Loading...
HomeMy WebLinkAboutPR 09-94; Melillo, Nicholas and Nikko; 2009-0097711; 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 DQC# 2009-0097711 FEB 26, 2009 4:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 28.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 167-280-35 CB08-2229 Melillo Residence PR 09-04 N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Nicholas Matthew Melillo and Nikko Tanya Melillo, Trustees of the Melillo Trust dated April 8, 1992 ("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 3746 Longview Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 167-280-35, 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, a 12' Drainage Easement on Lot 35 of El Camino Mesa Unit No. 6, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6988, filed in the Office of the County Recorder of San Diego County on July 15, 1971. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow a pond, stream, bench, trellis, pine tree and fruit trees to remain in a portion of the Drainage easement. A plat showing the location of the encroachment is attached as Exhibit "B" 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 of1 H:\Development Services\PROJECTS\PR FILES\PR 09\PR 09-04 Melillo Residence - Ontiveros\ENCROACHMENT AGMT, PR0904.doc 13510 (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 Nicholas and Nikko Melillo City of Carlsbad 3746 Longview Dr 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 H:\Development Services\PROJECTS\PR FILES\PR 09\PR 09-04 Melillo Residence - OntiverosVENCROACHMENT AGMT, PR0904.doc 13511 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 c? <f day of J"J/\JVfay 20 Of.^ — OWNER Nicholas Matthew Mellillo and Nikko Tanya Melillo, Trustees of the Melillo Trust dated April 8, 1992 By: By: (Sign Here) A/llff6t./& MflNicholas Matthew Melillo (Print Name Here) (Sign Here) TAtiVA Nikko Tanya Mellillo (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: ^_^ David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008- APPROVED AS TO FORM: RONALD R. BALL City Attorney By:/* — •y AttqrntDeputy City Attorney H:\Development Services\PROJECTS\PR FILES\PR 09\PR 09-04 Melillo Residence - Ontiveros\ENCROACHMENT AGMT, PR0904.doc 13512 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California /a,, personally appeared MARYANN HORNBUCKLE Commission # 1818867 Notary Public -- California San Diego County My Comm. Expires Oct 23, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) flare subscribed to the within instrument and acknowledged to me that be/sKe/they executed the same in hfe/fje'r/their authorized capacity(ies), and that by hid/h^r/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 (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: / /. Number of Pages:. Signer(s) Other Than Named , Capacity(ies) Claimed by/Slgner(s) Signer's Name: n Individual D Corporate Office/— Title(s): D Partner — D limited D General D Attorney in D Trustee D GuardiaK or Conservator D Other/ RIGHT THUMBPRINT OF SIGNER 'Top of thumb here Signer Is Representing: / Signer's Name:. D Individual D Corporate Office/—Title(s):. D Partner — D Limited D General D Attorney in I D Trustee D Guardia/f or Conservator D Other/ Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here 02007 National Notary Association' 9350 DeSotoAve., P.O. Box 2402- Chateworth, CA 91313-2402'Www.NatonalNotary.org !tem#S907 Reorder: Call Toll-Ftee 1-800-876-6827 13513 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. /e&On Date before me, personally appeared Jj^-^/(0 Here Insert Name and title of the Officer U- Name(s) of Signer(s) TERIE L. ROWLEY CommtoKon * 1773534 Notary PubMc - California San Dtogo County 1!i who proved to me on the basis of satisfactory evidence to be the persontef whose name^is/a^subscribed to the within instrument and acknowledged to me that he/s>e?theyexecuted the same in his/h0f/theffr authorized capacity(ie^), and that by his/h^r/th^lr signature^ on the instrument the person(sX or the entity upon behalf of which the person(sj'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 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:Number of Pages: 3 Signer(s) Other Than Named Above:fl*guuuo < H\t<«DTA.M^A 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: RIGHT THUMBPRINT 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 if J^w/W^t ©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 13514 EXHIBIT "A" PROPERTY LEGAL DESCRIPTION Lot 35 of El Camino Mesa Unit No. 6, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6988, filed in the Office of the County Recorder of San Diego County on July 15, 1971. PR 09-04 (CB082229) Melillo Residence 13515 LOCATION MAP AREA OF 12' EASEMENT EXIST. POND EXIST. TRELLIS EXIST. FRUIT TREES LONGVIEW DRIVE PROJECT NAME ENCROACHMENT FOR MELILLO RESIDENCE 3746 LONGVIEW DRIVE PROJECT NUMBER PR09-04 EXHIBIT B DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 1/27/09 C:\pEVELOPEMENTPROJECTS\PR\PR09-04.DWG