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HomeMy WebLinkAboutPR 13-29; Williams, Mark E & Karen Lynn and Wood, Jacalyn P; 2015-0031578; Encroachment AgreementDOC# 2015-0031578 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD Jan 23, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $42.00 WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-442-42-00 PROJECT ID: PR13-29 PROJECT NAIME: WILLIAMS RESIDENCE RELATED PROJECT ID: RW 13-168 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Marl< E. Williams, Karen Lynn Williams and Jacalyn P. Wood ("Owner"), in accordance with Chapter 11.16 ofthe Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 946 Jasmine Ct. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 214-442-42-00, 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 1 F:\KATHY\KATHY\ENCROACHMENTS\WILLIAMSENCROACHMENT.doc 01/25/13 hereunder, Including any loss, damage, or expense arising out of (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 mall, 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 Mark/Karen Williams City of Carlsbad 946 Jasmine Ct. 1635 Faraday Avenue Carlsbad CA 92011 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. 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 F:\KATHY\KATHY\ENCROACHMENTS\WILLIAMSENCROACHMENT.doc 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this^^AZO_day of Mi Cru sT . 20 13 . OWNER MARK E. WILLIAMS, KAREN LYNN WILLIAMS, Husband and Wife as joint tenants and JACALYN R WOOD, a Widow, as tenants in common By: By: 2. bSMlS^ (Sign Here) MARK E. WILLIAMS (Print Name Here) KAREN LYNN WILLIAMS (Print Name Here) (Sign Here) JACALYN R WOOD (Print Name Here) APPROVED AS TO FORM: CITYOF CARLSBAD, a municipal corporation of the State of California •6LE^JLK. Mm PLSKLCity Engineer eem- Exp. i?/?i^?Qin CELIA BREWER City Attorney By: F:\KATHY\KATHY\ENCROACHMENTS\WILLIAMSENCROACHMENT.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of "r^/l/^l 7>/<^S^ } On AcU &^jSr before me. Date Here Insert Name and TitIS of the Officer personally appeared Name<s) of Signer(s) I* • • i • • • 1 LYNN IM. MENDOZA Commission # 1893876 Notary Pulriic - California i ^.f—^^ San Diego County g ^™*^ My Comm. Expiras Jun 26.2014 L who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is^^^iubscribed to the within instrument and acltnowledged to me that he/shq^fFi^ executed the same in his/hergfig? authorized capacityij^, and that by Hslhexl^j^ 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 official seal. Place Notary Seal Above Signature. Signature of Notary Putillc Or '. OPTIONAL Though the information below is not required by law, it may prove valuable to persons reiying 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: ^A/^oAil^U/>7 BTJT /\-6rYZ^y^ i^^T Document Date: (2. Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Hmdividual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: &trtdivldual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thunnb here ©2007 National Notary Association• 9350 De Soto Ave., RO.Box 2402.Chatswortti,CA 91313-2402•www.NatlonalNotary.org item #5907 Reorder:CallTOII-FIBS 1-80O.876.6827 F:\KATHY\KATHY\ENCROACHMENTS\WILLiAMSENCROACHMENT.doc 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this ' S/s-t dav of 3 u ^ / , 20 13 OWNER MAUK E. WILUAMS, KAREN LYNN WILUAMS. Husband and Wife as Joint tenants and JACALYN P. WOOD, a yNMmi, as tenants in common By: (Sign Here) MARK E. WILUAMS (Print Nanne Here) CITY OF CARLSBAO, a municipal corporation of the Stote of Califomia GLEN K. VAM-PE9KI. City Engineer LJjtML Pl^ 8801 Exp. 12/11,/20^ By:. (Sign Here) KAREN LYNN WILLIAMS (Print Name Here) (Sign Here) JACALYN P WOOD (Print Name Hens) APPROVED AS TO FORM: CELIA BREWER City Attomey By: RON KEMP Assistant City Attorney F»<ATMY«A1W«NCR0ACHM6NTSWmiiM«S61>«Rt^H^ 01/25/13 ciyLiPOfiiiiA AUMPifnNisE ACKiMiin.eiiiiMeiiT Steto of CMiiomia 1 On JULY '^h CP^I^ before me. _ KAY E. BLACK P Commission # 1870823 t Notary Public - California 1 ^ Riverside County g My Comm. Expires Nov 23, 2013 1 vvho (xt»»9d to rm ttw t»Mte <rf ^riMu:;^ eimJtei^ to be tt» (3«r^|K) vt^im^ rMvr^^ to the within Insinimmtt luid adarKMrtfiK^ed to rrw that l^w^My a«eaM ttw saume n ^^leHmflmlsi auttmiz^ <^lf»K%(i«6), ami ihaA ty MH^'m^Mr ^igmm^ on ttw h^iMTwnt ttte pen^m^i), or ttw Mit% i^xxi b^mlf of which ttw (W(^(^) m&i, mBtsmdi tm m^tMmm. I cer% under PENALTY OF PERJURY under ttw mm <A the State erf CMifomia that the forgoing (^ragraph is tnw ami mrred. WITNESS my har«S ami oflktt Sigrwture oprmNAL " Tm or Type Oaamwm: c^/i e- ^i.^ <? Xioomm Date: jj^^ 1.11 N««*eroff^:„^ Sl9^s)0ttwrT!i«iNanw^MK»«: _ S^rw%»tome: ^d-C^lj^^ P. uSr>^^ ^ irKttvkkiat O Ck«ix^rts(»tatr—Tutors): O f^fftrwr—OUfBitel O General O Trusiw O Qunttfton or C(Wmnmtor O 0«ier:__ Satwr^Name: ^ OlfKlhrtdual D Corporate —TmK%\. D Ftortner — O UmiW O Qeneeal O Attww In • Trusts O QiMnf an or Caiser>«itor • QMiw: l=«AW¥mTHY«NCR^HM6WSWItUAMSeNCRt^HMeNT.*K CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or otiier officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) Countv of ^ban \:) \ f ) On //^//.<r^ before me, l^fQ l> N ^. KloVqKtj P\J^]\c_ Date personally appeared Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(8)'whose namej(8)r is/are subscribed to the within instrument and acknowledged to me that he/she/lbey^executed the same in his/t)er7t|>eir authorized capacity0^8); and that by his/l^ef/tbetr signature(;^on the instrument the person(;^, or the entity upon behalf of which the person^s^ acted, executed the instrument. mm I FARAH NISAN Commission # 2088884 Notary Public - California | ^^3S^ Mv Comm. Expires Nov 6.20181 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 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document < . Title or Type of Document:"£pf yncif.V>|iry\j[f\-t- fVj're^nrxDr^t'Document Date: ^ / ^ |( 3 Number of Pages: VD Signer(s) Other Than Named Above: — C^pacity(ies) Claimed by Signer(s) Signe?*s-Name • Corporate • Partner — • Individual • Trustee • Other: ;;;^Title(s): • Limit© • Attorney in Fact • Guardian or Conservator Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact jtee • Guardian or Conservator • Other: _ Signer Is Representlrigr ..J^ ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION Lot 204 of Carlsbad Tract CT 73-39 Spinnaker Hills Unit No. 3, in the City of Carlsbad, County of San Diego, State of California, according to Map tliereof No. 8453, filed in the Office of the County Recorder of San Diego County, December 29, 1976, as file no. 76-439297 of official records. EXHIBIT "B" EASEIVIENT A general utility and access easement granted to the City of Carlsbad, as shown on IVlap number 8453, 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 December 29, 1976. 946 JASMINE CT Lot AOH 4 k: 4.5 A fo' AREA OF ENCROACHMENT AREA OF ENCROACHMENT EXHIBIT C 946 JASMINE CT APN 214-422-42