Loading...
HomeMy WebLinkAboutPR 08-21; ONeill, Timothy and Joyce; 2008-0322652; 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 PMP DOC# 2008-0322652 JUN16, 2008 2:35 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 223-150-21 O'NEILL RESIDENCE PR 08-21 RW 08-114 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and TIMOTHY O'NEILL and JOYCE O'NEILL "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 7709 Farol Court within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 223-150-21, 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 and access 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 general utility and access 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. 1 F:\FARMER\KATHY\ENCROACHMENTS\ENCROACHMENT AGMT Oneill.doc (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 Timothy/Joyce O'Neill City of Carlsbad 7709 Farol Ct 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:\FARMER\KATHY\ENCROACHMENTS\ENCROACHMENT AGMT Oneill.doc 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 )5 day of /t* OWNER Timothy O'Neill and Joyce O'Neill, husband and wife as Joint Tenants CITY OF CARLSBAD By: (SigrCHere) TIMOTHY O'NEILL (Print Name Here) JOYCE O'NEILL (Print Name Here) ROBERT T. JOHNSON, JR., P.E. City Engineer By: _ David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City At\prney F:\FARMER\KATHY\ENCROACHMENTS\ENCROACHMENT AGMT Oneill.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Ji On personally appeared OFFICIAL SEAL I KAYLEE RENEE BURNS ' NOTARY PUBLIC-CALIFORNlAg COMM. NO. 1776757 - SAN DIEGO COUNTY • MY COMM. EXP. OCT. 29, 2011 I Place Notary Seal Above who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature. OPTIONAL Signature of Notary Public 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 n Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. 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:. RIGHTTHUMBPRINT OF SIGNER i Top of thumb here ©2007 National Notary Association' 9350 Ds Soto Ave., P.O.Box 2402 'Chatsworth. CA 91313-2402-www.NationalNotary.org Item S5907 Reorder: Call Toll-Free 1-800-876-6827 F:\FARMER\KATHY\ENCROACHMENTS\ENCROACHMENT AGMT Oneill.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of •S"4'H <V. c- fa-Q On Jl*+«~ k,<^o£ before me Date personally appeared A 1 J Here Insert Name and Title of the Officer Name(s) of Signer(s) THMf I. ROWLEY CONMMNlon # 1773534 Notary Public - California | Ion Dfeoo County - MyConnm.BclmOctT&2011 C who proved to me on the basis of satisfactory evidence to be the personjfaf whose name(s>is/aj»^ubscribed to the within instrument and acknowledged to me that he/sheftjjey executed the same in his/betffhetr authorized capacity(iee^ and that by his/hej#tie<rsignature(s) on the instrument the person^ or the entity upon behalf of which the personj^Scted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS_myharjd and official seal. . I OA Place Notary Seal Above Signature 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: ^-'r\£-*- Document Date: Ar. Signer(s) Other Than Named Above:=. "l ( Number of Pages:; ^Hr^-l ^ 'v Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual IJ Corporate Officer — Title(s): LJ Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here ©2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NatlonalNotary.org Item »5907 Reorder:CallToll-Free 1 -800-876-6827 F:\FARMER\KATHY\ENCROACHMENTS\ENCROACHMENT AGMT Oneill.doc EXHIBIT "A" LEGAL DESCRIPTION Lot 165 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County on October 18, 1972, File No. 279993. EXHIBIT "B" EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map number 7457, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, on October 18, 1972. LOCATION MAP \ \ \ \ >\ \ \ \ \\ NOT TO SCALE i I BUILDING i / i / i I i A. i I i I i I i I AREA OF ! ENCROACHMENT (DECORATIVE PAVERS) \ PROJECT NAME ENCROACHMENT FOR O'NEILL RESIDENCE 7709 FAROL COURT PROJECT NUMBER PR08-21 EXHIBIT D/MHN BY: SCOTT EVANS, CARLSBAD ENGfNEERfNe DEPT. 5/08/08 C:\DEVELOPUENT PROJECTS\PR\PR08-21.DYK