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Home My WebLink AboutPR 4.68; Pierce, Ralph & Sharon; 1994-0315331; Encroachment Agreement1355 OFFICIAL RECORDS SbN DIE60 COUNTY RECORDER’S OFFICE $REGORY “I$ COUN;;;ECORDER : 20.00 : . ,\1 AF: 11.00 IIF: 1.00 RECORDING REQUESTED BY 1 AND WHEN RECORDED WAIL TO: 1 City Clerk ) . City of Carlsbad it 1200 Carlsbad Village Drive ) 1,,1 Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC PROPERTY PR 4.68 This ENCROACHMENT AGREEMENT (llAgreement") is entered into between the CITY OF CARLSBAD ("City") and Ralph E. Pierce and Sharon L. Pierce, ("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 5310 El Arbol Drive, within the City of Carlsbad, San Diego County, California, Assessorls Parcel Number 210-160-24, and more particularly described ,in Exhibit "A" I attached hereto and incorporated herein by reference. 2. ThePublic City currently owns land used for drainage purposes (Cannon Lake) described as a 6.87 acre parcel, a portion of lot H Ranch0 Aqua Hedionda. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow existing landscaping a paved walkway and two small redwood decks. A plat showing the location of the encroachment is attached as Exhibit "B" 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) loss or damages to property and (2) injury to or death of persons. . AGREEMENTWAG-llB.FRM -1 REV 6/b/91 . . , (Cl (D) (El 4. agreement - h 1356 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. The City's rights with respect to the ownership of the property 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. This enroachment permit does not authorize nore approve any fill into Cannon Lake. Any filling of Cannon Lake is strictly prohibited. Entire This Agreement constitutes the entire between the par&es 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 of Carlsbad M 1 2075 Las Palmas Drive 53i0 El Arbol Drive Carlsbad, CA 92009-4859 Carlsbad, California 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 Assians. 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. AGREEHENTS/AG-llB.FRM REV 6/4/91 5 - - . . 1357 . - 8. Canacitv. 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. IN WITNESS WHEREOF, this parties h ve executed this Agreement on this fpt day of I 19yq. ATTEST BY: "OWNER" RALPH E. PIERCE AND SHARON L. PIERCE APPROVED AS TO FORM: Q-A-+uvk RALPH E. PIERCE faLcp Q k /A!@&%/ . PA L RONALD R. BALL SHARON L. PIERCE City Attorney AGREEMENTWAG-llB.FRH REV 6/4/91 6 STATE OF CALIFORNIA COUNTY OF ss. , known to me to be the person 5 whose names subscribed to the within instrument and acknowledged .&-&r that MP/U executed the same. F -- //JGr/r@J L. /TA<FJl Name (Typed or Printed) (This area lor olliclal notarial seal) -. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1358 No. 5907 personally appeared , F personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person@J whose name($) is/w subscribed to the within instrument and ac- knowledged to me that be/she/they executed the same in 4Gs/her/#+& authorized capacity(w, and that by kidher/Ghe4r signaturem on the instrument the person@& or the entity upon behalf of which the personw acted, executed the instrument. OFFICIAL SEAL RANDEE HARLIB SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) q GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE Q1993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 Exhibit wrA1v PR 4.68 5310 El Arbol 1359 Lot 227 of Terramar Unit No. 7, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6347, filed in the Office of the County Recorder of San Diego County, April 29, 1969. 7 1360 -_ /’ . PLAT OF .PROJECT 60. OS cl Aabol D&Z. 1 PROJECT NAME ABOVE GROUND ENCROACHMENT PROJECT FOR 5310 EL ARBOL DR. NUMBER PR 4.68 I EXHIBIT B