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HomeMy WebLinkAboutPD 2026-0012; STEVENS FAMILY TRUST - STEVENS, BRIAN L. & KATHRYN M. - Trustees; 2026-0206158; Encroachment Agreement7/20/26, 7:50 AM 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 21501255 Confirmation DOC# 2026-0206158 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Jui 17, 2026 03:53 PM 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),: 255-293-14-00 -----------PERMIT NO.: EAGREE2026-0009 PROJECT PLAN ID: PD 2026-0012 -----------PROJECT NAME: Stevens Residence PROJECT ADDRESS: 3044 Camino Serbal ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and BRIAN L. STEVENS AND l<ATHRYN M. STEVENS, Trustees of the Stevens Family Trust under Declaration of Trust dated January 22, 2024 ("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 3044 Camino Serbal within the City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Number 255- 293-14-00, 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 1 Q:\CED\Admln\B&A\PROJECTSIPD 2026-0012; EAGREE2026-0009. Stevens Resldence_W.ZIENCROACHMENT AGMT • CITY EASEMENT.doc 11/25/2024 https://gs.secure-erds.com/Batch/Confirmation/21501255 5/8 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 2 Q:ICED\Admin\B&AIPROJECTS\PD 2026-0012; EAGREE2026-0009 -Stevens Residence W.ZIENCROACHMENT AGMT -CITY EASEMENT.doc 11/25/2024 - 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: Brian Stevens 3044 Camino Serbal 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. 3 Q:\CED\Admin\B&A\PROJECTS\PD 2026-0012; EAGREE2026-0009 -Stevens Residence W.Z\ENCROACHMENT AGMT -CITY EASEMENT.doc 11/25/2024 - J l.filN WITNES~HEREOF, these parties hereto have executed this Agreement on this ~ 11ay of -./ IA t 8-, 20Jia._. BRIAN L. STEVENS AND KATHRYN M . STEVENS, Trustees of the Stevens Family Trust under Declaration of Trust dated January 22, 2024 By: ~~ (Sign Here) Brian Stevens (Print Name Here) By: Kathryn Stevens (Print Name Here) APPROVED AS TO FORM: CINDIE K. MCMAHON City Attorney By: C. Dalton Sorich Assistant City Attorney Date: __ 7 _l _(_/_2_v_2 _6 __ _ 4 CITY OF CARLSBAD, a municipal corporation of the State of California Engineering Manager RCE 63912 Exp. 9/30/2026 Q:ICED\Admin\B&A\PROJECTSIPD 2026-0012; EAGREE2026-0009 -Stevens Residence_W.ZIENCROACHMENT AGMT -CITY EASEMENT.doc 11/25/2024 CALIFORNIA 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 So..V\ \),~ On :j""'l.\~ \t>, A0r.fa Da~e before me, ~~ ~v-vk u~ea~L (!, ~¼)~fY Pwb\~ L Here Insert Norrie and title of the Offlcer personally appeared _ _..B ....... ,~I a.'--V\.,_._S=--\-_,_e-=-v--'---""-e,vv~S_,_,i ......,D,....._.Y}."""'J,___,_K=(A'-'-'j\\'-'-f'--~+-'n'-'--Si_;\-'----'-e,'-'-v---=e_YkS _____ _ . Name(s} of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ¢are subscribed to the within instrument and acknowledged to me that l;ml¥ielthey executed the same in ~/he'r/their authorized capacity(ies), and that by /is/hfr/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 i .............. RAv.Mo"No·coovc·i="c1D .... COMM. #2482730 m~ w NOTARY PUBLIC •CALIFORNIA~: i ........... Commiss~o~~~i;e~OMCa~~~~9._202;~ Place Notary Seal and/or Stamp Above 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. 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: En ccou\-\ V\1),£.V\t: A-8 cte ,vt,-€,y\,, +--' Document Date: -Number of Pages: ____ _7 Signer(s) Other Than 1\1;,fl'T,C,rr,ITT,;o::;.v-;;,.e;:-: =============================================-- Capacity(i~LCJlailnad-i:~;tg:riei'{s) _____________ _ Signer's Name: ____________ Signer's Name: □ Corporate Officer -Title(s): -----=-......--~~~~p;o;;ra;,te~O~ffiii:1c~e~r=-=T,='.i::;tl~e'::.(sf-):====~-- □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ A □ Individual □ Attorney in Fact □ Trustee □ G se1vator o Trustee □ uar ia'mJr-€6Rsenm r □ Other: □ Other: ______________ _ Signer is Representing: _________ _ Signer is Representing: _________ _ ©2019 National Notary Association 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 July 16, 2026 before me, HELEN GALLAGHER, NOTARY PUBLIC (insert name and title of the officer) personally appeared _J_a_s_o_n_S_. _G_e_ld_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. (Seal) EXHIBIT "A" PD2026-0012 EAGREE2026-0009 LEGAL DESCRIPTION OF PROPERTY LOT 823 OF CARLSBAD TRACT NO. 88-03-3 ARROYO LA COST A, UNIT 3 (VILLAGES B, C, D, E, F, K, L, M, N, AND 0) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13636, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1998. APN: 255-293-14-00 EXHIBIT "B" PD2026-0012 EAGREE2026-0009 LEGAL DESCRIPTION OF EASEMENT CAMINO SERBAL GRANTED TO THE PUBLIC FOR STREET PURPOSES, PER MAP 13636 RECORDED SEPTEMBER 18, 1998 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. I { EXHIBIT "C" PD2026-0012 EAGREE2026-0009 DESCRIPTION OF ENCROACHMENT EXISTING DRIVEWAY PAVERS OF LOT 823 ENCROACHES INTO PUBLIC ROW LEGAL DESCRIPTION: LOT 823 OF CARLSBAD TRACT NO. 88-03-3 ARROYO LA COSTA, UNIT 3 (VILLAGES B, C, D, E, F, K, L, M, N, AND 0) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13636, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 18, 1998. APN: 255-293-14-00 LEGEND PROPERTY BOUNDARY CENTERLINE OF ROAD PUBLIC RIGHT-OF-WAY PROPERTY LINE BUILDING FOOTPRINT PAVERS ENCROACHMENT AREA PROJECT SITE AREA rn APPLICANT O'DAY CONSULTANTS 1959 PALOMAR OAKS WAY CARLSBAD, CA 92112 CITY OF OCEANSIDE PACIFIC OCEAN SITE CITY OF ENCINITAS VICINITY MAP ENCROACHMENT -CITY OF CARLSBAD PR~ q:.z.3/2" PROJECT NAME: 3044 CAMINO SERBAL LOT 823 fv~ -0~~ PAVER ENCROACHMENT R.CE EXP. Ca DA TE: 4/28/2026 SHEET 1 OF 2 SHEETS A.P.N.: 255-293-14-00 ! LOT 822 MAP 13636 APPLICANT 0 0 ro N ,O'DAY CONSULTANTS I ' 1959 PALOMAR OAKS WAY CARLSBAD, CA 92112 w LO -I"') ro -In I{) • l'0 lO ~,~ z EXHIBIT "C" PD2026-0012 EAGREE2026-0009 LOT 823 MAP 13636 APN 255-293-14-00 N57'24'25''W 60.45' 15.68' 4.30' DRIVEWAY PAVERS ENCROACHING INTO PUBLIC ROW N57'24'25"W ----292.61' CAMINO SERBAL DEDICATED TO THE PUBLIC PER MAP 13636 REC. SEPTEMBER 18, 1998 N57'24'25"W 87.75' LOT 824 MAP 13636 R=90.00' t=o5·44'03" L=10.58' ------ O' 20' LOT 830 MAP 13636 LOT 829 MAP 13636 SCALE: 1 "=20' - ENCROACHMENT -CITY OF CARLSBAD DATE: 4/28/2026 PR~Jl:---.. iG/Z3/~ PROJECT NAME: SHEET 2 OF 2 SHEETS 3044 CAMINO SERBAL LOT A.P.N.: 255-293-14-00 NAME~2Z3 ~~7fz~a 823 PAVER ENCROACHMENT R.C.E EXP.