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HomeMy WebLinkAboutPR 08-29; Chaisson, James J; 2008-0408219; Encroachment AgreementDOC# 2008-0408219 RECORDING 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 8551 JUL30, 2008 4:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J, SMITH. COUNTY RECORDER FEES: 30.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 207-073-04 PR 080029 CHAISSON RESIDENCE PR RW 080162 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and James J. Chaisson, SR, Trustee of the James J. Chaisson, Sr. Trust R-401 dated 12/4/2003 ("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 4040 Skyline Rd within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 207-073-04, 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 Skyline Rd, 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 colored concrete, decorative pavers and plants 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:\PR080029-chaisson.doc 8552 (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 James J. Chaisson City of Carlsbad 4040 Skyline Rd 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. F:\PR080029-chaisson.doc 8553 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. this IN WITNESS WHEREOF, these parties hereto have executed this Agreement on day of \TV7r , 20 Op . OWNER 3 I1/2/2003 Here) James J. Chaisson 6r By: (Print Name Here) (Sign Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney BV: jfl2l Deputy City Attorney F:\PR080029-chaisson.doc 8554 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 12 Date personally appeared before me, J. Here1 Insert Name ancf Title of the Officer Name(s) of Slgner(s) OFFICIAL SEAL DAREN VASS"" Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(9) whose namete) is/afe subscribed to the within instrument and acknowledged to me that he/she/tj)iey executed the same in hrs/tjer/j|aeir authorized capacity(ieri, and that by his/her/ttreir signature^) on the instrumenrthe person^), or the entity upon oehalf of which the person(sj 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 myyHandl and offici 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: l£ QM"-Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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: 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 Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402-Chatsworth.CA 91313-2402-www.NattonalNo1ary.org Item #5907 Reorder:CallToll-Free 1 -800-876-6827 F:\PR080029-chaisson.doc GOVERNMENT CODE 27361.7 8555 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Daren Vass Commission Number: 1706742 Date Commission Expires: November 21. 2010 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: RBG-1 (Located on both sides of the notary seal border) Signature:City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 7/7/08 Rec. Form #R10 (Rev.7/96) 8556 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On_' Date personally appeared before A. Here Insert (me and Title of the Offi Name(s) of Signer(s) Itwmi.towiiv CwnmlMton*l779tt4 kft4»A^B^L* ^k B^kU^k rf* ^Htmmmll* 8NOfQfy rUDNC - CWIOffllQ I ton Dtogo County 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. 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: Document Date: JQ-<A<^ \¥> \ <^o*=> ff Number of Pages:-? Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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: RIGHT THUMBPRINT 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402 • Chatsworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 8557 EXHIBIT A / Lot 17 of Carlsbad Highlands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2647, filed in trie Office of the County Recorder of San Diego County, April 18, 1950. Excepting therefrom the Northerly 105 feet thereof, the Southerly line of said Northerly 105 feet being parallel with and distant 105 feet Southerly at right angles from the Northerly line of said lot 17. APN: 207-073-04 LOCATION MAP 8558 AREA OF ENCROACHMENT (COLORED CONCRETE & DECORATIVE PAVERS) PROJECT NAME ENCROACHMENT FOR CHAISSON RESIDENCE PROJECT NUMBER PR08-29 EXHIBIT DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 6/18/08 C:\DEVELCfHENTPROJECTS\PR\PR08-29.0WG