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Home My WebLink AboutPR 4.85; Alleway, Richard & Barbara; 1997-0210533; Encroachment Agreement. . c RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 D: It 1997-021053~3 . O&MAY-1997 CC=48 PM OFFICICIL RECORDS SAN OIEGO COUNTY RECORDER'S OFFICE SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 216-352-25 PROJECT NO. & NAME: PR 4.85 ALLEWAY RESIDENCE RIGHT-OF-WAY PERMIT NO. RW 97-42 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and Richard J. Alleway & Barbara A. Alleway (“Owners”), 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 2332 Marca Place, within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 216-352-25, 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 10’ wide public utility and tree planting easement 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 a 3’ foot portion of a patio with cover to remain in a portion of the public utility and tree planting 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. (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 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97 . 1435 ’ 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 City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 Richard J. and Barbara A. Alleway 3022 Quebrada Circle Carlsbad, CA 92009 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. MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97 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 such signature(s) thereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this Q( day of Ap/i / ,I991 -. By: Richard J. Alleway CITY OF CARLSBAD By: a-J.6 w LLOYD HUBBS, P.E. City Engineer By: Barbara A. Alleway APPROVED AS TO FORM: RONALD R. BALL City Attorney MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. l/21/97 tf- +7 CALIFORNIA ALL-PlJRPObd ACKNOWLEDGMENT State of California County of San Diego On 04/01/97 before me, Barbara Matney Date Name and Title of Officer (e.g., “Jane Doe. Notary Public”) , personally appeared Richard J. Alleway and Barbara A. Alleway Name(s) of Signer(s) XIX personally known to me - OR - 0 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), SAmARAIrru~ or the entity upon behalf of which the person(s) acted, cxJnddm mm622 executed the instrument. RHC-- WITNESS my hand and official seal. OPT/O/VA L 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: Encroachment Document Date: 04/01/97 Number of Pages: 6 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Richard J. Alleway RXlndividual 0 Corporate Officer Title(s): 0 Partner - q Limited 3 General 0 Attorney-in-Fact @ Trustee 0 Guardian or Conservator a Other: Signer Is Representing: Top of thumb here Signer'sName: Barbara A. Alleway fi Individual 0 Corporate Officer Title(s): G Partner - q Limited q General 0 Attorney-in-Fact i7 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: Top of thumb here 0 1995 National Notary Association - 6236 Remmet Ave., P.O. Box 7184 * Canoga Park, CA 91309-7184 Prod No. 5907 Reorder: Call Toll-Free 1-800-676-6627 C EXHlBlf “A” 1438 LEGAL DESCRIPTION SPANlSH WLLAGE UNIT #I LOT #96 LOT #96 OF CARLSBAD TRACT NO.72-24 / IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7895, FILED IN THE OFFICR OF TtlE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13,1974. EXHIBIT “B” 1439 A 10 foot wide public utility and tree planting easement dedicated to the City of Carlsbad as shown on Unit 1 of Carlsbad Tract No. 72-24, according to map thereof No. 7895, Filed in the Office of the County Recorder of San Diego County, March 13, 1974. + ; I \ \ L \ \ 1~-.------~~~~-~-~----...-- I I --- 4 I I --I