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Home My WebLink AboutCDP 2022-0008; The John D Living Trust - John Dean Martin, Trustee; 2024-0201230; 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# 2024-0201230 111111111111ll11111111111111111111111111111111111111111111111111111111 Jul 31, 2024 11 :49 AM OFFICIAL RECORDS JORDAN Z MARKS. SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins. $0.00) PAGES 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: APN 155-221-05-00 PERMIT NO. : EAGREE2023-0031 PERMIT NO. : ROW 2023-0709 PROJECT ID: CDP 2022-0008 PROJECT NAME: MARTIN RESIDENCE ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Living Trust, dated January 10, 2019 as to an undivided 50% interest and John Dean Martin, Trustee of The John D Martin Living Trust, dated January 10, 2019, as to an undivided 50% interest as tenants in common ("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 Lot 5 of Buena Vista Circle within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 155-221-05-00, 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 utility 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 pavers and curb to remain in a portion of the public right- of-way on Buena Vista Circle. 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. 1 Q:\CEDILandDev\PROJECTS\CDPICDP2022\CDP2022-0008 MARTIN RESIDENCE -ELIAS\DIGITAL\FINAL SUBMITTAL\Easements and Agreements\Encroachment Agreement\ENCROACHMENT AGMT.doc 9/5/2014 (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 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: If to the Owner: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Pamela and John Martin 3301 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 2 Q:ICEO\LandDev\PROJECTSICDP\CDP2022\CDP2022-0008 MARTIN RESIDENCE. ELIAS\B & AIENCROACHMENT AGMT.doc9/5/2014 Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. this IN Wl~ESS WHEREOF, these parties hereto have executed this Agreement on \ Z day of , ICH11JO\Ylj , 20--1!:L. OWNERS: Pamela Kaye Sullivan Martin, Trustee of The Pamela Kaye Sullivan Martin Living Trust, dated January 10, 2019 as to an undivided 50% interest and John Dean Martin, Trustee of The John D Martin Living Trust, dated January 10, 2019, as to an undivided 50% interest as tenants in common CITY OF CARLSBAD, a municipal corporation of the State of California . JASON S. GEL Bv:1?a-f'Ullw ~.~,v£0f ~ Engineering (Sign Her ~ ~ ' John Dean Martin APPROVED AS TO FORM: CINDIE MCMAHON City Attorney 3 Q:ICED\LandDev\PROJECTS\CDP\CDP2022\CDP2022-0008 MARTIN RESIDENCE-ELIASIB & A\ENCROACHMENT AGMT.doc:9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 -rm -·-qq "8WM U q NM• 111 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 SJWO~J 4 On \":, ~~ ~"t before me, b~VAfr Hci,eA+Ifk-•~ Date Ill,,.••'-" I\.~ it" l',,:::::/~s~tf..m()eand~~°!.l~' ~•~• J personally appeared ---'"-~'M~'-'-""'-"~---+--"~'"'-'-"-"""-~~~~--....,--~------~--l Name(s) of Signer(s) who prOlled to me on the basis of satisfactory evidence to be the person(s) whose name(s) lsfare subscribed to the Within Instrument and acknowledged to me that helshe/they executed the same In hlslher/thelr authorized capaclty(les), and that by hlslher/thelr slgnature{s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ra··. DAREN VASS I _ COMM. 12423881 ~ !ii! • NOTARY ~ORNIA - SAN DIEGO COUNTY I I My c.cmai. &pill NMmblr 2,. 2026 $801 JI C Place Notary Seal and/or Stomp Above I certify under PENALTY OF PERJURY under the laws of the State of Callfornle that the foregoing paragraph Is true and ,eorrect Slgna OPTIONAL Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Document !-' ~~ k.~~•IL~ Title or Type of Document -----'~~~----"------'-W.--\1·'-~..,__ ___ _._ _____ _ DocumentOate: ___________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: __________ _ Signer's Name: __________ _ □ corporate Officer -Tltle(s): ______ _ a Corporate Officer -Tltle(s): ______ _ a Partner -□ Limited □ General o Partner -o Limited o General a Individual □ Attorney In Fact □ lndlVldual □ Attorney In Fact □ Trustee □ Guardian or Conservator o Trustee □ GU8rdian or Conservator □ Other: o Other: Signer Is Representing: Signer Is Representing: _____ _ 02019 National Notary Association 4 Q:\CED\landDevlPROJECTS\CDPICDP2022\CDP2022-0008 MARTIN RESIDENCE -ELIAS\B & A\ENCROACHMENT AGMT.doc9/5/2014 ACKNOWLEDGMENT 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 SAN DIEGO On July 30, 2024 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared _J_a_s_o_n_S_._G_e_l_de_rt ____________________ _ 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 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~~,l,c (Seal) EXHIBIT "A" EAGREE NO. 2023-0031 PROPERTY LEGAL DESCRIPTION: LOT 5 OF BUENA VISTA GARDENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2492. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 4. 1948. APN: 155-221-05-00 I OF 1 No. 86542 p. 03 31 /2 EXHIBIT "B" EAGREE NO. 2023-0031 BUENA VfSTA CIRCLE RIGHT-OF-WAY LEGAL DESCRIPTfON A FORTY-FOOT WIDE RIGHT-OF-WAY FOR BEUNA VISTA CRICLE GRANTED TO TIIE CLTY OF CALRSBAD PER CITY CONCH, RESOLUTION NUMBER 45, RECORDED MAY 5, 1953 PER DOCUMENT 62929, IN BOOK 4848, PG 227 FILED IN THE OFFICE OF TIIE COUNTY RECORDER OF SAN DLEGO COUNTY. I OF 1 EXHIBIT "C" SHEET 1 OF 2 < ~ ~ z:> PROJECT SITE ~ ~ BUENA VISTA CIRCLE VICINITY MAP OWNER I APPLICANT PAMELA KAYE SULLIVAN & JOHN MARTIN VACANT LOT ON BUENA VISTA CIRCLE, CARLSBAD. CA 92008 PH: (760) 402-9874 LEGAL DESCRIPTION N.TS. SITE ADDRESS VACANT LOT ON BUENA VISTA CIRCLE, CARLSBAD, CA 92008 APN: 155-221-05 LOT 5 OF BUENA VISTA GARDENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 2492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. AUGUST 4, 1948. APN: 155-221-05-00 EXHIBIT "C" / / / / / / LOT6 /',, -' -' " 3" PCC MOUNTABLE SHEET20F2 < ' , CURBENCROACHING ~NTO PUBLIC ROW LOTS , , ' MAP 2492 ' '-.. ------------------ '-.. PEWTER WI LIGHT SAND ........_ ~ , ...._ ~ FINISH PCC PA VERS ,_ LOT4 ------------ ' , ENCROACHING INTO ------ 'PUBLICROW ------ ' ' ~ ' 40-FT PUBLIC STREET OED/CA TED PER DOC 62929, PG 227 ------------------ ' PLAN VIEW-PRIVATE ENCROACHMENT SCALE: 1" = 60' 0 50' 100' 150' ~-k-__ .---~ GRAPHIC SCALE: 1" = 50'