HomeMy WebLinkAboutPD 2026-0008; Gymnich, Nicolaus A. & Schrire, Carmel L.; 2026-0086823; Encroachment Agreement3/30/26, 12:43 PM
RECORDING 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
Batch 20879479 Confirmation
DOC# 2026-0086823
111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111
Mar 30, 2026 12:13 PM
OFFICIAL RECORDS
JORDAN Z. MARKS,
SAN DIEGO COUNTY RECORDER
FEES: $44.00 (SB2 Atkins: $0.00)
PAGES: 11
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO(s).: 156-212-23-00 -----------PERMIT NO,: EAGREE2026-0006
PROJECT PLAN ID: PD 2026-0008 -----------PROJECT NAME: Von Gymnich Residence
PROJECT ADDRESS: 3210 Highland Dr
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT {"Agreement") IS entered Into between the CITY OF
CARLSBAD ("City") and Nicolaus A. von Gymnich and Carmel L. Schrlre, as Trustees of the Von
Gymnlch-Schrlre Family trust under Trust Instrument dated 6/30/2017 {"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 3210 Highland Drive within the
City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Number 156-
212-23-00, 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
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https://gs.secure-erds.com/Batch/Confirmation/20879479 1/2
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 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
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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
If to the Owner:
Nick van Gymnich and Carmel Schrire
3210 Highland Drive
Carlsbad, CA 92008
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.
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-IA IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this
1,{_j ,, day of Mtu:Tl1 , 20~.
NICOLAUS A. VON GYMNICH AND CARMEL L.
SCHRIRE, as Trustees of the Von Gymnich-
Schrire Family trust under Trust Instrument
dated 6/30/2017
By:~A.,vm~
(Sign Here)
Nicolaus A. von Gymnich
(Print Name Here)
By:
(Sign Here)
Carmel L. Schrire
(Print Name Here)
APPROVED AS TO FORM:
CINDIE K. MCMAHON
City Attorney
By:
Date:
C. Dalton Sorich
Assistant City Attorney
4
CITY OF CARLSBAD, a municipal corporation
of the State of California
ngineering Manager
RCE 63912 Exp. 9/30/2026
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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 Calif9rnian-
County of 'S:ll'I ~' eg(j
On _3_/_/t_/_ze ____ before me, C(,tford xliro.de,11 ;Vofo..ry PL.6l1c
(insert name and title of the officer)
personally appeared N ,-co I o.L\S A. 'lo II\ G \) l!Vl n ; C h ,
who proved to me on the basis of satisfactory eviderfoe 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~
S~na~re _
t············1 • CLIFFORD SCHRADER
: ... ; Notary Public • Callfornta I
l ;: San Diego County ~ Commission # 2543077 ~
, My Comm. Expires Dec 22, 2029
(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 ('"' _ h,
County of "'.:X'1Y1 k'.'.'._1 ego
on _____,_?/2-'-=16 ....... /Z/2..___ ___ before me, Cl ,{ford <.x:Jicadf/ , t/'°'ry fuD//c_
(insert name and title' of the officer)
personally appeared C» r mel l, '.x hr,' re.
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~ i3tP!.c:ff::: (Seal}
········~ CLIFFORD SCHRADER
Notary Public • California :
San Diego County s:
Commission /J 2543077 -
y Comm, Expires Dec 22, 2029
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 26, 2026 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.
~-···········l • HELEN G.ALLAGHE~ :9. Noury Public• C.llfornl• : I • Sin Dlfio County ! j Commission II 250730.+ ~
u ~ .~ !; :5:om;, Explr@S:C .J9lJO!
(Seal)
LEGAL DESCRIPTION:
EXHIBIT "A"
PROJECT ID: PD 2026-0008
PERMIT NO.: EAGREE2026-0006
Real property in the city of Carlsbad, County of San Diego, State of California, described as
follows:
PARCEL 1:
PARCEL A OF PARCEL MAP NO. 18749, IN THE CITY OF CARSLBAD COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO MAP FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, MAY 24, 2000.
PARCEL 2:
AN EASEMENT AND RIGHT OF WAY FOR ROAD AND UTILITY PUPOSES OVER, UNDER, ALONG
AND ACROSS THAT PORTION OF PARCEL B OF SAID PARCEL MAP NO. 18479, LYING WTIHIN THE
AREA DELINEATED AND DESIGNATED ON SAID PARCEL MAP AS COVENANT FOR EASEMENT
FOR PRIVATE DRAINAGE.
APN: 156-212-23-00
EXHIBIT "B"
PROJECT ID: PD 2026-0008
PERMIT NO.: EAGREE2026-0006
LEGAL DESCRIPTION OF EASEMENT:
A GENERAL UTILITY AND STREET ACCESS EASEMENT GRANTED TO THE CITY OF CARLSBAD
ACCORDING TO THE MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY.
EXHIBIT "C"
PROJECT ID: PD 2026-0008
PERMIT NO.: EAGREE2026-0006
DESCRIPTION OF ENCROACHMENT:
THIS PERMIT 15 FOR AN EXISTING .21 HIGH STONE YiALL AND STEPS THAT ARE IN
THE PUBLIC RIGHT OF YiAY.
IT ENCROACHES INTO THE RIGHT OF YiAY e1-ll11 AT THE NORTHERLY SIDE OF
THE PROPERTY AND 51-411 AT THE 5OUTHERL Y SIDE.
APPLICANT
/GOR SKORLUPIN
ISKORLUP/N@A TT.NET
PACIFIC
OCEAN
VICINITY MAP
NO SCALE
ENCROACHMENT -CITY OF CARLSBAD
PREPARED BY: PROJECT NAME:
ARLEN ROPER 28 JAN 2026 VON GYMNICH ENCROACHMENT
NAME DA TE 3210 HIGHLAND DRIVr
DATE: 13 FEB 2026
SHEET 1 OF 2 SHEETS
A.P.N.
156-212-23-00
EXHIBIT "C"
PROJECT ID: PD 2026-0008
PERMIT NO.: EAGREE2026-0006
THIS DRAWING WAS ORIG/NALLY PREPARED BY A SURVEYOR
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(E) 2' H. RET YiALL
(E) cSRAVEL-
(E) 2' H. YiALL
(E) CONC
(E) EDcSE PVMT
HIGHLAND DRIVE
------------------CL
APPLICANT
IGOR SKORLUPIN
ISKORLUP/N@A TT.NET
ENCROACHMENT -CITY OF CARLSBAD
PREPARED BY: PROJECT NAME:
ARLEN ROPER 28 JAN 2026 VON GYMNICH ENCROACHMENT
NAME DA TE 3210 HIGHLAND DRIVE
SCALE: 1" = 20'
DATE: 13 FEB 2026
SHEET 2 OF 2 SHEETS
A.P.N.
156-212-23-00