stephen H Hmckley A (Print Name Here) (Sign Here/ Susan A Hmckley (Print Name Here) CITY OF CARLSBAD By PRUIM, P E Public Works Director c/ry APPROVED AS TO FORM RONALD R BALL City Attorney By Deputy City^ttorney H \Development Services\PROJECTS\PD FILES\PD 05\PD 05-18 Hincklsy Residence - FarmeABonds & Agreements\ENCROACHMENT AGREEMENT (3-19-07) doc REV 011/18/2005 State of California County of San Diego On before me,L. (Name, Title of Officer) 4 gi -J (bate)' personally appeared (Name'[s] of Signer[s]) personally known to me - OR- (or 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 entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Signature of Notary / (This area for official notary seal)- —- -^—- —*--^i J / DEBRAL. MARSH COMM # 1682262 H INOTARY PUBLIC-CALIFORNI*O SAN DIEGO COUNTY 0 My Commission Expires -* July 18,2010 | Title or Type of Document Date of Document Signer(s) other than named above No of Pages H \Development Services\PROJECTS\PD FILES\PD 05\PD 05-18 Hincklsy Residence - FarmertBonds & Agreements\ENCROACHMENT AGREEMENT (3-19-07) doc REV 011/18/2005 State of California ) ) County of San Diego ) On 6 -~7- 0 7 before me, (Date) personally appeared \D(3A/tA i df\ (Name, Title of Officer) (Name[&] of Signerfs]) L [i^gersonallv known to me -OR - n (•proved to mo on the basis of bdlibfdiluiy evidence) to be the person^, whose ft§/are subscribed to the within instrument and acknowledged to me that (be/she/they executed the same in (fij^/her/their authorized capacity(ieX), and that byoS^her/their signature^) on the instrument the person^), or entity upon behalf of which the person(b^ acted, executed the instrument )—• a, ^^WITNESS my hand and official seal Signature ouNotary K. STANKAVICH Commission # 1524867 Notary Public - California San Diego County f My Comm. Expires NQV 6.2008f^•••••w4 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No of Pages H \Development Services\PROJECTS\PD FILES\PD 05\PD 05-18 Hmckley Residence - Farmer\Bonds & Agreements\ENCROACHMENT AGREEMENT (3-19-07) doc REV 011/18/2005 EXHIBIT "A" PROPERTY DESCRIPTION LOT 179 OF LA COSTA VALLEY UNIT NO 4 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 14, 1966 EXHIBIT "B" EASEMENT DESCRIPTION ALMADEN LANE, A PUBLIC STREET AS DEDICATED AS PART OF LA COSTA VALLEY UNIT NO 4 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO 5781, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 14, 1966 LOCATION MAP NOT TO SCALE AREA OF ENCROACHMENT PROJECT NAME ENCROACHMENT FOR HINCKLEY RESIDENCE 7245 ALMADEN LANE PROJECT NUMBER PR07- 33 EXHIBIT DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT 3/21/07 C \DEVELOPMENT PROJECTS\PR\PR07-133 DWG