Loading...
HomeMy WebLinkAboutPR 09-12; O Brien, John Mand Sherry A; 2009-0459113; Encroachment AgreementDGC# 2009-0459113 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 AUG17, 2009 9:47 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER. COUNTY RECORDER FEES: 30.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NAME: PROJECT ID: RELATED PROJECT ID: 215-691-24 O'BRIEN RESIDENCE PR 09-12 RW 09-39 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and JOHN M. O'BRIEN and SHERRY A. O'BRIEN as Trustees of the John M. O'Brien and Sherry A. O'Brien Revocable Trust ("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 7211 Calidris Lane within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-691-24, 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\ENCROACHMENTOBrien.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 John/Sherry O'Brien City of Carlsbad 7211 Calidris Lane 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\ENCROACHMENTOBrien.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 / "? day of /rJA/tC-ff 20 09. OWNER JOHN M. O'BRIEN and SHERRY A. O'BRIEN as Trustees of the John M. O'Brien and Sherry A. O'Brien Revocable Trust CITY OF CARLSBAD By: (Sign Here; JOHN M. O'BRIEN >ign Here)" SHERRY A. O'BRIEN (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 By: Deputy City Attdf ney F:\FARMER\KATHY\ENCROACHMENTS\ENCROACHMENTOBrien.doc EXHIBIT "A" LEGAL DESCRIPTION Lot 30 of Carlsbad Tract 90-36, in the City of Carlsbad, County of San Diego, State of California, according no Map thereof No. 13141, filed in the Office of the County Recorder of San Diego County, September 16, 1994, as file no. 1994- 554642 of official records. EXHIBIT "B" EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map number 13141, 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 September 16, 1994. LOCATION MAP NOT TO SCALE i L-HE HOUSE DRIVEWAY 11.9' — c SIDEWALK ^x^7 f t \ A A DC A f\C S^ I I T1 M5.5' \10' ENCROACHMENT (DECORATIVE PAVERS) CALIDRIS LN. PROJECT NAME ENCROACHMENT FOR OBRIEN RESIDENCE PROJECT NUMBER PR09-12 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3/09/09 C: \DCVELOPMENr PROJC:CTS\PR\PR09-12.DWG CERTIFICATE OF ACKNOWLEDGMENT State of California County of On 3-n-0°l before me. ( (here insert name anri title of the officer) personally appeared JO^N M.p'&g.fgKf ^ StieK.R.y Name{s) of Signer(s) • ' who proved to rne on the basis of satisfactory evidence to be thejperson (sj)whose/n§me_{sj iVare subscribed to the within instrument and acknowledged to me that tV/sh^/they executed the same in r^/hy/th eir a utho rized(capacjty|jes)j and that by " on the instrument t helpers on or the entity upon behalf of which thefpersonjs) 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 sea!. Signature J W*»AM~Vu~+^*~- Place Notary Sea, Above CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^TA On Date personally appeared 5 before me,P, U- Here Insert Name and Title of the Name(s) of Signer(s) 1IBM I. ROWLEY Commtoion * 1773534 . NotaryPubNc -California i •an Otogo County £ J who proved to me on the basis of satisfactory evidence to be the person(pf whose name(p) is/apd subscribed to the within instrument and acknowledged to me that he/afie/th^ executed the same in his/herf/thgtf authorized capacity(i&^), and that by his/tjef/thetf signature(#j on the instrument the person($f, or the entity upon behalf of which the person(s5 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 of Notary Public /*" 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: Signer(s) Other Than Named Above:<rv\. Number of Pages: 3 r A. O' 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.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827