Loading...
HomeMy WebLinkAboutCDP 2020-0027; Matthew, Arvin; 2022-0193711; 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# 2022-0193711 111111111111 lllll 11111111111111111111111111111111111 IIIII 1111111111111 May 04, 2022 12:04 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins $0.00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-11 S-14 -----------PROJECT ID: CDP 2020-0027 PROJECT NAME: Matthew Residence RELATED PROJECT ID: EA GREE 2021-0008 RELATED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Arvin Matthew and Sepideh Matthew, husband and wife as Joint Tenants ("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 5511 Los Robles Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-115-14, 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 use 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 use easement. A plat showing the location of the encroachment is attached ·as Exhibit "C" attached hereto and in corporated by reference. This Agreement is subject to the following terms and conditions: (A) (B) 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. 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 C \Users\awick\Desktop\ENCROACHMENT AGMT.doc 9/5/201 4 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: Arvin and Sepideh Matthew 5511 Los Robles Drive Carlsbad, CA 92008 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 waiv.er 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 prov1s1on . 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. C. IUserslawick\Desktop\ENCROACHMENT AGMT.doc 2 9/5/2014 this IN \l\ll.:lliESS WHEREOF, these, parties hereto have executed this Agreement on /I ~If -day of ftPtS 1 / , 20 e...2- OWNER a ~-( . e CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engine A R VJ ;l/ /&/ATrl ~,J_~~L__ ____ _ (Print Name Here) RC By: ./J -//)_ ~, j L/n~ '~Here) . 3&; deck m A:t t ~ e_v\/ (Print Name Here) APPROVED AS TO FORM: CELIA BREWER ::y Atto~~ RON KEMP Assistant City Attorney 3 C \Users\awick\Oesktop\ENCROACHMENT AGMT.ooc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT 08IIJ8ll CIVIL CODE§ 1189 A notary public or other officcrcomplct1ng this ccrt1licatc verifies only the identity of the l11dlvldu11I who slgne<I the ctocumcnt I to which this certrtirnte ,s ntt11chcd, nnd not the truthfulness, accuracy 01 v11lidlty of that document. •--------------• ------•••---•• --M St:1tc• of C;illfornin County of C,,,./,,-,;,. rc~7~\.. Ori _.f/_-//· 22. Date personnlly ,~ppern ed Arri II wl1O provod to me on tho bGsls of sutlsfilctory evidence to oo the ~rson(s) who,-e n;ime(s) ls/iHe subscribed to the within lnstrumont and ucknowledged to me that he1she/they executed the same In his/her/their ,1utho1\zed cap;iclty(les), nncl tt111t by his/her/their slgnMuro(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted. cx0cuted the Instrument. JftftO OOOeft1t ft tPO , SHERVIN KARAMPOUR -a Notary Public · California ~ i ?. Contra Costa County f Commission # 2340297 - "' •' My Comm. E~?lres Dec 14, 2024 Place Norory Seal ond/or Stomp Above I certify ur.dcr PENAL TY OF PERJURY under t1,e laws of the Stole uf California thot the foregoing parngr,;ph Is true ;ind correct. OPTIONAL Complct,ng this information can de-tor al fraudulent reattachment of this form to Description of Attached Document I f Title 01 Type of Document: MO.rt)C<.C:.I} /)1.,~ ~~vif- DocumontDnte: 'f-(/-z_z_ _ Slgncr(s) Other Than NArncd Above: Capaclty(ies) Cla!Jned 1by SIQ'!<}J(S) Signer's Nome: f,Jrl,,tl(/lJA-11/lerv o Co1pornte Officer -Titlc(s). __ o P,rtne, -□ Limited □ Geneml o lndfvldu;il □ Attorney In F;ict o Trustee □ Guardian 01 Conservato, D Otho, SI91101 Is Rep10sentlng. Nurnlx,r of Pnges. Signe, 's Name: ?~ ig ( d'f;' b fY/ Ci~~ -e IV □ Corpornte Officer -Tltlo(s): _______ _ □ P;irtrior -o Limited □ Gener;i\ □ lnd1vIdu;il □ Attorney In F;ict o T, us tee □ Guardian or Conservator D Othei: Signer Is Rcpresc-nting: ---==-= =--=-===--='---"========= ORIM MXX ------1!i.ililbOB00NiMMMJIJlri.it -JOJuikJ B 8 l OWM...., 2019 NAtlo,ml NotAry Association C \Userslaw1ck\Desktop\ENCROACHMENT AGMT.doc 4 9/5/2014 • • 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 oh $] V\ D,:e'j cJ } on /ref,\ 2\,p-02."L beforeme, C--ue\ttA f~cu,A~z. tvatzlv~ ev1Lhc Date J Here Insert Name and fate of the orhcer personally appeared _01-=~$ .... c_~ _ ____,$...__'-, __._{~"""-e;_J\~.a-v---'-_,± ______________ _ 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. ~············~ , • ~ ..... '. >+ CECELIA FERNANDEZ -f ·; Notary Public • Cilllforniil i w • : S.n Oit90 County I ~ Commission II 2 33-4 73 5 - My Comm. Expires Oct 30, 202-4 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. Signature Signature of Notary Public 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: ______________________ Numberof 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 □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2018 National Notary Association "Exhibit A" EAGREE 2021-0008 LEGAL DESCRIPTION OF REAL PROPERTY REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 201 OF TERRAMAR UNIT No. 6, IN THE CITY OF CARLSABAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 4064, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 27, 1959. APN: 210-115-14-00 1 OF 1 "Exhibit B" EAGREE 2021-0008 LEGAL DESCRIPTION OF LOS ROBLES DRIVE REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOS ROBLES DRIVE OF TERRAMAR UNIT No. 6, IN THE CITY OF CARLSABAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF No. 4064, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 27, 1959. 1 OF 1 t I Existing Right of Way -1 L Property Line Pra osed House and Garage I I L---==--~ Cannon Road SITE "Exhibit C" I Ex Rolled Curb 24' Proposed Ppvers per OWG 5Jfi.-5A in Public Rig.1 of Way I..__: ~ 5' V) ~ ~ V) C) -.......J Centerline Ex ROW and Property Boundary Line Existing Right of Way Vicinity Map nts John P. Strohminger Engineering and Surve;,ing SHEET TITLE: DATE: 1-12-21 Encroachment Plat £AGRE£ 2021 -0008 5511 Los Robles -APN 210-115-14-00 C\Users\JOhn Strohm1nger\Oropbo)(\En9ineenng •nd SuNeying\Active Jobs\SSll Los Robles Orive\Orawing FilH 5511 Los Rob~\Encroactvnfflt PialdWg, 7/12/2021 8:52:25 AM