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HomeMy WebLinkAboutCDP 2017-0009; Debra Ann Schiff Family Trust; 2018-0325056; Encroachment AgreementDOC# 2018-0325056 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD Aug 08, 2018 01 :36 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $35 00 (SB2 Atkins $0 00) PAGES 8 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-023-16-00 -----------PROJECT ID: CDP 2017-0009 PROJECT NAME: SCHIFF RESIDENCE RELATED PROJECT ID: EAGREE 2018-0011 RELATED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Debra Ann Schiff, Trustee of the Debra Ann Schiff Family Trust dated September 19, 2003 ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 221 Normandy Lane within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-023-16-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for Public Street which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow pavers to remain in a portion of the public street easement. A plat showing the location of the encroachment is attached as Exhibit "C" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. (B) The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, 1 Q:\CED\LandDev\MASTERS\Agreements 2.0\Non-Secured Agreements\ENCROACHMENT AGMT.doc 9/5/2014 -. ) maintenance, use, repair or removal of the structure 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. (C) The Owner must remove or relocate any part of the encroachment within ten ( 10) 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 and the reasonable cost thereof shall constitute a lien upon the property. (D) Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to construct and maintain the encroachment structure. 4. 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. 5. 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: Debra Ann Schiff 6876 Batiquitos Drive Carlsbad, CA 92011 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. 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. 7. Successors and Assigns. This Agreement shall 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. 8. 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. 2 O•ICED\LandDev\MASTERS\Agreements 2.0\Non-Secured Agreements\ENCROACHMENT AGMT.doc 9/5/2014 this IN ~TNESS WHEREOF, these parties hereto have executed this Agreement on (11 day of ~ , 20JL. OWNER, Debra Ann Schiff, Trustee of the Debra Ann Schiff Family Trust dated September 19, 2003 By~~ (SignHer Debra Ann Schiff (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP=- Assistant City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California 3 Q:\CED\LandDev\MASTERS\Agreements 2.0\Non-Secured Agreements\ENCROACHMENT AGMT.doc 9/5/2014 EXHIBIT "A" LEGAL DESCRIPTION EAGREE 2018-0011 ALL OF LOT THIRTY TWO (32) AND LOT THIRTY ONE (31) IN GRANVILLE PARK, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1782 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, FEBRUARY 21,1924. EXCEPTING FROM SAID LOT 32 THE MOST WESTERLY 25 FEET THEREOF, AS CONVEYED IN DEED FROM ALFRED G. BLAIR AND SUSIE A. BLAIR TO ALICE M. GIBBINGS, EMMA J. GIBBINGS AND BESSIE H. GIBBINGS, BY DEED DA TED AUGUST 6, 1924 AND RECORDED IN BOOK 1005, PAGE 448 OF DEEDS, RECORDS OF SAN DIEGO COUNTY. ALSO EXCEPTING FROM LOT 31, THE NORTHEASTERLY 10 FEET . ......,. '' .· /, J 1 OF 1 EXHIBIT "B" EAGREE 2018-0011 LEGAL DESCRIPTION OF PUBLIC STREET EASEMENT A PUBLIC STREET EASEMENT PER MAP NO. 1782, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. ON FEBRUARY 21, 1924. -. /' ,,, ' +-..-· 1 OF 1 )"J' ADJ.--, CONC. \ J'J' \ \ \ '--EDGE OF PAVEMENT--, ,-PAVER DVWY \ ENCROACHMENT I I I EXHIBIT "C" EAGREE 2018-0011 I )" I' : J'J' )')' \ I \ I \ I I I I I bl c' C\I I I I I I I NORMANDY LANE (PUBLJC STREET) _J_ ,-PA VER DVWY \ ENCROACHMENT I I D/VWY ~~~~~~------..i....----------4-----,----,.--, N 54i5'57" E 64.98' I DVWY '-P/L 10 221 NORMANDY LANE A.P.N. 203-023-16 POR1ION OF LOTS 31 & 32, GRANVILLE MAP #1782 RECORDED 2/21/1924 I -4'- / 0 5 10 20 ----·-------· --1" = 10· SHEET l OF 1 DVWY P/L-_., , I ',· / i, I, 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. 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··----------- 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. WITNESS my hand and official seal. Signature--+--'-=---IL>,,__,e_()=Jt'----=---'AJ::____------,1---~-=---=----J---- Signature of ---------------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 Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): -~----- 0 Partner -D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (i-800-876-6827) Item #5907 , . • 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 ~"' V l E{)<? ) On o,q,loc.. /7,p1 B before me, ~b,"\ A. Clo':>t..r.\-so.-., ~o-\.c;\r1 ~~it. Date Here ,/(lsert "'!a~e('and Title of the Officer personally appeared ___ ])""""-_::~::___(j_"_----=--A....:.._f""\_:_-" __ )_e,.k=----'-+.!.__1"=------------ 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. 1············f DAMON A. ROBERTSON :@.... Notary Public -California z I . San Diego County ~ Commission# 2178195 My Comm. ExpiresJan 1, 2021 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. WITNESS my hand and official seal. Signature 22~~ Signature of Notary Public ---------------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: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Trtle(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner - D Limited D General D Partner - D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D 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 4 Q:\CED\LandDevlMASTERSIAgreements 2.0\Non-Secured Agreements\ENCROACHMENT AGMT.doc 9/5/2014