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HomeMy WebLinkAboutPD 2026-0014; MIKITA, RYAN; 2026-0148943; Encroachment Agreement5/26/26, 1 :07 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 21197349 Confirmation DOC# 2026-0148943 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII 11111111 May 26, 2026 11 :48 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $41.00 (SB2 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s).: 156-231-23-00 -----------PERMIT NO.: EAGREE2026-0010 PROJECT PLAN ID: PD 2026-0014 -----------PROJECT NAME: Mikita Residence PROJECT ADDRESS: 1395 Buena Vista Way ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and RYAN MIKITA, a Single 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 1395 Buena Vista Way within the City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Number 156- 231-23-00, 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 Easement. Owner may be required to obtain authority from other entitles having other 1 Q:ICED\Admln\B&A\PROJECTS\PD 2026·0014; EAGREE2026·00010. Mikita Residence Encroachment_N.FIENCROACHMENT AGMT • CITY EASEMENT.doc 11/25/2024 https://gs.secure-erds.com/Batch/Confirmation/21197349 1/2 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 construction, maintenance, use, repair or removal of the Improvements installed hereunder, 2 Q:\CED\Admin\B&A\PROJECTS\PD 2026-0014; EAGREE2026-00010 -Mikita Residence Encroachment_N.F\ENCROACHMENT AGMT- CITY EASEMENT.doc 11/25/2024 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: Ryan Mikita 1395 Buena Vista Way 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. [signatures on next page] 3 Q:\CED\Admin\B&A\PROJECTS\PD 2026-0014; EAGREE2026-00010 -Mikita Residence Encroachment_N.FIENCROACHMENT AGMT - CITY EASEMENT.doc 11/25/2024 ,h IN WITNE S WHEREOF, these parties hereto have executed this Agreement on this ~ day of--~'-"-+----~ 20~. RYAN MIKITA, a Single Man By: 7islgn Here) Ryan Mikita (Print Name Here) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: C. Dalton Sorich ,-/il'/4 •d Assistant City Attorney 4 CITY OF CARLSBAD, a municipal corporation of the State of California Engineering Manager RCE 63912 Exp. 9/30/2026 Q:\CED\Admin\B&A\PROJECTS\PD 2026-0014; EAGREE2026-00010 -Mikita Residence Encroachment N.F\ENCROACHMENT AGMT - CITY EASEMENT.doc 11/25/2024 - 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 .J..1to):¾ J ) On f'lllr( lC\ ·t-0U before me, ~ d).$ S' , ,J:1'1~(-v..1,~ Date _ '<,:re Insert Name and Title ottk Officer personally appeared ____ ___,'{L'-----lj __ Atf..___.1"-'-/W\1tl~---'--"Lk----'-'-_____________ _ 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. DAREN VAS;7 COMM ilL423561 fn NOTARY PUBUC·CALIFORNIA :,: SAN DIEGO COUNTY fl My Comm. Expires N0vcn'DC' ?.1 ,!it.Gj __ .,. ___ ..,.,.,,,.,,,,.,_.,;cy•.;, Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Signatur ---------------------opnoNAL------------------ 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 ~ l Title or Type of Document: 'i,Sf;.N~ I(/; ,., Document Date: -~~· _1..-t_~_-i,.,1.. __ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ D Partner -D Limited □ General D Partner -D Limited D General D Individual □ Attorney in Fact □ Individual D Attorney in Fact D Trustee □ Guardian or Conservator □ Trustee D Guardian or Conservator D Other: ______________ _ D 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 May 20, 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_d_e_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. i············f • HELEN GALLAGHER : Notary Public • Caltfornl.a : i San Dltgo County ! Commission II 250730'4 My Comm. Expires Dec 19, 2021 (Seal) PD2026-0014 EAGREE 2026-0010 EXHIBIT "A" PROPERTY All that certain real property situated in the County of San Diego, State of California, described as follows: That portion of the Northeast Quarter of the Northwest Quarter of Section 6, Township 12 South, Range 4 West, San Bernardino Meridian in the City of Carlsbad, in the County of San Diego, State of California, described as follows: Commencing at the Northwest corner of said Section 6; Thence South 89° 59' East along the Northerly line of said Section a distance of 2113.73 feet to the true point of beginning; Thence continuing South 89° 59' East 75.00 feet to the Northwest corner of the first of two parcels of land conveyed to Herbert C. Anderson et ux, by deed dated October 12, 1933 recorded in Book 256 page 119 of Official Records; Thence South 0° 55' East along the Westerly line of said land 167.06 feet; Thence North 89° 59' 00" West 75.00 feet; Thence North 0° 55' 00" West 167.06 feet to the true point of beginning. Assessor's Parcel Number: 156-231-23-00 EXHIBIT "B11 EAGREE NO: 2026-0010 PLAN I.D.: PD2026-0014 EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES 10-FOOT WIDE PUBLIC STREET AND UTILITY EASEMENT, GRANTED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO DOCUMENT NO. 2.0i-\o-0\~lo9 lo9 RECORDED \'1~ ~~. MMe O.R. EXHIBIT "C" PLAN ID: PD 2026-0014 EAGREE2026-0010 DESCRIPTION OF ENCROACHMENT: AN EXISTING CMU WALL WITH SMOOTH STUCCO FINISH. SUBJECT CITY OF OCEANSIDE PROPERTY PACIFIC OCEAN VICINITY CITY OF VISTA MAP APPLICANT ENCROACHMENT -CITY OF CARLSBAD RYAN MIKITA PREPARED BY: PROJECT NAME: MIKI A RESIDENCE 1.395 BUENA VISTA WAY WILLIAM D. TUCK 4/18/26 CARLSBAD, CA. 92008 W}_~[ 9282 EXP. 9/3oJtTE DATE: 4/18/26 SHEET 1 OF 2 SHEETS A.P.N. 156-231-23-00 N q_ EXHIBIT "C" PLAN ID: PD 2026-0014 EAGREE2026-0010 R.S. 691 BUENA VISTA WAY (N89'59'00"W 75.00' DEED) -·--·--· EXISTING R/W TRUE POINT OF BEGINNING ---tt--.--~ ---.-~---------­ ',--',-----'~-( (.,J 0 A.P.N. 156-231-22 PARCEL 1 PM 15619 APPLICANT ,-.. z 0 ui U:. 0 q_ ~ ~ I ~ (J) (.,J :--J :--J 0 0 Ol Ol 0 fT1 fT1 0 -._, \;:, \;:, COt-JCRETE DRIVEW/;i Y A.P.N. 156-231-23 POR. SECTION 6 T 12 S R 4 W @ EASEMENT FOR PUBLIC ROAD RECORDED 4/28/1931 IN BOOK 1887, PAGE 227 OF DEEDS. @ 1 O' WIDE EASEMENT FOR PUBLIC STREET AND UTILITY PURPOSES, PR2026-0023. ( ) .. BEARINGS AND DISTANCES SHOWN HEREON ARE RECORD PER DEED RECORDED 12/13/2011 AS DOC. NO. 2011-0668848, O.R. ENCROACHMENT -CITY OF CARL$BAD ~ (.,J :--J 0 CJ)_ RYAN MIKITA PREPARED BY: PROJECT NAME: CBR2026-0477 1395 BUENA ~STA WAY CARLSBAD, CA. 92008 WILLIAM D. TUCK 4/18/26 NAME DATE P.L.S. 9282 EXP. 9/30126 ,-.. z 0 ui U:. 0 0 a ::E ~ Ol :--J 0 CJ)_ 0 fT1 fT1 0 ..._,, N 0 (.,J q_ A.P.N. 156-231-24 PARCEL 1 PM 18717 DA TE: 4/18/26 SHEET 2 OF 2 SHEETS A.P.N. 156-231-23-00