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HomeMy WebLinkAboutPD 15-10; Lo, Peter and Sunny; 2016-0403172; Encroachment AgreementRECORDING 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 DOC# 2016-0403172 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 09, 2016 09:40AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $42.00 PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: .....:2~2:,:-3..,::-2:,:-507-:-=-07'--...::...00.::....._ ____ _ PROJECT ID: PD 15-10 ~-=~~-------------PROJECT NAME: Lo Residence RELATEDPROJECTID: ~P~R~16~-711~------- RELATED PROJECT ID: DWG 490-1A ---------------------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Peter Lo and Sunny Lo ("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 3325 Venado Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 223-250-07, 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 utility and landscape 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 retaining wall to remain in a portion of the utility and landscape 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, maintenance, use, repair or removal of the structure installed Q:ICED\LandDev\PROJECTSIPDIPD 15\PD 15-10 The Lo Residence-Chua\PR 16-11 \ENCROACHMENT AGMT-PR 16-11.doc9/5/2014 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 ( 1 0) 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: Peter Lo and Sunny Lo 11480 N. ggth Street Scottsdale, AZ 85260 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:\CED\LandDev\PROJECTS\PD\PD 15\PD 15-10 The Lo Residence-Chua\PR 16-11\ENCROACHMENT AGMT-PR 16-11.doc9/5/2014 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on L.L day of ~ , 201k_. this OWNER By: Peter Lo (Print Name Here) By: L7~~ · n Here) Sunny Lo (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By !l~~K~ Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, City Engi RC Q:\CED\LandDev\PROJECTS\PDIPD 15\PD 15-10 The Lo Residence -Chua\PR 16-11 \ENCROACHMENT AGMT-PR 16-11 .doc9/5/2014 CERTIFICATE NOTARIAL ACKNOWLEDGEMENT State of Arizona County of M·11Lc l{J P'A- ~ On this211/IJ day of __ J_t/_'w;-+-----' 20_1--=-& __ , before me personally appeared Peter Lo , whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. 4 (j MICHAEL A GIBBS ~ .. ~R Notary Public-Arizona ~ 1'4 Maricopa County C • Iii My comm. Expires Apr 5, 2019 Notary Public cd' Ci-MU vf-t; t~_.r Print name My commission expires This certificate is attached to the following document: Description of the document:----------------------- Document title: --"-E._..!.Jn,_,(/r()~....,tt ..... ~~"'-"""'~--""a""l~f'L-"d£.111!~=-----------­ Documenttype: ------------------------------ Number of pages: __ 7__,___ __ Date: _ __....,~,__~_'2.=-2.--------.---=2'--"0__,_/___,6"'-------- Additional signers:---------------------------- State of Arizona County of ;-14rt( Co Af CERTIFICATE NOTARIAL ACKNOWLEDGEMENT On this ~ND day of _ _;;f:.....;u::__~+----' 20 I 0 , before me personally appeared Sunny Lo , whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. c~a~· Notary Public t1( L-(~ A c, (LJ~S Print name My commission expires This certificate is attached to the following document: Description of the document:---------------------- Document title: 1£ ?td-m4~ a~ Documenttype: ------------------------------------ Number of pages: -~7,__ __ Date: --.......,u.,.~~g-.........,'2.=--''2........__,1,_...Z~O..L.I .... bC--..---- Additionrusigners: ________________________________________ _ RANCHO COASTAL ENGINEERING Single Source Development Consultant Exhibit A Property Legal Description PR 16-11 Lot 478 of Carlsbad Tract 72-20 La Costa Vale Unit No.3, in the City of Carlsbad, County of San Diego, State of California, According to map thereofNo. 7950, filed in the office of the county recorder of San Diego County. Planning Civil Survey Structural Rancho Coastal Engineering and Surveying, Inc. Mailing Address: 310 S. Twin Oaks Valley Rd., #107-297, San Marcos, CA 92078 Physical Address: 310 Via Vera Cruz, #205, San Marcos, CA 92078 Phone (760) 510-3152/ Fax: (760) 510-3153/ www.rcesd.com RANCHO COASTAL ENGINEERING Single Source Development Consultant Exhibit B Utility & Landscape Easement Legal Description PR 16-11 Easterly 10.00 feet of Lot 478 of Carlsbad Tract 72-20 La Costa Vale Unit No.3, in the City of Carlsbad, County of San Diego, State of California, According to map thereofNo. 7950, filed in the office of the county recorder of San Diego County. Planning Civil Survey Structural Rancho Coastal Engineering and Surveying, Inc. Mailing Address: 310 S. Twin Oaks Valley Rd., #107-297, San Marcos, CA 92078 Physical Address: 310 Via Vera Cruz, #205, San Marcos, CA 92078 Phone (760) 510-3152/ Fax: (760) 510-3153/ www.rcesd.com OWNER INFO NAME: PETER & SUNNY LO EXHIBIT "C" ENCROACHMENT EXHIBIT PR16-11 ADDRESS: 11480 N. 99th STREET SCOTTSDALE, AZ 85260-6009 PHONE NO.: ( 480) 657-8540 LEGAL DESCRIPTION LOT 478 OF CARLSBAD TRACT 72-70 LA COSTA VALE UNIT NO. 3 IN THE CITY OF CARLSBAD, ACCORDING TO MAP THEREOF NO. 7950, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. APN: 223-25o-o7 NOTE: • VENADO ST. IS A PUBLIC ROAD & PUBLIC UTILITY EASEMENT. • FOR GRADING PLANS REFER DWG. NO. 490-1A . 20 N 10 0 SCALE IN FEET SCALE: 1" = 20' 20 --\ I 1 0' UTILITY & LANDSCAPE ESMT. 50' R.O.W. ~(E) ~URB LIMITS OF GRADING (TYP.) I I "C-4" RETAINING WALL PER SDRSD STD'S (TYP.) < 1'1 z )> 0 0 I (/) --1 :::0 1'1 1'1 --1 ~ 16' STD. DWY. OPENING PER CITY STANDARDS II 11 1 ![ \_ II I (E) F.H. I P.C.C. DRIVEWAY ® CD -ENCINITAS BLVD. @ -LEUCADIA BLVD. @ -N EL CAMINO REAL G) -OLIVENHAIN RD. @ -RANCHO SANTA FE RD. @ -LA COSTA AVE. (J) -VENADO ST. @ -ESFERA ST. EXHIBIT "D" VICINITY MAP PR 16-11 VICINITY MAP T.B. PG. 1147-J1 NOT TO SCALE N 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 :::XI/) () / fb() ) on AMU-!7( ~,joltJ before me, ~o'(Clt\U \:toflt) i)ofa{IJ PC1h/;(' 7 Date Here Insert Name and Title of the Offlcer peffion~~ appeared ~~~~~~c-~~· ~n~~~~'~c-~~~~~~·d~·e~~~· ~~~~~~~ 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Sea/ Above -----------------------------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 -Title(s): ______ _ Cl Corporate Officer -Title(s): ______ _ [J Partner -:J Limited D General D Partner -U Limited [J General D Individual I J Attorney in Fact D Individual l-1 Attorney in Fact D Trustee II Guardian or Conservator D Trustee [I Guardian or Conservator D Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association o www.NationaiNotary.org o 1-800-US NOTARY (1-800-876-6827) Item #5907