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HomeMy WebLinkAboutPR 09-14; Wallace, Matthew and Patricia; 2009-0391106; Encroachment Agreement'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 DQCtf 2009-0391106 JUL16, 2009 8:57 AM OFFICIAL RECORDS 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.: 215-370-18 PROJECT NAME: WALLACE RESIDENCE PROJECT ID: PR 09-14 RELATED PROJECT ID: RW 09-41 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and MATTHEW WALLACE and PATRICIA WALLACE, 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 2857 Cacatua Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-370-18, 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 and an existing easement over, under and across Owner's property for drainage purposes which easements are 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 interlocking pavers to remain in a portion of the public road and utility easement and the drainage 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\ENCROACHMENTWallace.doc (1) loss or damages to property and (2) injury to or death of persons. (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 Matthew and Patricia Wallace City of Carlsbad 2857 Cacatua Street 1 635 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 H:\Development Services\PROJECTS\PR FILES\PR 09\PR090014-WALLACE RESIDENCE.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 *Z5 day of j OWNER By: (Sign Here) Matthew Wallace (Print Name Here) '•<:. U (Sign Here) Patricia Wallace (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: _ David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney -Deputy City Attorney H:\Development Services\PROJECTS\PR FILES\PR 09\PR090014-WALLACE RESIDENCE.doc EXHIBIT A PR 09-14 Lot 503 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6,1971. APN: 215-370-18 EXHIBIT B PR 09-14 Public Road and Utility Easement That portion of Cacatua Street fronting Lot 503 of La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6,1971. Drainage Easement A drainage easement over the westerly 10 feet of Lot 503 as dedicated on La Costa Meadows Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map Thereof No. 7076, filed in the Office of the County Recorder of San Diego County, October 6, 1971. LOCATION MAP AREA OF ENCROACHMENT (DECORATIVE PAVERS) CACATUA ST. SIDEWALK 37' 10' DRAINAGE EASEMENT NOT TO SCALE \ \ \ \ \ \ PROJECT NAME ENCROACHMENT FOR WALLACE RESIDENCE 2857 CACATUA STREET PROJECT NUMBER PR09-14 EXHIBIT DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 3/17/09 C:\DEVELOPUENT PROJECTS\PR\PR09-14.DWG CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of _ On UttrtJk 25") 2AD1 before Date personally appeared _ me,SJ\gpp*fJ. » I PaU' Here Insert Name and TitM of ttw Name(s) of Signer(s) ERICA SHEPPARD COMlJ1797272 (it NOTARY nnUC-CAUFORNU *>SMOCM COUNTY .MY Cotm. E». MAT 4.701? \ 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. Signature of 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: £*.Y\MD<w/\ Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: K<rftUl;uJ & 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 Oe Soto Ave., P.O. Box 2402 • Chatsworth, CA 91 31 3-2402 • www.NationalNotary.or9 Item #5907 Reorder Call Toll-Free 1 -800-876-6827 H:\Development Services\MASTERS\AGREEMENTS\ENCROACHMENT AGMT, Revised 1-10-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On *f before me, Date personally appeared 1 i __ouQltfU Here Insert Narrre and Title of the Offi -M ficer V Name(s) of Signer(s) THHf I. ROWLEY Comntfwton * 1773534 Notary Jutolte - Collfornlo I Son Dtogo County * Jr Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personal whose name($ is/aj^ subscribed to the within instrument and acknowledged to me that he/s>ie?th£y executed the same in his/hef/thgfr authorized capacity(ies£ and that by his/h^f/thefr signature^ on the instrument the person(^f, or the entity upon behalf of which the persontef 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 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: C Document Date: \A^c^-<^ ^ ^ /) Number of Pages:: -5 » i- & Signer(s) Other Than Named Above:to 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 Toll-Free 1-800-876-6827