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HomeMy WebLinkAboutPR 14-20; Quince, Joseph S and Joyce Meyer; 2015-0324019; Encroachment AgreementDOC# 2015-0324019 IIII 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 Jun 22, 2015 04:23 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 214-422-23-00 7218 WISTERIA WAY QUINCE RESIDENCE PR 14-20 RW 14-89 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Joseph S. Quince and Joyce M. Quince ("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 7218 Wisteria Way within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 214-422-23-00 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 street access and utility 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 decorative pavers 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 harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed 1 C:\Users\klawr\Desl<top\AGMTS\ENCROACHMENT AGMT QUINCE.doc 01/25/13 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 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 Joseph and Joyce Quince City of Carlsbad 7218 Wisteria Way 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 concerning the same or any other provision of the Agreement. 7. Successors and Assigns. 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. 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. 2 C:\Users\klawr\DesktopWGMTS\ENCROACHMENTAGMTQUINCE.doc 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this ^'S'^ day of Y'VXQ^ 20 14 . OWNER JOSEPH S. QUINCE AND JOYCE CITY OF CARLSBAD, a municipal M. QUINCE, Husband and Wife as Joint corporation of the State of California Tenants n r } i \~ / ^M-y^^^^p-^fi^r^^^ ^^~^^^A:;KjON/\>te_Q.> (SL^E'tj K. VAN PCSKt, City Engineer JOYCE M. QUINCE (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney (Sign Here) |) \]_^ JOSEPH S. QUINCE (Print Name Here) -t»i:5-5801 Exp. 12/01/2014 ^ (Sign Here) ^ 3 C:\Users\klawr\Desktop\AGMTS\ENCROAGHMENTAGMTQUINCE.cloc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On OS-\S- \^ before me, 6Kr>^KpV\vf QgUAC?. AoUry (>vA6trc Date Here Insert Name and Title of (he Officer personally appeared To^tph $. (^UaCi ^tf'tcG- (y\. Ai^VtX J rr Name(s) Of Slgncr(s) < COMM. #2057414 Notary Public - CaBfornla SAN DIEGO who proved to nne on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrunnent 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), or the entity upon behalf of which the person(s) acted, executed the instrument. 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. Place Notary Seal Above Signature OPTIONAL - signature of Notary Public 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: Slgner(s) Other Than Named Above: Capacity(ies) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of tinumb liere Signer's Name: • Individual • Corporate Officer — Title{s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association• 9350 De Soto Ave., P.O.Box 2402 •Chatswortti, CA 91313-2402-wyvw.NationalNotaiy.org Item #5907 Reorder:CallTdl-FiB01-800-876.6827 C:\Users\klawr\Desktop\AGI\/lTS\ENCROACHI\/lENT AGMT QUINCE.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of. On , Date personally appeared before me. ^^mV> V^\^n, V^mAra r\;Wl) Here Insert Name and Title of the Officer Name(s) of Signer(s) who 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 capaGity(ies), 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. I FARAH NISAN Commission # 2088884 Notary Public • California i San Diego County g My Comm. Expires Nov 6.20181 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. Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . I / >/ Title or Type of Document: -feTf .fQqf.hmfrTt nCffffmr)-t Document Date: Sl l^l n Number of Pages: % Signer(s) Other Than Named Above:— Capacity(ies) Claimed by Signer(s) ler's Name: • Corpora' Signer's Name:. ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 EXHIBIT A LOT 176 OF CARLSBAD TRACT 73-39 (SPINNAKER HILL UNIT NO. 3) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8453, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 29, 1976. EXHIBIT B A GENERAL UTILITY AND ACCESS EASEMENT GRANTED TO THE CITY OF CARLSBAD, AS SHOWN ON MAP NUMBER 8453, 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 DECEMBER 29,1976. LOCATION MAP LISTERIA WY. AREA OF , ENCROACHMENT (DECORATIVE PAVERS) 33 PROJECT NAME ENCROACHMENT FOR QUINCE RESIDENCE 7218 WISTERIA WAY (APN 214-422-23-00) PROJECT NUMBER PR14-20 EXHIBIT PLOTTED BY: SCOU EVANS PLOT DATE:6/n/15 PAm:D:\PEVB.OPUENT PROJECTS\m\AUT0CAD\PR14-20.DVIG