HomeMy WebLinkAboutPD 2025-0003; Straesser, Ralph A.; 2025-0076415; Encroachment AgreementRECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY
OF CARLSBAD
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC# 2025-0076415
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Mar 26, 2025 10:26 AM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $41.00 (882 Atkins: $0.00)
PAGES: 10
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO(s).: 203-101-11-00 ------------PERMIT NO.: EAGREE2025-0003
RELATED PERMIT NO.: PR2025-0002 ------------PROJECT PLAN ID: PD 2025-0003 ------------PROJECT NAME: 2730 State St. Sewer Easement
PROJECT ADDRESS: 2730 State St. ------------
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and RALPH A. STRAESSER and C.J. FIELDS,
Trustees of the Ralph A. Straesser and C.J. Fields Revocable Trust Dated August 22,
2016 ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code, in
view of the following facts:
RECITALS
A. Owner is the owner of that certain real property located at 2730 State Street within
the City of Carlsbad, San Diego County, California, also known as Assessor's Parcel
Number 203-101-11-00, and more particularly described in Exhibit "A", attached
hereto and incorporated herein by reference ("Property").
B. City currently owns an existing easement over, under, and across Owner's Property
for public street and utility purposes which easement is described in Exhibit "B"
attached hereto and incorporated by reference ("City's Easement").
C. Owner intends to or has constructed improvements, as described in Exhibit "C"
attached hereto and incorporated by reference ("Improvements") in, on, over, across,
and through the City's Easement, as depicted in Exhibit "C" attached hereto.
D. City is willing to consent to the location, construction and maintenance of the
Improvements based on the terms provided for in this Agreement.
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E. Owner agrees that this Agreement is only made to the extent of City's interest in the
Easement. Owner may be required to obtain authority from other entities having
other interests in the Property. Owner is responsible for investigating and acquiring
appropriate authorizations from other entities having an interest in the Property.
NOW, THEREFORE, the parties mutually agree as follows:
1. Permission. City hereby consents to Improvements by Owner on the City's
Easement. All rights and obligations acquired by the City with respect to the
Easement will remain and continue in full force and effect and will in no way be
affected by City's grant of permission to maintain the Improvements as depicted in
Exhibit "C".
2. Maintenance Obligation. The Improvements will be maintained by the Owner in a
safe and sanitary condition at the sole cost, risk, and responsibility of the Owner and
any successors in interest.
3. Revocation or Removal. The Owner must remove the Improvement such that it no
longer encroaches upon the City's Easement in the event the Owner redevelops the
Property, including but not limited to demolishing the existing Improvement or
applying to the City for permits for a project on the Property that is classified as
"rebuild," as that term is defined in the California Residential Code.
4. Cost to Remove or Relocate. Owner agrees that if, for any reason (including failure
to remove or relocate said Improvements by Owner pursuant to paragraph 3, above),
the Improvements must be removed, relocated or otherwise altered, including, but
not limited to, maintenance, repair and replacement of facilities and appurtenances
on the Property, Owner will reimburse the City for all costs incurred and any
damages suffered by the City. In the event the Owner fails to pay such costs to the
City upon demand, the costs shall constitute a lien upon the property. Alternatively,
the City may bring an action in a court of competent jurisdiction to recover such costs
together with reasonable administrative costs and attorneys' fees.
5. Damages. City will not be liable for any damages to the Improvements or to any
other property or person that may result from the presence, maintenance or use of
Owner's Improvements or the removal of those Improvements by the Owner or the
City. All damages will remain the sole responsibility of the Owner.
6. Default by Owner. Default of Owner includes, but is not limited to, Owner's failure to
timely comply with the terms of this Agreement, including Owner's failure to remove
Improvements or reimburse the City for any cost incurred by the City. The City
reserves to itself all remedies available to it at law or in equity for Owner's default.
The Owner's failure to perform any obligation under this Agreement constitutes
consent to the filing by the City of a notice of violation against the Property.
7. Public Nuisance. Any work performed in the City's Easement contrary to the
Improvements provided for in this Agreement and Chapter 11.16 of the Carlsbad
Municipal Code may be declared a public nuisance.
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8. Indemnification. The Owner shall agree at all times to defend (with counsel approved
by the City), indemnify and hold harmless the City and its officers, elected and
appointed officials, and from any and all claims, demands, losses, damages, or
expenses resulting from the construction, maintenance, use, repair or removal of the
Improvements 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.
9. 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. Neither this Agreement nor any of its provisions may be amended, modified,
or discharged except in a writing signed by both parties.
10. 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:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
With copy to:
City Attorney
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
If to the Owner:
Ralph A. Straesser and C.J. Fields, Trustees
Ralph A. Straesser and C.J. Fields Revocable Trust
1518 Avocado Road
Oceanside, CA 92054
which addresses may be changed from time to time by providing written notice to the
other party in the manner described above.
11. 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.
12. Successors and Assigns. This Agreement and all of the obligations contained herein
constitute covenants running with the land and will 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. This Agreement will be recorded against the property by the City Clerk.
13. Capacity. 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.
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[Signatures on following page]
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IN WITNESS WHEREOF, these parties hereto have executed this Agreement on
this /3 r£ day of #/,,f .lt~/4 , 20 .7 ,j-.
OWNERS:
By/ikd~
(Sign Here)
RALPH A. STRAESSER, Trustee
(Print Name Here)
By: ---={l'--/ §:---,'---f-(S-~-----'-P--=ere===--
1
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C.J. FIELDS, Trustee
(Print Name Here) .
'(@,\Ph A -~tSS-er cmcl C.J. f\t\c\S
\2€\J'O Cte\?\t 1Yv1151°.
APPROVED AS TO FORM:
CINDIE MCMAHON
City Attorney
By:
City Attorney
CITY OF CARLSBAD, a municipal
corporation of the State of California
JASON S. GELDERT,
Engineeri g
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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 San Diego
)
) ss.
)
On ~vth /3 , 2025, before me,UUArlt11-e. ~ t,r--[~d,QrNotary Public, personally
appeared RALPH A. STRAESSER, who proved to me on the basis f satisfactory evidence to be the
person whose name is subscribed to the within instrument and acknowledged to me that he/she executed
the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the
entity upon behalf of which the persons 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.
CHARLENE TAYLOR-ELDER
Notary Public • California
San Di~o County ~
, Commission# 2381655 ~ ,,.o•• • My Comm. Expires Nov 30, 2025
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 San Diego
)
) ss.
)
On IV\i,\rCh I~ , 2025, before me, cl;Y, Notary Public, personally
appeared C.J. FIELDS, who proved to me on the basis of satisfactor evidence to be the person whose
name is subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon
behalf of which the persons 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.
CHARLENE TAYLOR ·ELDER
Notary Public • California
San Di~o County
Commission ii 2381655
My Comm. Expires Nov 30, 2025
Witness my hand and official seal.
ACKNOWLEDGMENT
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 SAN DIEGO
On March 19, 2025 before me, AMBER DAN, NOTARY PUBLIC
(insert name and title of the officer)
personally appeared _J_a_s_o_n_S_._G_e_l_de_rt ____________________ _
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 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 PENAL TY 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 ~JK[)cu1 , (Seal)
1 ♦ e • • e e e of AMl!ER DAN
Notilry Public • Ci1lifornt1 ii
San Di~o County ~
Commission # 2 4668 3, •
y Comm. Explm Oct 17, 2027
EXHIBIT "A"
EAGREE 2025-0003
PD 2025-0003
LEGAL DESCRIPTION
PROPERTY
THE SOUTHWESTERLY ONE-HALF OF THE NORTHWESTERLY ONE-HALF OF LOT 29 OF SEASIDE LANES, IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEROF NO.
1772 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DEIGO COUNTY ON JULY 28, 1921.
APN 203-101-11-00
EXHIBIT "B11
EAGREE 2025-0003
PD 2025-0003
LEGAL DESCRIPTION
EXISTING EASEMENT
THE PUBLIC SEWER EASEMENT GRANTED TO THE CllY OF CARLSBAD, IN THE CllY OF CARLSBAD,
COUNlY OF SAN DIEGO, STATE OF CALIFORNIA, PER DOC. NO. 2025-0075737 FILED IN THE OFFICE
OF THE COUNlY RECORDER OF SAN DEIGO COUNlY ON March 25 , 2025.
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Exhibit "C"
EAGREE 2025-0003
PD 2025-0003
EXISTING IMPROVEMENTS
BEECH AVENUE
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6-IN PUBLIC SEWER
ATE STREET
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APN 203-101-11-00
EXISTING
BUILDING
EXISTING BUILDING
ENCROACHMENT
10-FT WIDE PUBLIC
SEWER EASEMENT
DOC# 2025-0075737
REC. March 25, 2025
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STATE STREET COMMONS
2742 -2752 STATE STREET
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