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HomeMy WebLinkAboutPD 2025-0005; Mesquita, Andre Dreilick and Mesquita, Laney Williams; 2025-0311979; 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# 2025-0311979 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Nov 05, 2025 10:03 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $41.00 (8B2 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s).: _2_0_5-_0_60_-_07_-_oo _____ _ PERMIT NO.: EAGREE2025-0006 PROJECT PLAN ID: PD 2025-0005 ----------PROJECT NAME: Mesquita Improvements PROJECT ADDRESS: 3340 Highland Drive ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and ANDRE DREILICK MESQUITA and LANEY WILLIAMS MESQUITA, husband and wife as community property ("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 3340 Highland Drive within the City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Number 205-060-07-00, 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. 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 1 Q:ICED\Admin\B&AIPROJECTSIEAGREE2025-0006 -3340 Highland Dr_C.GIENCROACHMENT AGMT -CITY EASEMENT.doc11/25/2024 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 construct and maintain the Improvements. 2. Maintenance Obligation. The Improvements will be installed and 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 or relocate any part of the Improvement within ten (10) calendar 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. 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 cost 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 installation, 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. 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. 2 Q:\CED\Admin\B&A\PROJECTS\EAGREE2025-0006 -3340 Highland Dr_C.G\ENCROACHMENT AGMT -CITY EASEMENT.doc11/25/2024 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 If to the Owner: Andre and Laney Mesquita 3340 Highland Dr. Carlsbad, CA 92009 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 obligation 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 must be recorded against the property by the City Clerk at Owner's sole expense. 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. [Signatures on following page] 3 Q:\CED\Admin\B&A\PROJECTS\EAGREE2025-0006 -3340 Highland Dr_C.G\ENCROACHMENT AGMT -CITY EASEMENT.doc11/25/2024 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 7-2'rlcJ.. day of Oc,\-£\ze,r: , 20 t-5 . ANDRE DREILICK MESQUITA and LANEY WILLIAMS MESQUITA, husband and wife as community property Andre Dreilick Mesquita (Print Name Here) Laney Williams Mesquita (Print Name Here) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: '· cp4$s_L~ City Attorney 4 CITY OF CARLSBAD, a municipal corporation of the State of California Q:\CED\Admin\B&A\PROJECTS\EAGREE2025-0006 -3340 Highland Dr_C.G\ENCROACHMENT AGMT -CITY EASEMENT.doc11/25/2024 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the idenrnyof 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 S 0, ".l Dt -«&O } On l'.3eh,ber 22, 2rf26 before me, M4~ )! eo ll~'I UrJ:\-t,{\{ RJhh Cr-- Date I ere Insert Name and Title of the Officer personally appeared Aoc,((~ bre.i cC,K._ M:e,:,'1i ui~ Name(s) o lgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California th at the foregoing paragraph Is true and correct. WITNESS my hand and official seal. OPTIONAL Completing this information can cleter ctltemtion of the clocument or frctudulent reattachment of this form to ctn unintended document. Description of Attached Document Title or Type of Document: _________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney In Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 5 Q:\CED\Admin\B&AIPROJECTSIEAGREE2025-0006 -3340 Highland Dr_C.G\ENCROACHMENT AGMT-CITY EASEMENT.doc11/25/2024 CALIFORNIA Alll.-lPURPOSIE 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 1 ~ 9' i-t-\~,;, On ..., 1-Oi-" -0~ ,7-,,,,,,~ l"'J>L:> /"lo'\<; 1:-~~ ~ ~A~ v vw before me, _,,n,;, t '->·- Date Here Insert Name a,;d iwec: the Officer ,, , personally appeared -----=Lh:1~-~--'i-+-\N_\._0-\_rl"""---"-_-'~f\~e-~_-IA-_1",~f" ___________ _ 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 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. r@·· ·--·~· a a • D;R~~ v;ss I -COMM. #2423861 ~ • NOTARY PU8LIC-CAI.IFORHIA ' I SAN DIEGO COUNTY My eomm. Explrt& ftwtmbll 21. 202e I 40 OSCO C 0000¥00 JOU CCU~ Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ---------------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 Title or Type of Document: l!rlt'\14~ ,APt1,M~ADocument Date: Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ □ Partner -D Limited D General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact D Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator D Trustee □ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ·~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 October 30, 2025 before me, HELEN GALLAGHER, 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. (Seal) EXHIBIT"A" PD2025·0005 EAGREE2025·0006 LEGAL DESCRIPTION Real property in the City of cartsbad, County of San Diego, State of canfornia, described as follows: ALL THAT PORTION OF TRACT 123 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF HIGHLAND STREET DISTANT THEREON NORTH 24°33' WEST 203.26 FEET FROM A CONCRETE MONUMENT MARKING THE INTERSECTION OF THE CENTER LINES OF SAID HIGHLAND STREET AND BASSWOOD STREET AS SHOWN ON MAP OF THUM LANDS NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915; THENCE ALONG CENTER LINE OF HIGHLAND STREET NORTH 24°33' WEST, A DISTANCE OF 65.73 FEET TO THE MOST SOtJTHERLY CORNER OF THE LAND CONVEYED TO CARL W. BENNETT ET UX, RECORDED APRIL 18, 1949 IN BOOK 3173, PAGE 320 OF OFFICIAL RECORDS; THENCE NORTH 50° 05'20" EAST ALONG THE SOUTHEASTERLY LINE OF SAID BENNITT'S LAND A DISTANCE OF 277.00 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF THE LAND CONVEYED TO ROBERT ESTERSOHN ET UX, RECORDED JUNE 3, 1949 IN BOOK 3215, PAGE 183 OF OFFICIAL RECORDS; THENCE SOUTH 34°33' EAST ALONG THE SOUTHWESTERLY LINE OF SAID ESTERSOHN'S LAND 60.79 FEET, MORE OR LESS, TO A POINT IN THE NORTHWESTERLY LINE OF THAT TRACT OF LAND AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO THOMAS J. LEWIS AND ELIZABETH LEWIS BY DEED DATED JANUARY 5, 1927 AND RECORDED IN BOOK 1270, PAGE 483 Of DEEDS; THENCE ALONG SAID NORTHWESTERLY LINE AND ITS SOUTHWESTERLY PROLONGATION SOUTH 50°05' 20" WEST 287.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. APN: 205-060-07-00 EXHIBIT "B" PD2025-000S EAGREE2025-0006 DESCRIPTION OF CITY EASEMENT A 60' wide public street and utility easement granted to the City of Carlsbad, according to map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915. PROPERTY LINE MAP 1661 APN 205-060-07 POR. TRACT 123 MAP 1661 SITE PLAN EXISTING HOUSE \ \ __ ., \ I \ \ \ \ \ \ - EXISTING ~~-~__i_, . CONCRETE DRIVEWAY TO BE REFINISHED WITH NEW6" CONCRETE ----- SCALE 1/8"=1 '-0" PROJECT INFORMATION: PROJECT NUMBER: PERMIT NUMBER: _CENTER LINE -------- HIGHLAND DRIVE ----------------- MESOUIT A RESIDENCE 3340 HOH.MD CFIVE, CAFI..SBAD CA 92009 PD2025-0005 EA<:»tEE.2025-0006 EXISTING WALL AND PILLARS EXISTING UTILITIES, WATER MAIN; ELECTRICAL POLE AREA OF ENCROACHMENT; CONCRETE PAVER EXHIBIT C