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HomeMy WebLinkAboutPR 13-27; Matthew James Kent and Maya Mirit Kiss; 2014-0139103; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 216-531-07-00 ASSESSOR'S PARCEL NO. PROJECTID PROJECT NAME RELATED PROJECT ID PR13-27 RW 13-167 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Matthew James Kent and Maya Mirit Kiss ("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 7412 Capstan Dr. within the City of Carisbad, San Diego County, California, Assessor's Parcel Number 216-531-07-00, 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 general utility and access easement which easement is described in Exhibit "B" attached hereto and incorporated by reference. DDCtt 2014-0139103 illlll Iiiiii I APR 08, 2014 4:58 PM OFFICIAL RECORDS SAN DIEGD COUNTY RECORDER'S OFFICE EmesU. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES: 8 IHiiiHiiiiiiiiiHii KENT/KISS RESIDENCE 3. permission to The Encroachment. City hereby covenants and agrees and grants its Owner to allow colored concrete 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 F:\KATHY\KATHY\ENCROACHMENTS\KENTKISSDOC.doc 01/25/13 (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 Matthew Kent/Maya Kiss City of Carisbad 7412 Capstan Dr 1635 Faraday Avenue Carisbad CA 92011 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. 8. Capacitv. 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 F:\KATHY\KATHY\ENCROACHMENTS\KENTKISSDOC.doc 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this_Lk£h_clay of ^^./j^^^^Tf^ . 20 13 . OWNER MATTHEW JAMES KENT, an unmarried man, as to an undivided 50% interest and MAYA MIRIT KISS, an unmarried woman as. to an undivided 50% interest as Tenan By: MATTHEW JAMES KENT (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California By GtEN K. VAN PC^I, City Fngifteer •PL3 aooi-Exp. ^2/z^y^mA (Sign Here) MAYA MIRIT KISS (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney F:\KATHY\KATHY\ENCROACHMENTS\KENTKISSDOC.doc 01/25/13 State of California County of CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT On •^fA(U:hn,7^0)'^ before me, / JTLiAf/XJI H ^/iJiMflJ. fij^nJ (1^6.1/?, (here insert name and titlepf the officer) / personally appeared ^l^^m S. /^JcL-C/l:h who proved to me on the basis of satisfactory evidence to be the person(;^ whose name{^ is/aj4 subscribed to the within instrument and acknowledged to me that he/s^e/tlj^y executed the same in his/iyr/thyfr authorized capacity(ij^), and that by his/h^r/tf^ir signature(|i) on the instrument the person(^, or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws ofthe State ofCalifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal Signature yj^^g^ (L fiduTyU. T JANEAN R. HAWNEY i COMM. #1994825 i Notary Public-Caiifomia g San Di«go CounN My Coimn. Expires Oct 21 2016 [ (Seal) OPTIONAL INFORMATION Although the information in this section is not required by law, it could prevent fraudulent removal and reattachment ofthis acknowledgment to an unauthorized document and may prove useful to persons relying on the attached document. Description ofAttached Document The preceding Certificate of Acknowledgment is attached to a document titled/for the purpose of^^^/^./n.W' ^^rf^jTie/lh containing pages, and dated The signer(s) capacity or authority is/are as: n Individual(s) [J Attorney-in-Fact n Corporate Officer{s) Title(s) [H Guardian/Conservator CH Partner - Limited/General • Trustee(s) • Otiier: representing ( Name(s) of Person(s) or Entity(ies) Signer is Representing Method of Signer Identification Proved to me on the basis of satisfactory evidence: i—O form(5) of identification O credible witness(es) Notarial event is detailed in notary journal on: Page* Entry* Notary contact: Other I ! Additional 5igner(s) Q Signer(s) Thumbprint(s) • • lNlnOGnMON>l?V[N3lN3a31WON>l3ViNMD03nMOm3ViN3WM11MOfJ!<3WN3n3G™Or^>i:<WN3TOU]nMONaWiN3tNOa]lMON lW0Nll3flNJM5ailW0N«DVlN3W5a31WON^DWN3WDa3nMON>IDYiN3WDO3n»0rj:H3WN3WDO3nMON>IDaiN3WDO31MON>IDVitJ3>NDa31MON»3WN3W9O3n 3 Copyright 2007-201 2 Notary Rotary, Inc. 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I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. ^"5"^'^ -vP WITNESS my hand and official seal. Signature Signature of Notary Publ 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:. Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limiled • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT 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 DeSoto Ave.. P.O. Box 2402-Chatsworth, CA 91313-2402 •www.NationalNotary.org Item #5907 Reorder Call Tolt-Ftee 1-800.876.6827 F:\KATHY\KATHY\ENCROACHMENTS\KENTKISSDOC.doc 4 01/25/13 EXHIBIT "A" LEGAL DESCRIPTION Lot 17 of Carlsbad Tract CT 94-05 Poinsettia Shores Area A2, In the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13485, filed in the Office of the County Recorder of San Diego County, October 17, 1997, as file no. 1997-0521883 of official records. EXHIBIT "B" EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map number 13485, 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 October 17, 1997. LOT 18 CAPSTAN DRIVE PROPERTY INFO NAME:MATT KENT & MAYA KISS ADDRESS7412 CAPSTAN DR. CARLSBAD, CA 92011 LOT 16 S^TCi^ih^-r C E7)troa.(Lhr)r\e/\-t ajSeo^ Colored Cancrt-te^ SCALE: 1/16"= r