Loading...
HomeMy WebLinkAboutPR 09-10; Armstrong Michael A and Dolores; 2009-0208988; Encroachment Agreement"ft 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 DOC# 2009-0208988 APR 23, 2009 9:07 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 30.00 PAGES: 8 4055 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-200-08 PROJECT NAME: ARMSTRONG RESIDENCE PROJECT ID: PR 09-10 RELATED PROJECT ID: RW 09-38 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and MICHAEL A. ARMSTRONG and DOLORES ARMSTRONG, 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 2975 Valley St., within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 156-200-08, 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\ENCROACHMENTArmstrong.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 >inc after receipt of it from the City Engineer, or the City Engineer may 4 UD0 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 Michael/Dolores Armstrong City of Carlsbad 2975 Valley St 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:\FARMER\KATHY\ENCROACHMENTArmstron.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 4 u 5 7 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on day (OWNER) MICHAEL A. ARMSTRONG and DOLORES ARMSTRONG, Husband and Wife as Joint Tenants By: (Sign Here) MICHAEL A. ARMSTRONG .,—is. ^ri By: / JoJgj^ (Print Name Here) (Sign Here) DOLORES ARMSTRONG (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: _ David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney -Bepoty City Attorney F:\FARMER\KATHY\ENCROACHMENTArmstron.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4058 State of California County of _ On vl/<2 before me, personally appeared / 1 I^AJLK 1\- 4fmf>vI fi . rttJj£i nf> Here Insert Name and f/J tteXWicer Name(s) of Signe t+Jbo gners)7\ SHERRY A. FREISINCER CommlMlon * 1727064 Notary Public - California San Dltao 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 h^sbe/they executed the same in hi^/hef/their authorized capacity(ies), and that by hjsVbeVtheir 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 rnfl hand and officiakseal. Place Notary Seal Above Signature OPTIONAL/- Signature•eidNStariry 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 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.NatkxialNotary.org Item #5907 Reorder: Call Toll-Frse 1 -800-876-6827 F:\FARMER\KATHY\ENCROACHMENTArmstron.doc 4059 EXHIBIT "A" LEGAL DESCRIPTION That portion of Tract 121 of Carlsbad Lands, in the County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, described as follows: Beginning at a point in the Southwesterly line of said Tract 121, distant thereon North 34°33' West, 185.00 feet from the most Southerly Corner thereof; thence North 55°27' East, 602.00 feet to the Southwesterly line of the Northeasterly 198.00 feet of said tract 121, said point being the true point of beginning; thence continuing, North 55°27' East, 228.00 feet to the center line of Valley Street adjoining said tract 121 on the Northeast; thence along said center line, South 34°33' East, 55.00 feet; thence leaving said center line, South 55°27' West, 228.00 feet to said Southwesterly line of the Northeasterly 198.00 feet of said tract; thence along said Southwesterly line, North 34°33' West, 55.00 feet to the true point of beginning. 4069 EXHIBIT "B" EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map number 1661, 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 March 1, 1915. LOCATION MAP 4061 VALLEY ST. AREA OF ENCROACHMENT (DECORATIVE PAVERS), EDGE OF PAVEMENT NOT TO SCALE PROJECT NAME ENCROACHMENT FOR ARMSTRONG RESIDENCE PROJECT NUMBER PR09-10 EXHIBIT DRAW! BY: SCOTT EVANS, CARLSBAD OJGWEBSW! DEPT. 3/09/09 C:\KMLOPUENT PROJ£CTS\PR\f>R09-10.DWG 4062 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On before me, Date personally appeared Name(s) of Signer(s) TEME L.ROWLEY CommlMlon * 1773534 Notary Public • California San Dtooo County MyConnm.BirtmOctl5.2011 I Ii who proved to me on the basis of satisfactory evidence to be the person(sj) whose name(s)f is/aj# subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/he//tbeir authorized capacity(ie€), and that by his/he/r/thek' signature^ on the instrument the person(^f, 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. Place Notary Seal Above WITNESS my hand and official seal. Signature.Signature of Notary Public 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: 6 Document Date: /Vv-A^ c i~f Signer(s) Other Than Named Above: Number of Pages: < 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: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 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., RO. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827