HomeMy WebLinkAboutPR 09-33; Landes, Thomas Michael & Mindy Anderson; 2010-0232116; Encroachment AgreementRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOCtt 2010-0232116
MAY 07, 2010 3:59 PM
V
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER, COUNTY RECORDER
FEES: 0.00
PAGES:
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 156-110-45
PROJECT NAME: LANDES RESIDENCE
RELATED PROJECT ID: PR 09-33
RELATED PROJECT ID: RW 09-154
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Thomas Michael Landes and Mindy Anderson
Landes, 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
1318 Chuparosa Way within the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 156-110-45, 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 easement 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.
8
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(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 * n n j £
after receipt of it from the City Engineer, or the City Engineer may J- U U 4 0
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 Thomas/Mindy Landes
City of Carlsbad 1318 Chuparosa Wy
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.
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F:\KATHY\ENCROACHMENTS\LANDESENCROACHMENT.doc
8. Capacity. Each party represents that the person(s) executing thts *•* ^ ^ '
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
OWNER THOMAS MICHAEL LANDES
and MINDY ANDERSON LANDES,
Husband and wife as Joint Tenants
By:
By:
(Sign Here)
THOMAS MICHAEL LANDES
(Print Name Here)
n (Sign Here)
MINDY ANDERSON LANDES
(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
By:
Deputy CityWtorney
F:\KATHY\ENCROACHMENTS\LANDESENCROACHMENT.doc
10048
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of v>U)
On 9 llj ]
I ' Da
I/
before me
personally appeared
, / ./IC W/ &, <L-# jl£/V?-5 , Mu j~it A
^—•• ' / Here Insert Name and Title of the Officer (
'}\€'tm^ Mitfaie./ LjL^\dt. s
Name(s) of Signer(s)
CHERYL D. LAMOES
CommrttkMUM 829359
Nctwy Puttie - CaKfornta
Sin Ditgo County
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) jg/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in Jais/Her/their authorized
capacity(ies), and that by his/ber/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/rriTjhapd and official seal.
Place Notary Seal Above
Signatu
OPTIONAL
J" Signature of Notary Public
Though the information below /s 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:
[J Individual
Corporate Officer —Title(s):
r Partner — i ] Limited D General
! 1 Attorney in Fact
r Trustee
!. J Guardian or Conservator
__ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Signer's Name:
I] Individual
i_ Corporate Officer — Title(s):
C Partner — E Limited I ] General
LJ Attorney in Fact
LJ Trustee
Zl Guardian or Conservator
I] Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
Top of thumb here
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 10049
State of California
County of _j±
Date
before me,
personally appeared
Here Insert Name arid Title of the Officer
A.
Name(s) of Signer(s)
TIME I. ROWLEY
CommiMton * 1773534
Notary PubNc - California |
•an Dtogo County *
iOct 15.2011
who proved to me on the basis of satisfactory evidence to
be the person^ whose name(sf is/a^ subscribed to the
within instrument and acknowledged to me that
he/sbe^they executed the same in his/rjjefr/thpif authorized
capacity(iegf, and that by his/hel/theif signature^ on the
instrument the person^, or the entity upon behalf of
which the person($f 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.
OPTIONAL
_^_±r^.Signature of Notary fupic
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: £X c.^
Document Date: ^ 1' *~t ( ^g>^ °\
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 THUMBPRIN1
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
C2007 National Notary Association' 9350 DeSotoAve., P.O. Box 2402 •Chatsworth, CA 91313-2402-www.NaflonalNotary.org ltem#5907 Reorder: Call Toll-FiBe 1-800-876-6827
F:\KATHY\KATHY\ENCROACHMENTS\VONSENCROACHMENTAGMT (Draft2), Revised 1-10-08.doc
10050
EXHIBIT "A"
LEGAL DESCRIPTION
That portion of the Northwest Quarter of the Southeast Quarter of the Southwest
Quarter of Section 31, Township 11 South, Range 4 West, San Bernardino base
and meridian, in the City of Carlsbad, County of San Diego, State of California,
according to the official plat thereof, described as follows:
Beginning at the Northwest Corner of the Southeast Quarter of the Southwest
Quarter of said Section 31, thence south 0 degrees 02 minutes 22 seconds East
along the West line thereof, 539.64 feet to the Southwesterly corner of that
certain parcel of land granted to Randolf Duke and Daisy W. Duke husband and
wife by deed recorded July 6, 1956 as file no. 93154, in Book 6169, page 107 of
official records; thence along the Southerly line of said land, North 84 degrees 16
minutes 12 seconds East 100.46 feet to an angle point therein, thence
continuing along said Southerly line North 70 Degrees 1 minutes 17 seconds
East 53.17 feet to an angle point therein; thence continuing along said Southerly
line North 70 degrees 42 minutes 18 seconds East 76.26 feet to the
Southeasterly corner of said Duke land; thence along the Easterly line thereof,
being also the Easterly line of the Westerly 222.00 feet of said Northwest
Quarter of the Southeast Quarter of the Southwest Quarter of Section 31, North
0 Degrees 02 minutes 22 seconds West 162.22 feet to the Southwesterly corner
of land described in deed to Aubrey W. Dennison, Et Al, recorded April 28, 1952
in Book 4448, page 445 of Official Records; thence South 89 degrees 58
minutes 53 seconds west along the westerly prolongation of the Southerly Line
of said land 22.00 feet to the True Point of Beginning; thence continuing along
said Westerly prolongation South 89 Degrees 58 minutes 53 seconds West,
50.00 Feet to a point in the Easterly line of the land described in deed to Aubrey
V. Dennison, Et Ux, recorded November 2, 1950 in Book 3847, Page 316 of
Official records; thence South 02 degrees 22 minutes East along said Easterly
line 98.40 feet to a point that is distant thereon North 0 degrees 02 minutes 22
seconds West 17.00 feet from the Southeasterly corner of said Dennison Land;
thence leaving said Easterly line South 68 degrees 47 minutes 32 seconds East
62.62 feet to a point in the arc of a 50.00 radius curve, concave Southeasterly,
said last mentioned course being radial to said curve; thence Northeasterly along
the arc of said curve 44.11 feet through a central angle of 50 degrees 32 minutes
40 seconds; thence leaving said curve north 23 degrees 32 minutes 40 seconds;
thence leaving said curve north 23 degrees 15 minutes 37 seconds west 99.78
feet to the true point of beginning.
EXHIBIT "B"
EASEMENT
A general utility and access easement granted to the City of Carlsbad, as stated
in Grant Deed No. 204 to 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 1, 1966, as file no. 143238.
LOCATION MAP 1DD52
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t
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NOT TO SCALE
AREA OFENCROACHMENT
(DECORATIVE PAVERS)
PROJECT NAME ENCROACHMENT FOR
LANDES RESIDENCE
APN 156-110-45
PROJECT
NUMBER
\PR09-33
EXHIBIT
DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 9/9/09 C:\DEVELOPUENT PROJECTS\PR\PR09-33.DWG