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Home My WebLink AboutCDP 2024-0033; Yamanaka, Mark Ko; 2026-0106842; Encroachment Agreement4/16/26, 2:54 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 20982700 Confirmation DOC# 2026-0106842 111111111111 lllll 1111111111111111111111111 lllll lllll 111111111111111111 Ap·r 16, 2026 01 :59 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s).: 210-113-09-00 -----------PERMIT NO.: EAGREE2025-0028 PROJECT PLAN ID: CDP 2024-0033 -----------PROJECT NAME: Yamanaka Residence PROJECT ADDRESS: 5410 El Arbol Dr ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Mark Ko Yamanaka, an unmarried man ("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 5410 El Arbo( Drive within the City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Number 210- 113-09-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). B. City has a property Interest in, on, over, across, and through El Arbol Drive a 60' wide right- of-way ("Right-of-Way"). 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 Right-of-Way, 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 Right- of-Way. Owner may be required to obtain authority from other entities having other interests in the Property. Owner is responsible for investigating and acquiring appropriate 1 Q:\CED\Admln\B&A\PROJECTS\CDP 2024-0033; IMP2025-0021; GR2025-0016 • Yamanaka Resldence_J,S\ENCROACHMENnENCROACHMENT AGMT • CITY OWNED PROPERTY.doc 11/26/2024 httos://qs.secure-erds.com/Batch/Confirmation/20982700 3/4 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 across the Right-of-Way. All rights and obligations acquired by the City with respect to the Right-of-Way 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 Right-of-Way 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) 2 Q:\CED\Admin\B&AIPROJECTSICDP 2024-0033; IMP2025-0021; GR2025-0016 • Yamanaka Residence_J.S\ENCROACHMENT\ENCROACHMENT AGMT • CITY OWNED PROPERTY.doc 11/25/2024 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: Mark Yamanaka 5410 El Arbol Dr. 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. 3 Q:\CED\Admin\B&A\PROJECTS\CDP 2024-0033; IMP2025-0021; GR2025-0016 -Yamanaka Residence_J.S\ENCROACHMENT\ENCROACHMENT AGMT -CITY OWNED PROPERTY.doc 11/25/2024 1 Ith IN WITNESS \MI-JFREOF. these pat1ies hereto have executed this Agreement on this ~ day of vtarivt -, . 2o_r.J..,_, MARK KOYAMA CITY OF CARLSBAD, a municipal corporation By \ ~ Mark Yamana I< {Print Name Here) APPROVED AS TO FORM : CINDIE K. MCMAHON City Attorney By: Date: C. Dalton Sorich Assistant City Attorney ,__:;;th~ JASgJ)fS. GELDERT, Engineering Manager RCE 63912 Exp. 9/30/2026 4 Q:\CED\Admin\B&AIPROJECTS\CDP 2024-0033; IMP2025-0021; GR2025-0016 -Yamanaka Residence_J.SIENCROACHMENT\ENCROACHMENT AGMT -CITY OWNED PROPERTY.doc 11/25/2024 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 _ __.?i ............. l_~ ........... /_d-_o_c}-_~ __ before me, _W_D_a_rl_in_g_, _N_ot_a_ry_P_u_b_lic ______ _ (insert name\ and title of the officer) personally appeared V\J\ eJ._ \C.. Y C.. 1M °'-\I\ °'. ~ ~ who proved to me on the basis of satisfactoryevidence 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 __ d)_· rr=J ___ c__ ___ :) __ _ (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 4/15/2025 before me, HELEN GALLAGHER, NOTARY PUBLIC (insert name and title of the officer) personally appeared _J_a_s_o_n_S_._G_e_l_d_ert ____________________ _ 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 •~" PLAN ID: CDP2024-0033 EAGREE2025-0028 LEGAL DESCRIPTION OF LOT LOT 155, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN MAP ENTITLED TERRAMAR UNIT NO. 5, WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 3371, FILED ON FEBRUARY 10, 1956. EXHIBIT "B" PLAN ID: CDP2024-0033 EAGREE2025-0028 LEGAL DESCRIPTION OF PUBLIC EASEMENT EL ARBOL DRIVE A PUBLIC STREET GRANTED TO THE CllY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON THAT CERTAIN MAP ENllllED TERRAMAR UNIT NO. 5, WHICH MAP WAS FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 3371, FILED ON FEBRUARY 10, 1956. EXHIBIT "C" PLAN ID: CDP2024-0033 EAGREE2025-0028 DESCRIPTION OF ENCROACHMENT PROPOSED CONCRETE STEP PADS & CURB OUTLET LEGEND CONCRETE STEP PADS CURB OUTLET . CITY OF OCEANSIDE VICINITY MAP APPLICANT MR. MARK YAMANAKA 5410 EL ARBOL DR CARLSBAD, CA 92008 ENCROACHMENT -CITY OF CARLSBAD PREPARED BY: PROJECT NAME: MARCO A. LIMON i0/15/25 YAMANAKA RESIDENCE NAME DATE R.C.E 56710 E~ 6 30 '27 DAlE: 10/15/25 SHEET 1 Of 2 SHEETS A.P.N. 210-113-09-00 EXHIBIT "C" PLAN ID: CDP2024-0033 EAGREE2025-0028 WALKWAY L -------PL.----1--t,- 4 ..,.. 1 -+--- APPLICANT MR. MARK YAMANAKA 5410 EL ARB0L DR CARLSBAD, CA 92008 4' ROLLED CURB EL ARBOL DR AREA OF ENCROACHMENT (STEPPING STONES) AREA OF ENCROACHMENT ( CURB OUTLET) ----CL-- SCALE: 1" = 10' 10 5 0 ENCROACHMENT -CITY OF CARLSBAD PREPARED BY: PROJECT NAME: MARCO A. LIMON 10/15/25 YAMANAKA RESIDENCE NAM£ DAT£ R.C.c 56710 EXP. 6 JO '27 10 4' 30' DA1£: 10/15/25 SHEET 2 OF 2 SHEETS A.P.N. 210-113-09-00