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HomeMy WebLinkAboutPR 12-35; Larson, William and Rebecca; 2013-0189501; Encroachment Agreementlip RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carisbad, CA. 92008 DOCtt 2013-0189501 llllllllllflllllillllllllllllllill MAR 26, 2013 11:09 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 45.00 PAGES: SPACE ABOVE THIS UNE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-020-48-00 PROJECT NAME: LARSON RESIDENCE RELATED PROJECT ID: PRI2-35 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and William M. Larson and Rebecca Larson, husband and wife as joint tenants ("Owner"), in accordance with Chapter 11.16 of the Carisbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 1428 Pine Avenue within the City of Carisbad, San Diego County, California, Assessor's Parcel Number 205-020-48-00, and more particulariy 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 street and utility access easement which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The^&ncri)achment. City hereby covenants and agrees and grants its permission to Owner to illow a 36" height wood fence to remain in a portion of the street and utility access easement- A plat showing the location of the encroachment is attached as Exhib'it "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. 11 F:\KATHY\ENCROACHMENTS\LarsonEncroachment.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 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 William and Rebecca Larson City of Carisbad 1428 Pine Ave 1635 Faraday Avenue Carisbad CA 92008 Carisbad 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. /// /// /// /// /// F;\KATHY\ENCROACHMENTS\LarsonEncroachment.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 ll day of Sepr*^k-^n^ . lOjJz- OWN^ William M. Larson and Rebecca CITY OF CARLSBAD, a municipal Larson/husband and wife as joint tenants corporation of the State of California By: 1/ Wl Y*^^ ' GLEN K. VAN PESKI, City Engineer i(Sign Here) By: (Sign Here) REBECCA LARSON (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Assistant City Attorney WILLIAM M. LARSON (Print Name Here) PLS 8801 Exp. 12/31/201//^ F:\KATHY\ENCROACHMENTS\LarsonEncroachment.doc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of <Sc< V^ tst-*^^ O On Qz/Z-?/;^ before me, gPr-^l ^k. /lJ^tfZ>^. M O^/^V Pufcll^ , (Here insert name and title of the officer) personally appeared \Jd fttf^lc! V , 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 Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) CECELIA FERNANDEZ Commission # 1998365 Nottfy PubNe-CMnm San 0)199 C<Nli% ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). 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If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California of f\xr^ OvPrtn } County On>0\Pyn\Pjr \1,;;iOQ)efore me, \ tote ^ r\ \ Here InseTTName and Title of the Officer ' J personally appeared _ Name(s) of $ign©r(s) STEPHANIE FABIAN Commission No. 1891454 NOTARY PUBUC - CALIFORNIA SAN DIEGO COUNTY lytyComm. Expires May 30,2014 who proved to on the basis of^tisfactory evidence to be the persorij^af whose nannejj^^^r/B subscribed to the wittucL instrument and acknowledfl^ to me that leiltl^ authorized ' "on the instrument the person^, or'TITe entity upon behalf of which the persor^ acted, executed the instrument. wiimn insirumenT anq acKnowieojj^ TO, me Jm^J^t^jfdy executed the sarm^timmft^ autho capacity(j;pi^, and that byJoxmempNignaUi^ Piace Notary Seai Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my handand official seal. . Signature OPTIONAL - Signature of Notary Puislic 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 Docurnent 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:, • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb liere Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of tliumb here ©2007NationalNotaryA8socialion»93SGDe Soto Ave., P.O.Box2402»aiat8Worth,CA 91313-2402 •www.NationalNotary.org ltem#5907 Reorder CaH ToH-Fiee 1.800-876-6827 F:\KATHY\ENCROACHMENTS\LarsonEncroachment.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. ^ bate ^ Here Insert Name andTitle of th^ Officer ~J personally appeared _ Name(sTof Signer(s) STEPHANIE FABIAN \ siMd^sEv* Commission No. 1691454 o Im^mil NOTARY PUBLIC-CAUFORNIA § SAN DIEGO COUNTY < My Comm. Expires May 30.2014 \ Place Notary Seal Above who proved to me on the basis of^tisfactory evidence to be the personj^whose nam^^^XS^F^subscribed to the within instrument and acl<nowledged to me that (h^^la^Jje^ executed the sgme in(^?l}^r/f6eff authorized capacity(i^(gf^ and that bvm^)J)^^r signature;(^ on the instrument the personj^s), or the entity upon behalf of which the person(^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 Notary 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 removai and reattachment of this form to another document. Description of Attached Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capdcity(les) Claimed by Signer(s) Number of Pages: Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association "9350 06 Soto Ave., P.O. Box 2402 •Chatsworth, OA 91313-2402 •www.NattonaiNotary.org Jtem#5907 Reorder: Call Toli-Fpee 1-800-876-6^ 4 F:\KATHY\ENCROACHMENTS\LarsonEncroachment.doc EXHIBIT A Parcel 1 of Parcel Map No. 17734, in the City of Carlsbad, County of San Diego, State of California, filed in the office ofthe County recorder of San Diego County, July 31,1996, as File No. 1996-386220. EXHIBIT B A 60' public street and utility easement granted to the City of Carlsbad, as shown on Map number 1661, 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 March 1,1915.