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Home My WebLink AboutPR 04-21; Walters, William T. & Susan B.; 2004-0493942; Encroachment AgreementDOC # 2004-0493942 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Wage Dr. Carlsbad, CA. 92008 MAY 279 2004 4=53 PPI OFFICIAL KECDKDS SAN DIEM CWNTY RECORDER'S OFFICE GELORY J. SMITH? COUNTY RECOHDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-120-27-00 21 0-1 20-31 -00 PR 04-21 PROJECT NO. & NAME: Walters Residence CDP 02-56 I CB 04-0180 RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and William T. and Susan B. Walters ("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 5305 Carlsbad Blvd., within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-120-27-00 and 210-120-31-00, 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 public street and utilities 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 public street and utility 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 cond i ti on s : (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. I HYDEVELOPMENT SERVICESIMASTERSIAGREEMENTS, OTHERENCROACHMENT AGREEMENT REV. 07/15/2002 (C) The Owner must remove or relocate any part of the encroachment within ten (IO) 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 Aareement. 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 William & Susan Walters 5305 Carlsbad Blvd. 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 Assiqns. 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 HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 0711 5/2002 a. CaDacitv. 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. N WITNESS WHEREOF, this parties hereto have executed this Agreement on this dday of M kf ,20 oy . I OWNER CITY OF CARLSBAD a. By: LLOYD B. HUBBS, E. Public Works Director f-4 By: (Sign here) William T. Walters (Print name here) By: 7 (Sign here) Susan B. Walters (Print name here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: City Attzney 3 I HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 07/15/2002 STATE OF NEVADA COUNTY OF CLARK On I\\nmh \ 2004 before me, Angela Thomas, Notary Public, personally appeared William Walters and Susan Walters, personally known to me - or [ ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ties), 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. WITNESS my hand and official seal. b EXHIBIT A AUGUST 19,2003 J.N. 02-1047 LEGAL DESCRIPTION OF THE PROPERTY THAT PORTION OF LOT “E” OF RANCHO AQUA HEDIONDA, IN THE ClTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON NOVEMBER 16,1896, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 1 OF TERRAMAR UNIT NO. 1, ACCORDING TO MAP NO. 2696, FILED IN TI-E OFFICE OF THE COUNTY RECORDER SEPTEMBER 6,1950 AS FILE NO. 101319; SAID POINT ALSO BEING ON THE NORTHEASTERLY BOUNDARY OF PARCEL 1 OF ADJUSTMENT PLAT NO. 245 PER CERTIFICATE OF COMPLIANCE, FILED IN THE OFFICE OF THE COUNTY RECORDER AUGUST 7,1984 AS FILE NO. 84- 299680; SAID POINT ALSO BEING ON THE SOUTHWESTERLY RIGHT OF WAY OF CARLSBAD BOULEVARD AND THE TRUE POINT OF BEGINNING: THENCE CONTINUING ALONG SAID SOUTHWESTERLY RIGHT OF WAY SOUTH 30’38’50” EAST 160.00 FEET; THENCE LEAVING SAID SOUTHWESTERLY RIGHT OF WAY SOUTH 59”21’10” WEST 376.67 FEET TO A POINT ON THE MEAN HIGH TIDE LINE PER MAP NO. 3897 FILED IN THE OFFICE OF THE COUNTY RECORDER MAY 26,1958 AS FILE NO. 83826; THENCE CONTINUING-ALONG SAID MEAN HIGH TIDE LINE NORTH 45’56’00” WEST 165.87 FEET; THENCE LEAVING SAID MEAN HIGH TIDE LINE NORTH 59’21’10” EAST 420.40 FEET TO THE TRUE POINT OF BEGINNING. AREA = 63,766 SQ. FEET = 1.46 ACRES ', . .. EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT The westerly half of a Public Street and Utility Easement for Carlsbad Boulevard fronting Parcel 1 of Certificate of Compliance Doc No. 2003-1253653, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, October 13,2003 .. PROJECT NAME PROJECT WALTERS RESIDENCE NUMBER PRO4-2 I LO CAT IO N MAP EXHIBIT C I I I I I I I I I I I I 1 I I I I + I I I I I I I I I I I I I I NOT TO SCALE I I I I I i I I I I I I AREA OF ENCROACHMENT DECORA TlVE PAVERS \