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Home My WebLink AboutPR 14-26; Justin & Michelle McGregor; 2014-0410730; Encroachment AgreementJ DOCtt 201A- llllllllllllllllllllll 0410730 llll Illlllllllllllllllll 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 SEP 23, 2014 10:24 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 33.00 PAGES: 7 SPACE ABOVE THiS UNE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: RELATED PROJECT ID: 207-052-02-00 PR 14-26 MCGREGOR RESIDENCE 3768 SKYLINE RD PR 14-26 RW 14-94 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Justin McGregor and Michelle McGregor ("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 3768 Skyline Rd within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 207-052-02-00, 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 and utility 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 stamped, 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 hannless from any and all claims, demands, losses, damages, or expenses resulting from the construction, Q:\CED\LandDe\APROJECTS\PR\PR 14\PR 14-26 McGregor residence - OntiverosVENCROACHMENT AGMT_PRl40026.doc 01/25/13 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 Aqreement. 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 Justin and Michelle McGregor City of Carlsbad 3768 Skyline Rd 1635 Faraday Avenue Carlsbad CA 92008 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 conceming the same or any other provision of the Agreement. 7. Successors and Assions. 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 Q:\CED\LandDev\PROJECTS\PR\PR 14\PR 14-26 McGregor residence - OntiverosXENCROACHMENT AGMT_PH140026.doc 01/25/13 this IN WITNESS WHEREOFi these parties hereto have executed this Agreement on rvi I Ntss WMtHbOh tnese parties hereto t 0^ day of ^JUfPlhi^ . 2Ql±_. OWNER CITY OF CARLSBAD, a municipal Justin McGregor and Micheiie McGregor corporation of the State of California By: ^Print Name Here) PLS 8801 Exp. 12^1/2014 fHexe) Micheiie McGregor (Print Name Here) APPROVED AS TO FORM: CELIA BREWER CityAttorney By: Mil RON KEMP Assistant CityAttorney Q:\CED\LandDev\PROJECTS\PR\PR 14\PR 14-26 McGregor residence - OntiverosVENCROACHMENT AGMT_PR140026.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SoH iX^^n On ^^^t»V Hj^giM before me. ^a¥\d\-i M- ^-te•^Jo\nr^ Puhit C ^ CWe Hers ln9M^tal^ and lis ytwpfcer personally appeared ^U9:>\\Y> WACGr'gQor j fAxCVvU-^ wiio proved to me on the trasis of satisfectory evidence to be ttie person(s) wtK^e name(s) iC'^S subscribed to the w^ittiin instrument and acknwwlec^ed to me that i^i^i'^^^^eectAed the same MTj^?^/@r authorized ca|raf%(ies), and that by l)|^»)dS®h' signature(s) on the instalment the pefson(s), or the entity upon behalf of which the person(s) acted, ex«ajted the instrument 1 OFRCIAL SEAL BRANDIE M. COSTA 3, NOTARY PUBLIC-CALIFORNlAg COMI^. 1^. 2043514 2 SAN DIEGO COUI^ m COMM. EXP. SEPT. 30.2017 3 Place Nolaiy Seal/Unve 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^ OPTIONAL Though the inlormation 6etow *s not required by law, it may prove vssUluaWe to persons relying on the ttotajment and could prevent fraudulent removal and reanm^vnent 0/ mis form to another document. De8crii3tion of Attached Etocument Title or Type of Document: Document Date: Number of F'ages: Signer(s) OtherThan Named Above: Capaclty(ies) Claimed by Sigrrar(s) Signer's Name: D Individual • Corporate Officer —Title(s): • Partner —O Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RiGHT THUf.^BPR Top of thumb hers Signer's Name:__ • Individual • Corporate Officer — rrtle(s): O Partner — • Limited O General • Attorn^ in F^ct • Trustee O Guardian or Conservator • Other: Signer Is Representing: Top or thun* here »2007Na»co8)N«aorte60oaSon.83»0«SotoA»B.,P.OB(K»« «8miS807 RsonlerCanbW^Be 1-80M7»«827 0:\CED\LandDe\APROJECTS\PRV'R 14\PR 14-26 McGregor residence - OntiverosXENCROACHMENT AGMT_PR140026.doc 01/25/13 EXHIBIT "A" PROPERTY DESCRIPTION Lot 30 of Carlsbad Estates, in the City of Carlsbaci, County of San Diego, State of California, according to Map thereof No. 3019, filed in the Office of the County Recorder of San Diego County on August 7,1953. APN: 207-052-02-00 PR 14-26 3768 Skyline Rd EXHIBIT "B" EASEMENT A public utility and tree planting easement as dedicated per Carlsbad Estates, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 3019, filed in the Office ofthe County Recorder of San Diego County on August?, 1953. PR 14-26 3768 Skyline Rd EXHIBIT "C" t / vo' fbcJT eHe*^<wf^ 1 PROJEa NAME MCGREGOR RESIDENCE, 3768 SKYUNE ROAD PROJECT NUMBER PR 14-26