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Home My WebLink AboutPR 07-70; Bosmia, Rasik and Asmita; 2007-0514834; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2007-0514834 Ilii I Mi II I!II!IN!!! ill AUG01,2007 12:16 PM OFFLlAL NEUJFiL'i SAN bitbU COUNT-,' RECORDERS i'lFFH'.E hHUjGHYJ SMITH OJIJN <Y Fit .[iRIJER FEES: 28. Of: FARES 8 ( W ill! SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-115-07 PROJECT ID: CB053268 PROJECT NAME: BOSMIA RESIDENCE RELATED PROJECT ID: PR 070070 RELATED PROJECT ID: RW 070360 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Rasik H. Bosmia and Asmita Bosmia, Trustors and Trustees of The Bosmia Family Trust dated April 5, 2005 ("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 5460 Carlsbad Blvd. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-115-07, 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, on Carlsbad Blvd, for public road and utility purposes as depicted in Exhibit "C". 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow interlocking 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:\Bosmia - PR070070.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 Rasik H. and Asmita Bosmia City of Carlsbad 5460 Carlsbad Blvd 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 F:\Bosmia- PR070070.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 OWNER By: By: ^ / (Sign Here) Rasik H. Bosmia wt Name Here) (Sign Here) Asmita Bosmia (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. Acting City Engineer David A/Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney F:\Bosmia • PR070070.doc REV. 011/18/2005 State of California County of San Diego On //2607 before me,/? (Date) personally appeared (Name, Title of Officer) /€?5/A iA &nc/ Asm, fa (Name[s] of Signer[s]) personally kfiowfi to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) ts/are subscribed to the within instrument and acknowledged to me that he/sbe/they executed the same in hie/her/their authorized capacity(ies), and that by hio/h&r/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 ROYP.LAYUG COMM.I 1739921 NOTARY PUBLIC-CALIFORNIA WSAN OlEGO COUKTT ~ Mr COMM EXP Am. 17,2811 t (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above F:\Bosmia - PR070070.doc REV. 011/18/2005 State of California County of San Diego (Date) personally appeared me, 6. (Name, Title of Officer) (Name[s] of Signer[s]) _,.^personally known to me -OR - n (proved to me on tho basis of satisfactory evidence) to be the personJ#Twhose is/aw subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/bor/thsk- authorized capacity(4w), and that by his/hor/thoir signature(s7on the instrument the person^", or entity upon behalf of which the 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) Title or Type of Document Date of Document Signer(s) other than named a>ove No. of Pages F:\Bosmia - PR070070.doc REV. 011/18/2005 EXHIBIT A Lot 124 of Terramar Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3312, filed in the Office of the County Recorder of San Diego County, October 14, 1955. APN: 210-115-07 LOCATION MAP PROJECT SITE NOT TO SCALE SHEET 1 OF 2 PROJECT NAME ENCROACHMENT FOR 5460 CARLSBAD BOULEVARD PROJECT NUMBER PR070070 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 7/10/07 C: \DEVELOPUENT PROJECTS\PR\PR070070.DWG LOCATION MAP AREA OF ENCROACHMENT^ EXIST ROLLED CURB NOT TO SCALE CARLSBAD BLVD. SHEET 2 OF 2 PROJECT NAME ENCROACHMENT FOR 5460 CARLSBAD BOULEVARD PROJECT NUMBER PR070070 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 7/10/07 C: \DEVELOPMENT PROJECTS\PR\PR070070.DWG