HomeMy WebLinkAboutPR 09-27; Britton, Douglas R and Renee M; 2009-0420274; 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 pf
DOC# 2009-0420274
JUL28, 2009 4:19 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L B U T LE R. CO U N TY R E CO R D E R
FEES: 0.00
PAGES: 8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
PROJECT ID:
PROJECT NAME:
RELATED PROJECT ID:
RELATED PROJECT ID:
214-460-64
PR Ofl-£7
916 ROSEMARY AVENUE
PR 09-27
RW 09-108
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Douglas R. Britton and Renee M. Britton, 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
916 Rosemary Avenue, within the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 214-460-64, 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 purposes 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 asement. 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
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08.doc
(C) The Owner must remove or relocate any part of the encroachment *1 ^ ^) 4
within ten (10) days or such other time as specified in the notice-*3
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 Douglas and Renee Britton
City of Carlsbad 916 Rosemary Avenue
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.
2
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08.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 J^^I _ day of
OWNER
Douglas R, Britton and Renee M. Britton,
husband ana wife as jeinMenan
/ (Sign Here)
Pouglas R. Britton
(Sign Here)
Renee M. Britton
(Print Name Here)
CITY OF CARLSBAD
ROBERT T. JOHNSON, JR., P.E.
City Engineer
David A. Hauser, Deputy City Engineer
RCE 33081 Exp. 06/30/2010
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorny
H:\Development Services\PROJECTS\PR FILESVPR 09\PR 09-27 Britton Residence - Ontiveros\ENCROACHMENT AGMT, Revised 1-10-
08.doc
State of California
county of * 8\90
on DLJ~.!D? beforeme, C)~;PNIC~&-
personally appeared r) ouq \a%
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
Mdthey executed the same in 4Wber/their authorized
capacity(ies), and that by bWw/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.
OPTIONAL
Though the lnfomtion below & not required by law. it may prwe veluable to pemm mlyfng on the document
and couldpm~mni fraudulent reml and reattachment of this form to anolher document.
Description of Attached Document
Title or Type of Document: &fit Q--~W
Document Date: ~LP l as I w Number of pages: 3
Signer(s) Other Than Named Above:
Capaclty(1es) Claimed by Slgner(s)
*sR. Wtttm
Signer's Name: p Individual
Corporate Officer - Title(s):
Partner - Limited General
Attorney in Fact .-.
Tkme ~.an;kn
Si nets Name:
,dndiviciud
Corporate Officer - Title(s):
Partner - Limited General
Attorney in Fact
Trustee
nun r I nuuerrnnnr 8 OF SIGNER
. . . - . , . . . . - . . . - . . . . . . .
OF SIGNER
-
Guardian or Conservator
Other:
Signer Is Representing:
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 203 of Carlsbad Tract 83-02, Unit No. 4, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 11218, filed in the
Office of the County Recorder of San Diego County on April 30,1985.
PR 09-27
Britton Residence
EXHIBIT "B"
EASEMENT
An existing General Utility and Access easement as disclosed by deed recorded
December 27, 1983 as File No. 83-470784 of the Office of the County Recorder
of San Diego County.
PR 09-27
Britton Residence
LOCATION MAP Ai
NOT TO SCALE
L1
SIDEWALK
'.k '
I
- ,
I
« *'
r /pTC^
^
HOUSf
/
< 76' >
tep w
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ENCROACHMENT
(DECORATIVE PAVERS)
ROSEMARYAVE.
PROJECT NAME ENCROACHMENT FOR
BRITTON RESIDENCE
916 ROSEMARY AVENUE
PROJECT
NUMBER
PR09-27
EXHIBIT
DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 6/23/09 C: \DEVELOPHENT PROJ£CTS\PR\PR09-27.DWG
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On J u *-
ate
personally appeared
before me,
**X-Vi & A-
Here Insert Name ar4d Title of the Office
M
r |
Lit—
Name(s) of Signer(s)
TERIE 1. ROWLEY f
CommlMton # 1773934 I
Notary Public • California |
San tx*go County 1
MyComm.BrtmOctl8.20ll I
who proved to me on the basis of satisfactory evidence to
be the persontef whose name^f) is/ar# subscribed to the
within instrument and acknowledged to me that
he/sbe'/they executed the same in his/hjef/thpff authorized
capacity(ie^), and that by his/her/thetf signature^) on the
instrument the personfsf, 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.
[O-VvA,
Place Notary Sea! Above 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: E1.M
Document Date: _ J U N ^ c*
K-m eK
Signer(s) Other Than Named Above:
Number of Pages:
t T To >H
Capacity(ies) Claimed by Signer(s)
Signer's Name:
... Individual
Corporate Officer — Title(s):
..' Partner — ...Limited 1 General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
RK3HTTHUMBPRINT1OF SIGNER
Signer's Name:
'_: Individual
_.. Corporate Officer — Title(s):
'.".. Partner — __: Limited General
. Attorney in Fact
1 Trustee
I Guardian or Conservator
Other:
Signer is Representing:
RIGHT THUMBPRINT
OF SIGNER