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HomeMy WebLinkAboutPR 07-78; Sachs, Bruce J & Sheri J Trust; 2007-0634095; 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# 2007-0634095 SEP 28, 2007 2:53 PM OFFICIAL RECORDS SAN DiEGO COUNTY RECORDER'S OFFICE GREG G RY J. S MIT H, CO U N1Y R L CO R D E Fi FEES; 31.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 216-360-14 PROJECT ID: PROJECT NAME: SACHS RESIDENCE RELATED PROJECT ID: PR 070078 RELATED PROJECT ID: RW 070389 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Sachs Bruce J & Sheri J Trust 02-06-02 ("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 7548 Viejo Castilla Way within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 216-360-14, 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:\PR070078 - SACHS.doc REV. 07/26/07 (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 Sachs Bruce J & Sheri J Trust 02-06-02 City of Carlsbad 7548 Viejo Castilla 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:\PR070078 - SACHS.doc REV. 07/26/07 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 |toiX[ 20_ I OWNER: Sachs Bruce J & Sheri J Trust 02-06-02 By: By: (Sign Here) (Print Name Here) (SigrT-Here) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer Davi^/A. Mauser, Deputy City Engineer RCE33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney F:\PR070078 - SACHS.doc REV. 07/26/07 State of California County of San Diego On personally appeared before me. (Name, Title of Officer) (Name[s] of Signers]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(^f'whose name£gj'<§/alre subscribed to the within instrument and acknowledged to ^*"**"*». _—ri~_ me that he^e/0ey executed the same in his-^Wer^heir authorized capacityJ^LeS)7 and that by his^jej)their signaturej^on the instrument the person(s)Tor entity upon behalf of which the personjXfacted, executed the instrument. WITNESS my hand and official seal Signature of Notary OFFICIAL SEAL VICKI COLLO iNOTARY PUBLIC-CALIFORNIA^1 COMM. NO. 1598588 - SAN DIEGO COUNTYMY COMM. EXP. JULY 31,2009 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages FAPR070078 - SACHS.doc 4 REV 07/26/07 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ss. On Date personally appeared ., before>me, CiSsySPIQalt'c * Manft*<nH TiHia j ftlffiNarrftrtnd Title oftJfficer (e.g., 'SafieOoe, Notary Public") pabUc- Doe, Notary Publii CISSY SONGALIA Commission # 1475695 I Notary Public - California San Diego County My Comm. Expires Mar 9,2008 Name(s) of Signsr(s) D personally known to me ^ proved to me on the basis of satisfactory evidence CA. J>rtve*-s Uce»tSe_ to be the person(^) whose name(£) is/eme subscribed to the within instrument and acknowledged to me that he/si ib/llrey executed the same in his/kcr/their authorized capacity(tea), and that by hia/hcr/thcir signature^) on the instrument the person(e), or the entity upon behalf of which the person(s^ acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ature of Ni OPTIONAL Though the information below /s 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 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 !©&seiS4sges£se@J3;g83SB@!^^ e 1999 National Notary Association • 9330 De Solo Av».. P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.nationalnotary.org Prod. No. 5907 Reorder Can Ton-Free 1-800476-6827 State of California ) ) County of San Diego ) On August 27, 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 I Commission* 1565777 I Notary Public - California \ San Diego County i My Comm. Expires Mar 31.20091 (This area for official notary seal) EXHIBIT A Lot 62 of La Costa South Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6117, filed in the Office of the County Recorder of San Diego County, June 3, 1968. APN: 216-360-14 EXHIBIT B A portion of Viejo Castillo Way as shown on La Costa South Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6117, filed in the Office of the County Recorder of San Diego County, June 3, 1968. 9 c