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HomeMy WebLinkAboutCDP 2017-0018; Polzin Family Trust; 2017-0562458; 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# 2017-0562458 11111111111111111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Dec 04, 2017 11 :26 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $36.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-180-40-00 -----------PROJECT ID: CDP2017-0018 PROJECT NAME: POLZIN RESIDENCE RELATED PROJECT ID: EAGREE2017-0021 RELATED PROJECT ID: DWG 506-9A ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Joseph J. Polzin, Jr. and Deirdre E. Polzin, Trustees of the Polzin Family Trust ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. E. Polzin 1. The Property. Owner is the owner of that certain real property located at 4390 Adams Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-180-40-00, 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 Public Utility 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 Rip Rap to remain in a portion of the Public Street and Public Utility 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, 1 Q:\CED\LandDev\PROJECTS\CDP\CDP2017\CDP2017-0018 Polzin Residence -Chua\ENCROACHMENT AGMT.doc 9/5/2014 3&29 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 an.d 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: Joseph J. Polzin, Jr. & Deirdre E. Polzin Trustees of Polzin Family Trust 39408 Cardiff Avenue Murrieta, CA 92563 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:\CEDILandDev\PROJECTS\CDP\CDP2017\CDP2017-0018 Polzin Residence -Chua\ENCROACHMENT AGMT.doc 9/5/2014 this IN WITNESS WHEREOF, thejJ;'rties hereto have executed this Agreement on S'. "''"'-day of ,NoJg tl.A , 20-4--. OWNER, Joseph J. Polzin, Jr. and Deirdre E. Polzin, Trustees of the Polzin Family Trust By: ~fiFrs~-~ Joseph J. Polzin, Jr. (Print Name Here) By: _'1""'-~¼=:...;;;;..}~c....:·==-=~'-~-<-C--'--~=--~..fq;<.krl==-'--'--r_~_"'£--__ (Sign H~ Deirdre E. Polzin (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~---~~ Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California Q:\CEDILandDev\PROJECTS\CDP\CDP2017\CDP2017-0018 Polzin Residence -Chua\ENCROACHMENT AGMT.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 California ) Countyof (A:r-lQtea_., ) On :.i ,-r»~~"ZP\4J before me, --~-~-~_1_>~~tf;_7'f-_~~-M_Uv ____ _ Here Insert N~me and Title of the Officer I Date personally appeared Jl> stl'tf J r~ L,..'l-1.,-1 J fl-,A-t'vl O ~'\.I)~ e-f'o 1,..,-z.,,,l'I Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i8'/are subscribed to the within instrument and acknowledged to me that ~sl{e/they executed the same in hi8f¥r/their authorized capacity(ies), and that by l)IS/Mr/thelr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above I 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: € rJt,1'1~ ~Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capaclty(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 0 Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ w~~~~~~~~~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:ICED\LandDev\MASTERS\Agreements 2.0\Non-Secured Agreements\ENCROACHMENT AGMT.doc 9/5/2014 EXHI Bl T "A" EAGREE2017-0021 LEGAL DESCRIPTION OF PROPERTY SHEET 1 OF 1 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 11 IN BLOCK "C" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, MARCH 7, 1929. AS DESCRIBED IN DEED RECORDED SEPTEMBER 14, 2016 AS DOC. NO. 2016-0480819. MORE PARTICULARLY DESCRIBED AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED 9 /12/16 AS DOC. NO. 2016-0475201 O.R. A.P.N: 206-180-40-00 EXHIBIT "B" EAGREE2017-0021 LEGAL DESCRIPTION OF EASEMENT SHEET 1 OF 1 A PUBLIC STREET & PUBLIC UTILITY EASEMENT PER RECORDED DOCUMENT N0.~O/ r -0:53 2oSi./ DATED ON ,vo veme,~~--12. ""Le.? ']-TOGETHER WITH A PUBLIC STREET EASEMENT PER MAP NO. 2152, 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 MARCH 7, 1929. EXHIBIT "c" EAGREE2017-0021 SHEET 1 OF 1 & ~ V. ~ ~ i I ~ I I I I I ~-I ------~ I I ---.____ I ' -~-/ I I ' I I I ' I I I I 'r---.____ I ,' ----._____ I I l ,1 ','0 I I I I I I I / I I I ' ' I I ' I ENCROACHMENT LEGEND D[SCRIPTION PROPOSED RIGHT OF WAY I I ~' / ,I 'Y I I ' I I I SYMBOL OLD RIGHT OF WAY ---------- G) CONSTRUCT 2 x 10' NO. J BACKING i TON RIP-RAP, 2.7' THICK OVER GEOTEXTILE FILTER. PREPARED FOR: POLZIN RESIDENCE BY: SPEAR & ASSOCIATES 475 PRODUCTIONS~ SAN MARCOS CA. 92078 OWNER NAME: JOSEPH J. POLZIN, JR. & DEIDRE E. POLZIN, TRUSTEES OF THE POLZIN FAMILY TRUST. ADDRESS: 39408 CARDIFF AVE. MURRIETA, CA 92563 CONTACT: JOE POLZIN PHONE NO: (951) 757-1297 STREET DEDICATION NOTES: [!] PROPOSED 5.00' STREET DEDICATION PER REC. N 0. ~I 1 -0 G 3-2..Q,S_lj ______ _ ONl\LQ~E..b_~~-LS_T_~L~ OF OFFICIAL RECORDS. ------------ 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 ~ {JeJzp ) On NOV&Ml¼t U; Udt before me, ---=-Ri.--=:,cya~n.'-'--'-we"""'------' ___ )"4<-t7/'J6~-~M-'-"~'-'----'vAl;<...L.----LY__,_/?i_'u-=.B_'tL-~-_, Date Here Insert Name and Title of the Officer personally appeared ------=J~a----'~'-'-W _ ____,...S."-'---__._~ .......... ~.,~-.£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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. .......... -... -................. , [""~v-~~~~~·····-~--·-·R'.g[&~N#~~jS~f---- I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • NOrARv PUBLIC • CALIFORNIA SAN DIEGO COUNTY WITNESS my hand and official seal. l Commission Expires April 20. 2019 A"•"•"••.•1.• • .._ ......... • • .-1.•,•.•.•,•,•.•.• ... •.•.•.•.•.•.-. .-, • Place Notary Seal Above ---------------OPTTONAL--------------- 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 Grn1rdian or Gons-erVa:tor o TrITstee ----DGUaraian-ofGofiservafor--- D Other: ______________ _ o Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907