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HomeMy WebLinkAboutPR 13-49; Salas, Matthew and Gabriella Martinez; 2013-0678361; 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 DOCtt 2013-0G783G1 llllliliilliilllililllllililliiiHi NOV 15, 2013 4:33 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 39.00 PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: RELATED PROJECT ID: 215-541-20-00 PR 13-49 SALAS RESIDENCE 2723 SOCORRO LN N/A RW 13-256 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Matthew E. Salas and Gabriela Martinez-Salas, husband and wife as community property with right of survivorship ("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 2723 Socorro Lane, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-541-20-00 and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. and 2. The Easement. City currently owns an existing easement over, under, across Owner's property for general utility and tree planting 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 13-49 Salas Residence - Ontiveros\ENCROACHMENT AGMT_PR 13-49.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 Mr. and Mrs. Matteo Salas City of Carlsbad 2723 Socorro Lane 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 13-49 Salas Residence - Ontiveros\ENCROACHMENT AGMT_PR 13-49.doc 01/25/13 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 5^ ^ day of OCid\0Cr . 20 . OWNER, Matthew E. Salas and Gabriela Martinez-Sala£, husband and wife as Com m u n W^mo pj# Vwitb^g hl^l su ryi vorsfi i p (Sign Here) (Print Name Here) By: (Sign Here) CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer PLS 8801 Exp. 12/31/2014 (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP \ Assistant City Attorney Q:\CED\LandDev\PROJECTS\PR\PR 13\PR 13-49 Salas Residence - Ontiveros\ENCROACHMENT AGMT_PR 13-49.doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of .f^gun t^i-c^n On [\/to/i3 before me, (^.e(.-t[ lii . fe^\A7:^^AA^7 , N ohli'w t^^Uir^ (Here insert name and title of tKe officer) ' personally appeared who proved to me on the basis of satisfactory evidence to be the person(«^ whose name(8^is/afc subscribed to the within instrument and acknowledged to me that he/sbe/tb@y 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 tme and correct. WITNESS my hand and official seal. Signature ofNotary Public (Notary Seal) CECELIA FERNANDEZ Commission # 1996355 Notiry Public • Gilifornii San Oisgo County My Comm; Expires Oct 30,20161 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 Califomia 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 Califomia. 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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 AOKNOWLEOGMEIIT } State of Calilornia County of. on ^[3o jjOlJ before me, ^.i^MJ R -MlS^ , iV.?^^^ ^ ^ I ^jfe Here Insert Name and Title 0* ttie OKicer personally appeared _ Name(s) of Signer(s) KIRAN B. MISRA 1 COMM. #1904245 J INOTARY PUBUC •CAUFORNIA S SAN DIEGO COUNTY "5 s. 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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 removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: /n ^"^O j I ^ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Tltle(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 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" PROPERTY DESCRIPTION Lot 40 of Carrillo Estates Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8506, filed in the Office ofthe County Recorder of San Diego County on February 28, 1977. APN: 215-541-20-00 PR 13-49 2723 Socorro Ln EXHIBIT "B" EASEMENT A public utility and tree planting easennent as dedicated per Carrillo Estates Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8506, filed in the Office of the County Recorder of San Diego County on February 28, 1977. PR 13-49 2723 Socorro Ln EXHIBIT "C PROPOSEP fl^VlUGSTOWE i n Qm\m\ m r 03Rl^JT|4ST r SOCORRO LN ' PL 130' •7^ 2723 50CORRO UM \ PROJECT NAME SALAS RESIDENCE, 2723 SOCORRO LN PROJEa NUMBER PR 13-49