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HomeMy WebLinkAboutPR 13-44; Miller, James R and Roberta M; 2013-0715008; Encroachment AgreementDOCtt 2013-07 ililliliilliiiiilil 5008 IIIIIIIIIIIII RECORDING 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 DEC 11, 2013 9:25 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE 223-170-31-00 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME PR 13-44 a. MILLER RESIDENCE 3107 LEVANTE ST RELATED PROJECT ID: RELATED PROJECT ID: RW 13-209 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and James R. Miller and Roberta M. Miller, husband and wife as joint tenants ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 3107 Levante St, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 223-170-31-00, 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 public street purposes 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. 1 Q:\CED\LandDev\PROJECTS\PR\PR 13\PR 13-44 Miller Residence - OntiverosVENCROACHMENT AGMT PR 13-44.doc 01/25/13 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. (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 Miller Trust City of Carlsbad 3107 Levante St 1635 Faraday Avenue Carlsbad CA 92009 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. 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 2 Q:\CED\LandDev\PROJECTS\PR\PR 13\PR 13-44 Miller Residence - Ontiveros\ENCROACHMENT AGMT PR 13-44.doc 01/25/13 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this y_ Ja day of ^g^/.iZw2Z^ 20JL3_. OWNER, James R. Miller and Roberta Miller, husband and wife as joint tenants CITY OF CARLSBAD, a municipal corporation of the State of California (Sign Here) James R. Miller By (Print Name Here) yj (Sign Here) Roberta M. Miller (Print Name Here) GLEN K. VAN PESKI, City Engineer PLS 8801 Exp. 12/31/2014 APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney Q:\CED\LandDev\PROJEGTS\PR\PR 13\PR 13-44 Miller Residence - Ontiveros\ENCROAGHMENT AGMT PR 13-44.doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of S ^ b> > "^t^^"^ On U/<^/ before me, (Ler^\\rx. ^-O^ Y\av\\ €7^ , r^hxv^ P^V^Wr-. , • (Here insert name and tftle of the officer) ' personally appeared (^\'CV\ M rxv^ ^-t'h'CK , 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. 1*1 WITNESS my hand and official seal. Signature ofNotary Public (Notary Seal) CECELIA FERNANDEZ Commission # 1996355 Notary Public • California I \^/m»r/^ San Oiego County ^ ^*™^ My Comm. Expires Oct 30.201 BI 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) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califorma 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). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. 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 v 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE AOKIiOWLEIICIMlNT State of California County of } On ^||(^|^/3. before me, QilannVUiWOS . taOtArV PMbl] 6 . Date Here Insert Name %nd TWe of the Ofticer / ' T"^ ^ Name(s) ot Sign0r(s) JOHNNA RAMOs" 1; COMM.* 1893599 NOTARY PUBLIC-CAUFORNlA W SAN DIKO COUNTY MY COMM. EXP. JUtY 22. 2014 ^ who proved to me on the basis of sajipfectory evidence to be the person(s) whose name(s) ifSjg^^ubscribed to the within ipstrument and acknowledgedto me that he!?liN^4' executed the same jnji^hetmej) authorized capaci^'(ies), and that by hito'l^e^^ signa!ure(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 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 Aba\m Signature. signature ot Notary Putslto 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: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Sfgiier(s) Signer's Name • IndlvT^ja! • Corporate Officer — Title(s): • Partner-—^Limited • General • Attorney in Fa^t • Trustee O Guardian or Cons^ator • Other Signei^s Narne:. • Individue Corporate\^cer — Title(s): • Partner — O Ktplted • General ©2007 ^tetk5ral Notaiy Assoctatkw* 9350 De Soto Am, RO.Box 24{ffi»(aTatsw^ 91313-2402•www.NattonaiNotary.org !t«ni#5907 Reorcler;Ca!fTc*-Ftjee1-800-87&-6827 EXHIBIT "A" PROPERTY DESCRIPTION Lot 241 of La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7457, filed in the Office ofthe County Recorder of San Diego County on October 18, 1972. APN: 223-170-31-00 PR 13-44 3107 Levante Street EXHIBIT "B" EASEMENT A public street easement as dedicated per La Costa Vale Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7457, filed in the Office of the County Recorder of San Diego County on October 18, 1972. PR 13-44 3107 Levante Street LOCATION MAP WOT TO SCALE LEVANTE STREET AREA OF —ENCROACHMENT (DECORAVVE PAVERS) HOUSE PAW PROJECT NAME M/L LER RESIDENCE 3107 LEVANTE STREET APN 225-170-31 PROJECT NUMBER PR13-44 EXHIBIT mrm Bt SCOJT Evm PLOT 0Am9/i2/i3 PAm:mAmG4.Dm