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Home My WebLink AboutPR 07-69; Frye, Kevin & Shannon; 2007-0562088; 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 DOC# 2007-0562088 AUG23, 2007 1:50 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G Fl E G 0 RY J Z MIT H. CO U N TY R E CO R D E R FEES: 22.00 FAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-330-22-00 PROJECT ID: PROJECT NAME: Frye Residence RELATED PROJECT ID: PR 07-69 RELATED PROJECT ID: RW 07-365 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Kevin P. Frye and Shannon Frye, 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 205-330- 22-00, and more particularly described as Lot 21 of Village Homes Unit No. 2, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4165 filed in the Office of the County Recorder of San Diego County May 5, 1959. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public street and utility purposes according to Map thereof No. 4165 filed in the Office of the County Recorder of San Diego County May 5, 1959. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow pavers and a freestanding stucco wall to remain in a portion of the public street and utility easement. A plat showing the location of the encroachment is attached as Exhibit "A" 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 07-69 Frye Residence - Ontiveros\ENCROACHMENT AGREEMENT Rev 4-2007 (PR 07-69).docREV. 011/18/2006 (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 Kevin P. and Shannon Frye City of Carlsbad 2044 Chestnut Avenue 1635 Faraday Avenue Carlsbad CA 92008 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 H:\Development Services\PROJECTS\PR FILES\PR 07-69 Frye Residence - Ontiveros\ENCROACHMENT AGREEMENT Rev 4-2007 (PR 07-69).docREV. 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 ULL(U 20 01 .WfccY U OWNER CITY OF CARLSBAD Kevin P. Frye and Shannon Frye, husband ROBERT T. JOHNSON, JR., P.E. and wife as jpip^e/fants Actin By: (Print Name Here (Sign Here) Shannon Frye (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:, Deputy ClV Attorney (Sign Here) Davj^A. Hauser, Deputy City Engineer RpE 33081 Exp. 06/30/2008 Kevin P. Frye 3 HADevelopment Services\PROJECTS\PR FILES\PR 07-69 Frye Residence - Ontiveros\ENCROACHMENT AGREEMENT Rev 4-2007 (PR 07-69).docREV 011/18/2005 State of California County of San Diego OntJjJAJ ft,^C*S (DaQj personally appeared. me, (Name, Title off Officer) -p. f^fi_of\A OfrVQi/U ' (/ (Namefs] of Signer[s]) ki luwi rte-me- - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s)^/are subscribed to the within instrument and acknowledged to me that/he?s/>ie'/they executed the same in his/h^r/their authorized capacity(ies), and that by /Kis/he'f/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 ttNVAPMNDLE Commission # 1640337 Notary PubBc - CaHfomta San Diego County My Comm. Expires Jan 23.201 L I of Notary (This area for official notary seal) Title or Type of Document Bf\?.^QO(.OH M*}~t~ Date of Document T) Signer(s) other than named above No. of Pages. jO&rUx- H:\Development Services\PROJECTS\PR FILES\PR 07-69 Frye Residence - Ontiveros\ENCROACHMENT AGREEMENT Rev 4-2007 (PR 07-69).docREV. 011/18/2005 State of California ) ) County of San Diego ) On August 20, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared John G. O'Donnell, personally known me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary BELINDA R.GUZMAN Commission #1565777 Notary Public - California San Diego County My Comm. Expires Mar 31.2009 (This area for official notary seal) CITY OF CARLSBAD RIGHT-OF-WAY ENCROACHMENT DIAGRAM P/L \ EXISTING DRIVEWAY CHESTNUTAVE NOTE: ALL PROPOSED IMPROVEMENTS LISTED ABOVE SHALL BE INCLUDED WITHIN THE ENCROACHMENT AGREEMENT. DATE: 4-21-01 12'-0"RIGHT-OF-WAYSETBACK LOCA TION OF EXISTING 6'HIGH WOOD FENCE, TO BE REPLACED WITH 6' HIGH FREESTANDING STUCCO WALL. EXISTING CONCRETE STREET CURB CONCRETE PAVERS 5'-6"HIGH WOOD ENTRY GATE W/ G'-O'HIGH DECORATIVE PILASTERS. 2'-0" HIGH 'BELGARD' ENTRY WALL EXISTING STREET* STOP SIGN TO REMAIN 12'HIGH 'BELGARD'ACCENT WALL 3'-6" HIGH DECORA TIVE FENCE EXISTING CITY SIDEWALK NORTH SCALE I" = PROJECT NAME:FRYE RESIDENCE CARLSBAQ C1 «?200S PROJECT NUMBER PR 07-69 EXHIBIT