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HomeMy WebLinkAboutCDP 2021-0024; BLAUVELT, PAUL EDWARD; 2023-0005047; 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# 2023-000504 7 111111111111 1111111111 llll 11111111111111111111111111111111111111111111 Jan 09, 2023 08:45 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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.: -'2=-=0:....:4 __ -1:....:3...:.1----'1...:.5 _____ _ PROJECT ID: CDP2021-0024 PROJECT NAME: BLAUVELT RESIDENCE RELATED PROJECT ID: EAGREE2022-0028 RELATED PROJECT ID: -=-DW.::..:....::G--5:....:3=8...;:-5..:....Ac....-____ _ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Paul Edward Blauvelt, an unmarried man ("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 3259 Lincoln Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 204-1 31 -15, 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 utility right-of-way purposes 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 private decorative driveway pavers to remain in a portion of the public street and utility right-of-way 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 1 Q:\CED\LandDev\PROJECTS\CDP\CDP2021\CDP2021-0024 Blauvelt Residence· Horodyski, Rlck\Correspondence\PC\EAGREE2022- 0028\ENCROACHMENT AGMT EAGREE2022-0028.doc 91512014 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: Paul E. Blauvelt 3259 Lincoln Street 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 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:ICED\LandDev\PROJECTS\CDPICDP2021 ICDP2021-0024 Blauvelt Residence -Horodyski, Rick1Correspondence\PC\EAGREE2022- 0028\ENCROACHMENT AGMT EAGREE2022-0028.doc 9/5/2014 1N WITNESS WHER OF, these parties hereto have executed this Agreement on this ► ~ day of_~.::....::..::::ss..!....:1---• 20~. OWNER r Blauvelt, an By: Paul Edward Blauvelt (Print Name Here) By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: Senior Ass:: ~ttorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. LDERT, Engineeri Man ger R 12 Exp. 9/30/2024 Q:\CEDILandDev\PROJECTS\CDPICDP2021\CDP2021-0024 Blauvelt Residence -Horodyski, Rlck\Correspondence\PC\EAGREE2022- 0028\ENCROACHMENT AGMT EAGREE2022-0028.doc 91512014 CALIFORNIA, ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing thlscertlflcate verifies only the idenrnyofthe individual who signed the document to which this certificate is attached, and not the truthlulness, accuracy, or validity of that document. State of California ✓ ~o,~ County of On 1_~,.a1., } before me, ~JMr. /Jn~A..JIJU,,, 11 Here Insert Name and Title of the Officer Dote personally appeared 1JM1,-~ ~v6,"[ _. Name{s) of Slgnef(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 capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I I I certify under PENAL TY OF PERJURY under the @ DAREN VASS laws of the State of California that the foregoing ;;;; COW. G-423"1 i:; paragraph Is true and correct. ~ NOTARY ~ORNIA !: I SAN DIEGO COUNTY I WITNESS my h nd official seal. _ My eon.. Expill NMnlblf 21, 202e • Place Notary Seo/ and/or Stomp Above Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document,, a I ~''"' k~JL1M11~-n' Title or Type of Document: ~~ '~.,.,,,,~~---~'--- Document Date: Slgner(s) Other Than Named Above: Capaclty(les) Clalmed by Slgner(s) Signer's Name: □ Corporate Officer -Tltle(s): □ Partner -□ Limited □ General □ Individual o Attorney In Fact a Trustee o Guardien or Conservator a Other: Signer is Representing: t:>2019 National Notary Assocl11tion 4 Numberof Pages: r Signer's Name: □ Corporate Officer -Tltle(s): D Partner -o Limited o General o Individual □ Attorney in Fact o Trustee □ Guardian or Conservator D Other: Signer Is Representing: Q:ICED\LandDev\PROJECTSICDPICDP2021\CDP2021-0024 Blauvelt Residence· Horodyski, Rlck\Correspondence\PC\EAGREE2022· 0028\ENCROACHMENT AGMT EAGREE2022-0028.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 00000080(] 0 □ □ 1:000 08080:0 80:0 0 8:0:80:o:o:o O 0:0:1 ICI 1:1@1 C8ll:IUJI ICOIJ0~:0:0010:ocooo:e:o:11:0:0 8800 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 C County of \:r-~-4\~..--------=------1-----, On \ 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. 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. s;gnatuc~ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: -------------------------,~""""'------ Document Date: ______________________ -=~-· Signer(s) Other Than Named Above: -------------=_,.,.:::.._ _____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _________ ""7.,.,c:.. __ □ Corporate Officer -Title(s): ----:;;,,'""----- Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ G □ Partner -□ Limited □ General □ Individual ttorney in Fact □ Individual □ Attorney in Fact □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: _________ _ e:oooem a 11 1:oa 10 e:o 0:1, o:eoo:o o o o orooeio:1 weoo0Boo1 B00080 o c Jf 1J :JO e moo o o □ Dl):o 01 ©2019 National Notary Association EXHIBIT "A" PROPERTY LEGAL DESCRIPTION £AGR££ 2022-0028 LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTH ONE-HALF OF THE EAST ONE-HALF OF THE NORTH ONE-HALF OF TRACT TWO HUNDRED FIFTEEN, IN THE THUM LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1681, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9, 1915. APN 204-131-15 EXHIBIT "B" LEGAL DESCRIPTION CITY RIGHT-OF-WAY LINCOLN STREET £AGRE£ 2022-0028 LEGAL DESCRIPTION LINCOLN STREET AS SHOWN AND DEDICATED ON MAP NO. 1681, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 9 , 1915 EXHIBIT "C" ENCROACHMENT MAINTENANCE & REMOVAL AGREEMENT £AGREE 2022-0028 LEGEND DESCRIPTION PROPOSED NON-STANDARD PERVIOUS PAVER DRIVEWAY w z ::i 0 :r: (/) SYMBOL I f (E) DRIVEWAY TO BE REMOVED -~___,-/ 1 C: z 0 0 !z ~ :::v r"1 40'. ~ l ~ ,, ~-:/--=t~"-tt-~f>--~~~!,\-t~N~OACHMENT dF ON-STANDARD PER OUS PAVER D,VEWAY 0 RANCHO COASTAL ENGINEERING & SURVEYING SINGLE SOURCE DEVELOPMENT CONSULTANT 310 VIA VERA CR UZ, #205 SAN MARCOS, CA. 92078 (760) 510-3152 Ph / (760) 510-3153 Fax I B'?~. lv1\---N i.-, 10 5 0 10 SCALE IN FEET SCALE: 1" = 1 O' 20