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Home My WebLink AboutRP 02-26; Palenscar, James & Karen Myers, Mark and Lauren; 2003-0760018; Encroachment AgreementDOC # 2003-0760018 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 2739 State Street RIGHT-OF-WAY PERMIT NO.: RW 03-127 JUN 26, 2003 4:09 PM OFFICI# BWRDS SW DIEGO COUNTY RECURER'S OFFICE GREGOlW J. SIIIM, COUNTY REalRDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203 054 24 PROJECT NO. 81 NAME: PR 03-30 Carlsbad Animal Hosnital ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between theClTYOF CARLSBAD ("City") and PALENSCAR FAMILY TRUST and MARK T. AND LAUREN A. MYERS FAMILY TRUST ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The ProDertv. Owner is the owner of that certain real property located at 2739 State Street, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203 054 24, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for general utility and street access 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 various treeshhrubs and monument sign to remain in a portion of the general utility and street access 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 hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. 1 H:/DEVELOPMENT SERVICESMASTERSAGREEMENTS, OTHERENCROACHMENT AGREEMENT REV. 12/24/97 (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 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 JamedKaren Palenscar MarklLauren Myers 2739 State St 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 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. 2 H:IDNELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT RN. 12/24/97 8. Capacitv. Each party represents that the person@) executing this Agreement on iehalf of such party have the authority to execute this Agreement and by such signature(s) hereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 23 day of 7 ,2063 . OWNER(S) CITY OF CARLSBAD PALENSCAR FAMILY TRUST MARK T. and LAUREN A. MYERS FAMILY TRUST Public Works Director Print Name Print Name By: Print Name APPROVED AS TO FORM: RONALD R. BALL City Attorney 3 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97 Sate of California ) ) County of San Diego ) On 05- a2 -03 before me, ,$%U7 UR*'QS a PLcbllt: (Date) (Name, Title of Officer) personally appeared JUW~ I?- Pik US- 1 (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the personMwhose name.@&hfe subscribed to the within instrument and acknowledged to me that &&&they executed the same in@he&b&r authorized capacity@@, and that by signatureo-on the instrument the personwor entity upon behalf of which the person#cted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) hd um./ln/ Signature of Notary Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 4 HDEVELOPMENT SERVICES/MASTERS/AOREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SUI 3ie-q 0 } ss. \ On ‘al/lac! mdJ, before me, d d d&*d fld% personally appeared Date Name(s) of Signer(s) personally known to me Wroved to me on the basis of satisfactory evidence I I# I# I, to be the persoehose nam&- subscribed to 1, acknowledged to I the same in P capacityw and that by signature@ on the instrument the personw or the entity upon behalf of which the person(+ acted, executed the instrument. WITNESS my hand and official seal. I Place Notary Seal Above r 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Solo Am, P.O. Box 2402 - Chatsworlh. CA 91313-2402 - w.nationalmtary.org Prod No. 5907 Reorder: Call Toll-Fres 1-800-876-6927 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No. 5907 NAME. TITLE OF OFFICER - E.G., "JANE DOE. NOTARY-PUBLIC" DATE I personally appeared %%! <edh$f , by 9 NAME(S) OF SIGNER(S) -c BR- - proved to me on the basis of satisfactory evidence to be the person(4 whose name@$ is/- subscribed to the within instrument and ac- knowledged to me that heMteA4eyexecuted the same in his- ' authorized capacity@& and that by his- signature(* on the instrument the person(% or the entity upon behalf of which the person(@ acted, executed the instrument. y hand and official seal. wlTNEsR? 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 u INDIVIDUAL 0 CORPORATE OFFICER *m\k+ l+Mmy ? TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL - u ATTORNEY-IN-FACT NUMBER dF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIP/(IES) SIGNER(S) OTHER THAN NAMED ABOVE Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 /- CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT No 5907 personally appeared person(s) acted, executed the instrument. 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 INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) 0 LIMITED 0 AlTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 GENERAL DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTIN(IES) SIGNER(S) OTHER THAN NAMED ABOVE Q1993 NATIONAL NOTARY ASSOCIATION 8236 Remrnet Ave , P 0 Box 7184 Canoga Park, CA 91309-7184 EXHIBIT “A” LEGAL DESCRIPTION Lot 2 of Seaside Lands, Map No. 1722, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of County Recorder of San Diego County, March 22, 1921. EXHIBIT “B” EASEMENT A general utility and street access easement granted to the City of Carlsbad, as shown on Map number 1722, 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 March 22, 1921. LO CAT1 0 N PROJECT NAME CARLSBAD ANIMAL HOSPITAL 2739 STATE STREET A PN 203-054-24 MAP PROJECT EXHIBIT NUMBER PRO3-30 C AREA OF ENCROACHMENT i PALM TREES T- I i I i 9 BUlL DING PARKING LOT I i I I i i I i I i I i i I I i I i 9 I I I NOT i0 SCALE AREA OF / ENCROACHMENT PALM TREES ALLEY