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HomeMy WebLinkAboutCDP 2017-0066; Brackman Family Living Trust; 2019-0278843; Encroachment Agreement' ' . DOC# 2019-0278843 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII 11111111 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD Jul 12, 2019 10:55 AM OFFICIAL RECORDS Ernest J Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $35 00 (SB2 Atkins $0 00) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-091-17-00 -----------PROJECT ID: CDP 2017-0066 PROJECT NAME: BRACKMAN RESIDENCE 241 DATE AV RELATED PROJECT ID: EAGREE2019-0027 RELATED PROJECT ID: ROW 2019-0582 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and The Brackman Family Living Trust ("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 241 Date Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-091-17-00, 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 and public utility 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 concrete pavers to remain in a portion of the public street and public utility 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:ICED\LandDev\PROJECTSICDPICDP20171CDP2017-0066 Brackman Residence -Rick\EAGREE2019-0027\ENCROACHMENT AGMT _EAGREE2019-0027.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. (0) 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: Brackman Family Trust PO Box 2045 Vista CA 92085 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 Q:ICEDILandDev\PROJECTSICDPICDP20171CDP2017-0066 Brackman Residence -Rick\EAGREE2019-00271ENCROACHMENT AGMT _EAGREE2019-0027.doc 9/5/2014 IN V\JITNESS WHEREOF, these parties hereto have executed this Agreement on this_--'/---// __ day of c::;ne;,/Ve , 20~. OWNER iving Trust UDT 6/6/95 By: CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Enginee · g Manager g_~_/---=7"'--y;-~_/---'J,~~er-e)_7?2~~=------+---'-~~---- (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~E'4 Assistant City Attorney 3 Q:\CED\LandDev\PROJECTSICDPICDP2017\CDP2017-0066 Brackman Residence -Rick\EAGREE2019-0027\ENCROACHMENT AGMT _EAGREE2019-0027.doc 9/5/2014 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 Calitqrnia ) ) before me, M ,-~_j-4! le D,'tJ...r< J-/-1J..,Ay 1 /'v' o+a.✓ y f[/,._b~iL County of 0Cl/7 J);~ a C On <t,,/;21); cf ~ ' Date Here Insert Name and Title of the Officer personally appeared ---------~'-L_tt~s_u_.,,_, -~---·. -~---_J_d_~_r_f-________ _ 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. f $ Ml~H~~~ D~Z~E HAAo~l -• •• COMM. #2222917 ii:; i . ' . NOTARY PUBLIC-CALIFORNIA !:' I SAN DIEGO COUNTY I My Comm. Exp!~ 'loY9mblr 23, 2021 4• ••••••• oo•• USC C 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 ',;{;,;,I.A, SJ l dAJ '¾ ~. Signature of Notary Pu~ ---------------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: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee [J Guardian or Conservator [7 Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) 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 'l-..... ) County of QAtJ J..; l~Go On ~tJ:(;. \\ 1 ~D\C( before me, Date ~ \L\-~LJ~~' lo'#Wt?a-8ue-, Here Insert Name and Title of the Officer personally appeared -----------------------------------f A:Uk, 'o~ame(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~ whose name<t} is/ye subscribed to the within instrument and acknowledged to me that he/sli!e,4i:iey executed the same in his/~ authorized capacity(~). and that by his/~ir signature~ on the instrument the person~, or the entity upon behalf of which the person~ acted, executed the instrument. r···--······r·· .. ··· .. ·· .. · .. ·········· .. ······1 a ........... .:..u" .. sue·A:vvfiiGi-tf'0 ••• COMM. #2290215 NOTARY PUBLIC • CALIFORNIA c! SAN OEGO COUNTY 3 t Comnilllion Expils ,..., 26, 2023 I _ • .,.,.,.-,h·_v,_.,. ••• _.,.._._ •• v,.,.•,u.-.-.·.·.·.-.-.-.-.v.-,N.-.0.·-•,NN.-. 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. ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter al ation of the document or fraudulent reattachment of this form to an uninten document. Description of Attached Document Title or Type of Document: ------------.,C...- Number of Pages: ___ Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: -----------.c--Signer's Name: ____________ _ □ Corporate Officer -Title(s): -------'----□ Corporate Officer -Title{s): ______ _ □ Partner -□ Limited □ Genera □ Partner -□ Limited □ General □ Individual □ Attorney i act □ Individual □ Attorney in Fact □ Trustee □ Guardi or Conservator □ Trustee □ Guardian or Conservator □Other:-----~~--------□ Other: ______________ _ Signer Is Representi Signer Is Representing: _________ _ .K,gw~~~'®~W'®®-@@"4'S~~g~~~~~ ©2014 National Notary Association· www.NationalNotary.org • 1·800·US NOTARY (1·800·876·6827) Item #5907 4 Q:\CED\LandDev\PROJECTS\CDP\CDP2017\CDP2017-0066 Brackman Residence -Rick\EAGREE2019-0027\ENCROACHMENT AGMT _EAGREE2019-0027.doc 9/5/2014 EXHIBIT "A" PROPERTY DESCRIPTION Parcel 1 of Minor Subdivision 863, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 17155, filed in the Office of the County Recorder of San Diego County on June 14, 1993. APN: 206-091-17-00 EAGREE2019-0027 241 Date Avenue EXHIBIT "B" EASEMENT A public street and public utility easement as dedicated per Minor Subdivision 863, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 17155, filed in the Office of the County Recorder of San Diego County on June 14, 1993. EAGREE2019-0027 241 Date Avenue PLAT OF PROJECT AREA OF ENCROACHMENT JDECOR~ TIVE PJI VERS)_ ----f--------------- 5' EXISTING STAMPED CONCRETE DRIVEWAY I I I DRIVEWAY I I I ~ HOUSE I I I I I I I I EXISTING CONCRETE DRIVEWAY PLANTER EDGE OF PVMT. -S-CALE-1~: _20·_ -----L -------IF:--------+--------- PROJECT NAME BRACKMAN RESIDENCE 241 DA TE A VENUE CDP2017-0066 PLOTTED BY: SCOTT EVANS PLOT DATE::6/IJ/19 PATH:D: \DCvaOPM£NT PRO.ECTS\PR\AUTOCAD\EAGR££2019-0027.DWG PROJECT EXHIBIT NUMBER E-AGREE2019-0027 C