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HomeMy WebLinkAbout; Jennifer Guze Campbell Family Trust; 2018-0034850; 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# 2018-0034850 111111111111 IIIII IIIII IIII IIIIII 11111 lllll lllll lllll lllll lllll llll llll Jan 29, 2018 11 :39 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr , SAN DIEGO COUNTY RECORDER FEES $113.00 (S82 Atkins $75 00) PAGES 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 208-190-12-00 -----------PROJECT ID: CBR2017-0477 PROJECT NAME: CAMPBELL RESIDENTIAL POOL RELATED PROJECT ID: EAGREE2017-0005 RELATED PROJECT ID: R0W2017-0186 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Jennifer Guze Campbell, Successor Trustee of the Robert Grant Campbell Revocable Trust, dated May 16, 2002 as to an undivided 50% and Jennifer Guze Campbell, Trustee of the Jennifer Guze Campbell Family Trust, dated July 6, 2015 as to an undivided 50% 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 2595 Glasgow Dr within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 208-190-12-00, 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 Sewer and Access 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 a fence to remain in a portion of the 20' wide sewer 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. C:\Userslvnels\Desktop\EAGREE2017-0005\EAGREE2017-0005-ENCROACHMENT FOR FENCE FOR POOL.doc 9/5/2014 1 (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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Jennifer Guze Campbell, Successor Trustee of the Robert Grant Campbell Revocable Trust, dated May 16, 2002 as to an undivided 50% and Jennifer Guze Campbell, Trustee of the Jennifer Guze Campbell Family Trust, dated July 6, 2015 as to an undivided 50% as Tenants in Common 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 2 C:\Users\vnels\Desktop\EAGREE2017-0005\EAGREE2017-0005-ENCROACHMENT FOR FENCE FOR POOL.doc 9/5/2014 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. IN WITNESS WHER OF, tt)ese parties hereto have executed this Agreement on lo""-day of---1,,,d~~---' 20*. this Sign ere Jenn,f:«Guz!c 4f'Jttbbell ~,.. (Print ami Here) 7 trlLS-/u--- By~~{t ~ ( 1gn H e) Jui h //,tv 0JAz~ &/l1»bt(£ Thde~ (Print NamfHere) APPROVED AS TO FORM: CELIA BREWER City Attorney By: )GR.L~ RON KEMP Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California C:\Users\vnels\Oesktop\EAGREE2017-0005\EAGREE2017-0005-ENCROACHMENT FOR FENCE FOR POOL.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 California1 County of $11,v I), E 6-0 On / J IJP(J.1 L 2017 before me, ~~~=-t..l.~',LJ.~t::Lli~.Et----4~~'___!_~~ Date Here Insert Name and Title of the Offi r personally appeared __ v_E_cN/Y-"'----"~'-'1-_-cfl-=----~G ..... u=->-'u~~--~G=',4,__,_.IJt(./2_-'-.;.5,_....,d~-"c....=----- 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 sigm1ture(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument ~ ••••••••••••••••••••• 4.4, 3 •. • Candelario Resendez ~, ::; Convn. #2099862 ~ ... z. ON z ae otary Public • California ~ j · · San Diego County - l Comm. expires Feb. 12, 20 J 9 ---..... ...;:.,...;.;..,.,.,.,._...,....,,,"'"''""'?'i"'lr'V',7,' Vil!,.,, ___ .,, Place Notary Seal Above l 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 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: ____________ _ U Corporate Officer -Title(s): U Corporate Officer -Title(s): C Partner -C Limited C General CJ Partner -C Limited O General LJ Individual LJ Attorney in Fact LJ Individual U Attorney in Fact nTrustee n Guardian or Conservator 17 Trustee n Guardian or Conservator 0 Other: ______________ _ D Other: _____________ _ Signer Is Representing: Signer ls Representing: @2014 National Nota1y Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 C:\Userslvnels\Desktop\EAGREE2017-0005\EAGREE2017-0005-ENCROACHMENT FOR FENCE FOR POOL,doc 9/5/2014 EXHIBIT "A" PARCEL 1: LOT 45, AS SHOWN ON THE MAP ENTITLED "CARLSBAD TRACT NO. 13-03-2, RANCHO COSTERA ROBERTSON RANCH WEST VILLAGE PLANNING AREAS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 23A, 23B AND 23C", IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16092, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 2016. RESERVING THEREFROM, ANY AND ALL(/) OIL RIGHTS, (II) MINERAL RIGHTS, (Ill) NATURAL GAS RIGHTS, (IV) RIGHTS TO ALL OTHER HYDROCARBONS BY WHATSOEVER NAME KNOWN, (V) GEOTHERMAL HEAT RIGHTS OR GEOTHERMAL SUBSTANCES THAT MAY BE PRODUCED FROM THE PROPERTY DESCRIBED ABOVE, (VI) WATER RIGHTS AND CLAIMS OR RIGHTS TO WATER AND (VII) ALL PRODUCTS DERIVED FROM ANY OF THE FOREGOING (COLLECTIVELY, "SUBSURFACE RESOURCES") LOCATED IN OR UNDER SAID LAND, TO THE EXTENT SUCH SUBSURFACE RESOURCES HAVE NOT BEEN PREVIOUSLY RESERVED, AND THE PERPETUAL RIGHT TO DRILL, MINE, EXPLORE AND OPERATE FOR AND PRODUCE, STORE AND REMOVE ANY OF THE SUBSURFACE RESOURCES ON OR FROM THE PROPERTY, INCLUDING THE RIGHT TO WHIPSTOCK OR DIRECTIONALLY DRILL AND MINE, FROM LANDS OTHER THAN THE PROPERTY, WELLS, TUNNELS AND SHAFTS INTO, THROUGH OR ACROSS THE SUBSURFACE OF THE PROPERTY, AND TO BOTTOM SUCH WHIPSTOCKED OR DIRECTIONALLY DRILLED WELLS, TUNNELS AND SHAFTS WITHIN OR BEYOND THE EXTERIOR LIMITS OF THE PROPERTY, AND TO REDRILL, RETUNNEL, EQUIP, MAINTAIN, REPAIR, DEEPEN AND OPERATE ANY SUCH WELLS OR MINES, BUT WITHOUT THE RIGHT TO DRILL, MINE, EXPLORE, OPERATE, PRODUCE, STORE OR REMOVE ANY Or THE SUBSURFACE RESOURCES THROUGH OR IN THE SURFACE OF THE PROPERTY OR THE UPPER FIVE HUNDRED (500) FEET OF THE SUBSURFACE OF THE PROPERTY. RESERVING THEREFROM, ALL EASEMENTS DESCRIBED IN THE DECLARATION (DESCRIBED BELOW), THE MAP AND ALL OTHER EASEMENTS OF RECORD AS OF THE DATE HEREOF. FURTHER RESERVING THEREFROM FOR THE BENEFIT OF THE ASSOCIATION (DEFINED BELOW), A NON- EXCLUSIVE EASEMENT IN, TO, OVER, UNDER AND ACROSS THAT PORTION OF THE ABOVE REFERENCED LOT DESIGNATED IN THE DECLARATION AS AN ASSOCIATION MAINTENANCE AREA, IF ANY, FOR THE PURPOSE OF MAINTENANCE AND REPAIR, TOGETHER SUCH RIGHTS OF ACCESS NECESSARY TO PERFORM SUCH MAINTENANCE AND REPAIR, AS MORE FULLY PROVIDED IN THE DECLARATION. FURTHER RESERVING THEREFROM THE EASEMENTS AND OTHER RIGHTS RESERVED IN THE DECLARATION IN FAVOR OF GRANTOR FOR MARKETING AND DEVELOPMENT, INCLUDING WITHOUT LIMITATION THE RIGHT OF GRANTOR TO MAINTAIN MARKETING UNITS IN THE LOTS OWNED BY GRANTOR, AS WELL AS THE RIGHT OF ACCESS, INGRESS AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MARKETING UNITS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER MARKETING MATERIALS WITHIN THE PROPERTY CONVEYED HEREBY; PARCEL 2: A NON-EXCLUSIVE EASEMENT, IN COMMON WITH OTHER OWNERS, FOR ACCESS, INGRESS AND EGRESS USE AND ENJOYMENT, OVER, THROUGH AND ACROSS THE ASSOCIATION PROPERTY DESCRIBED IN THE DECLARATION, WHICH EASEMENT IS APPURTENANT TO THE RESIDENTIAL LOT DESCRIBED IN PARCEL 1 ABOVE, SUBJECT TO: A. EACH EASEMENT AND ALL OTHER RESERVATIONS SET FORTH IN THE DECLARATION; B. THE EASEMENT AND OTHER RIGHTS RESERVED IN THE DECLARATION IN FAVOR OF GRANTOR FOR MARKETING AND DEVELOPMENT, INCLUDING, WITHOUT LIMITATION, GRANTOR'S RIGHT TO MAINTAIN MARKETING LOTS OWNED BY GRANTOR, AS WELL AS THE RIGHT OF ACCESS, INGRESS, AND EGRESS FOR VISITORS TO THE SALES OFFICE AND MARKETING LOTS AND THE RIGHT TO MAINTAIN SIGNS OR OTHER MARKETING MATERIALS; C. GRANTOR'S EASEMENT FOR INGRESS AND EGRESS, IN, ON, OVER, THROUGH AND ACROSS THE ASSOCIATION PROPERTY TO PERMIT GRANTOR TO INSTALL IMPROVEMENTS THEREON. D. GRANTOR'S RIGHT TO PREVENT ACCESS OVER PORTIONS OF ASSOCIATION PROPERTY BY PLACING A CONSTRUCTION FENCE OR OTHER BARRIER THEREON PRIOR TO COMPLETION OF CONSTRUCTION OF ALL IMPROVEMENTS WITHIN THE COMMUNITY, PROVIDED THAT GRANTEE HAS AT LEAST ONE ROUTE OF ACCESS BETWEEN THE RESIDENTIAL LOT AND A PUBLIC STREET. THE REAL PROPERTY CONVEYED IN THIS GRANT DEED ("PROPERTY") IS CONVEYED TOGETHER WITH A MEMBERSHIP IN THE ROBERTSON RANCH WEST VILLAGE OWNERS ASSOCIATION ("ASSOCIATION") AND ACCEPTED SUBJECT TO THE FOLLOWING DOCUMENTS ALL OF WHICH ARE INCORPORATED HEREIN BY REFERENCE TO THIS GRANT DEED WITH THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN: 1. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND ESTABLISHMENT OF EASEMENTS OF ROBERTSON RANCH WEST VILLAGE RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON July 7, 2016 AS INSTRUMENT NO. 2016- 0339637, 2. DECLARATION OF SOLAR ENERGY COVENANTS AND RESTRICTIONS FOR ROBERTSON RANCH WEST VILLAGE RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON July 7, 2016 AS INSTRUMENT NO. 2016-338861, AND ANY AMENDMENTS AND SUPPLEMENTS THERETO (COLLECTIVELY, THE "SOLAR DECLARATION"); 3. TITLE 7 MASTER DECLARATION RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA ON July 7, 2016 AS INSTRUMENT NO. 2016-339005, AND ANY AMENDMENTS AND SUPPLEMENTS THERETO (COLLECTIVELY, THE" TITLE 7 DECLARATION"); AND 4. INDIVIDUAL DISPUTE RESOLUTION AGREEMENT RECORDED IN THE OFFICIAL RECORDS OF THE COUNTY RECORDER OF SAN DIEGO COUNTY CONCURRENTLY HEREWITH. AS MORE PARTICULARLY DESCRIBED IN THE DECLARATION, THE PROPERTY IS CONVEYED SUBJECT TO SUCH EASEMENTS IN FAVOR OF THE ASSOCIATION AS ARE NECESSARY TO PERFORM THE DUTIES AND OBLIGATIONS OF THE ASSOCIATION AND CERTAIN EASEMENTS RESERVED BY GRANTOR. GRANTEE, IN ACCEPTING THIS GRANT DEED AND THE CONVEYANCE HEREUNDER, DOES HEREBY AGREE, JOINTLY AND SEVERALLY, FOR THE BENEFIT OF THE ASSOCIATION AND EACH AND EVERY ONE OF THE OTHER MEMBERS OF THE ASSOCIATION, THAT GRANTEE WILL PROMPTLY, FULLY AND FAITHFULLY COMPLY WITH AND CONFORM TO THE DECLARATION, ARTICLES OF INCORPORATION, BYLAWS, THE ASSOCIATION RULES, AND ARCHITECTURAL GUIDELINES REFERENCED IN THE DECLARATION. IN PARTICULAR, GRANTEE DOES HEREBY AGREE, JOINTLY AND SEVERALLY, PROMPTLY TO PAY IN FULL ANY DUES, FEES OR ASSESSMENTS LEVIED BY THE ASSOCIATION, ON EACH OF THE MEMBERSHIPS CONVEYED HEREBY. THE OBLIGATIONS OF GRANTEE HEREIN SET FORTH SHALL BE COVENANTS RUNNING WITH THE PROPERTY IT BEING UNDERSTOOD THAT SAID MEMBERSHIP IN THE ASSOCIATION AND THE OBLIGATIONS THEREOF, WILL AUTOMATICALLY PASS TO GRANTEE'S SUCCESSOR IN TITLE TO THE PROPERTY, WHETHER SUCH SUCCESSORS ACQUIRE TITLE TO THE PROPERTY BY FORECLOSURE OR OTHERWISE, AND SHALL BE BINDING UPON GRANTEE AND THEIR HEIRS, DEVISEES, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. EXHIBIT B A 20' SEWER EASEMENT GRANTED TO THE CITY OF CARLSBAD, AS SHOWN ON MAP NUMBER 16092, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON FEBRUARY 02, 2016. I ~ I I FENCE - LOCATION MAP r--------'' ,......J L'~----, PATIO HOUSE AREA OF ENCROACHMENT~ --,..._____. DRIVEWAY I I I I ~ I I 20' SEWER I I EASEMENT I I~ I 1 __ I I I I I ~~ I ,_-={o/ I I I I I I I I I I ----Fl!.---- 1..----SIDEWALK I - -I I V PROJECT NAME PROJECT NUMBER EAGREE2017-0005 CBR2017-0477 EXHIBIT CAMPBELL RESIDENTIAL POOL FENCE 2595 GLASGOW DRIVE PLOTTED BY: SCOTT EVANS PLOT DATE:4/4/17 PATH:D: \Dn£1..0P/JENT SERIIICE5\VALRAY NELSON\EAGRIT2O17-0005.DWG C 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 Co~of'.WiP D lf.c.b"D orN Q f\l&aN IL Wte/ before me, [2bxCkn ilf JON~$, NVT A/lf /Jw8UL DaiJ Here Insert Name and Title of the Officer personally appeared _____ ::1£_Ct_S_o_v __ ..S~, ~Ge-~ld~e~ff _______ _ 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 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 'Bt{A,W~ SignatufifNotary Public 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): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907