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HomeMy WebLinkAboutPR 11-05; ZEHNER, GREGORY C; 2011-0146536; Encroachment Agreementft 2011-0146536 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 MAR 18, 2011 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE pcerc Dronenbur9- Jf- COUNTY RECORDERrtES: 36.00 PAGES: 10106 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-382-14 PROJECT ID: PR 11-05 PROJECT NAME: ZEHNER RESIDENCE RELATED PROJECT ID: RW 11-37 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Gregory C. Zehner, a single man ("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 3416 within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 167-382-14, and more particularly described in Exhibit "A", attached hereto and incorporated 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 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 1 C:\Documentsand Settings\lonti\Local SettingsYTemporary Internet Files\Content.Outlook\Z3F98E51\ZehnerEncroachment.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 j n « _ _ cause such work to be done and the reasonable cost thereof shall •*•« J. u / 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 Gregory Zehner City of Carlsbad 3416 Santa Clara 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. 2 C:\Documents and Settings\lonti\Local Settings\Temporary Internet Files\Content.Outlook\Z3F98E51\ZehnerEncroachrnent.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. 2. Oj Ho IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this IT day of >CV^AV*AX 20 if. OWNER GREGORY C. ZEHNER, a single man CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (Sign Here) GREGORY C. ZEHNER (Print Name Here) n/a (Sign Here) n/a (Print Name Here) GLEN K. VAN PESKI, City Engineer PLs 8801 Exp 1 2/31 7201 2 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: •'Deputy City Attorney C:\Documents and Settings\lonti\Local SettingsYTemporary Internet Files\Content.Outlook\Z3F98E51\ZehnerEncroachment.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared OFFICIAL SEAL SAN DIEGO COUNTY MYCOMM.eXP.NOV.12.2014 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s)-whose name^s^BtoFe-subscribed to the within instrument and acknowledged to me that (fi£7£be/th@y-executed the same irCEfc/hui/lUttr authorized capacity(ies7?and that byCE^hw^eMigfiatureteJ-on the instrument the person(a^6r the entity upon behalf of which the person(g)-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: Document Date:. Number of Pages:. 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: 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 V!@K?S2V!sm?s0^ ©2007National Notary Association-935OD«SotoAv6.,P.O.Box24O2'Chatsworth,CA 91 31 3-2402 • www.NationalNotary.org Item #5907 Reorder. Call Toll-Foe 1-800-876-6827 F:\KATHY\ENCROACHMENTS\ZehnerEncroachmentdoc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, C-|Ug>* ) of Signers) TERIE L. ROWLEY CommlMlon # 1773934 Notary Public • California | San Dl*go County I who proved to me on the basis of satisfactory evidence to be the person(s/ whose name^J is/ate subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/haf/thsfr authorized capacityfles), and that by his/hjer/thel'r signature^ on the instrument the person(sf, or the entity upon behalf of which the person(sf 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. —--• Q-iyu-' Place Notary Seal Above Signature OPTIONAL Signature ol 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: ^H CAo M Document Date: erM T 4U Number of Pages:3<Je:kJ»J3 Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: D Individual a 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:. 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:. Top of thumb here O2007'NilkxidNol»yAnocialion>93SOD«SctoAw..PO.BCK2W rtom#5e07 ReorderCt*ToM=rMl-80fr87»«a27 EXHIBIT "A" LEGAL DESCRIPTION Lot 49 of Carlsbad Tract 76-2 (Royal Homes No. 6), in the City of Carlsbad, County of San Diego, State of California, according no Map thereof No. 8581, filed in the Office of the County Recorder of San Diego County, May 24, 1977, as file no. 77-199618 of official records. EXHIBIT "B" EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map number 8581, 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 May 24, 1977. o Extg. Fence Urbana 4PC. modular Extg. Sidewalk t New Apron GARAGE J I I I I I I I I I I I I I I I I I I*s I . I . I . I . I. I . I. I. I . I . I . I . I . I . I . I . I . I [TKI.1.1.1.1.1.1.1.1.1.1.1.1 I I I I I I I I I I I I I I Urbana 3PC. modular 10' in 9 oca. b 3 X 02 Csl 00 vo Q. < 3416 Santa Clara Wav Scale: 1/8"=1'-0"