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HomeMy WebLinkAboutMS 2018-0008; Viola, Theodore D.; 2020-0169869; Encroachment Agreement3P RECORDING 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# 2020-0169869 11111111111111111111111111111111111111111111111111111111111111 IIII IIII Apr 02, 2020 01 :38 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $O 00 (S82 Atkins $0 00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-172-08 -----------PROJECT ID: DEV2017-0112 PROJECT NAME: VIOLA RESIDENCE HOOVER STREET RELATED PROJECT ID: EAGREE2019-0066 RELATED PROJECT ID: MS2018-0008 ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Theodore D. Viola, Trustee, the AGMISH TOFF Trust, dated June 23, 1995 ("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 1095 Hoover Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-172-08, 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 a tree (Phoenix Reniculas) to remain in a portion of the public street and 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. (8) The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, 1 Q:\CED\LandDevlPROJECTSIDEV\DEV2017\DEV2017-0112 Viola Residence Hoover Street -Rick\EAGREE2019-0066 Viola -tree in ROW\ENCROACHMENT AGMT EAGREE2019-0066.doc 9/5/2014 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: Ted Viola 4858 Park Drive, Suite 110 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 2 Q:ICEDILandDev\PROJECTSIDEV\DEV2017\DEV2017-0112 Viola Residence Hoover Street -Rick\EAGREE2019-0066 Viola -tree in ROWIENCROACHMENT AGMT EAGREE2019-0066.doc 9/5/2014 such signature(s) thereby bind such party. Jt-,1 WJTNESS WHEREOF, these parties hereto have executed this Agreement on · t-t ~ day of /L11 ¢!< , 20.2f!.._. this OWNER Theodore D. Viola, Trustee, The Agmish ~f Trust, Dated June 23, 1995 By: ~nZ ~ V ~ (Sign Here) Theodore D. Viola, Trustee (Print Name Here) By: ----------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: )(lPJ\ ~' RON KEMP~ Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California Q:ICEDILandDev\PROJECTSIDEV\DEV2017\DEV2017-0112 Viola Residence Hoover Street -Rick\EAGREE2019-0066 Viola -tree in ROWIENCROACHMENT AGMT EAGREE2019-0066.doc 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 of .5:,,.11\ Jj,~0~ } On 3/?..~ /'2o before me, ~e\lq, ret,-L,l(lt\d.e.Z. (Nt)'0Y'4 B-\l,\l0 , Date Here Insert Name and Title of thedfficer personally appeared _.J~a.~'=>~O~Yl--~-"--'-b_,_e=----\ -0'-:P\t_,,____,t,___ ______________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence. to be the person~ whose name(.s) is/~ subscribed to the within instrument and acknowledged to me that he/sb,e/tl::ley executed the same in his/~tti,eif authorized capacity(~). and that by his/her,lth.e+r signature(.8t on the instrument the person(s),. or the entity upon behalf of which the person~acted, executed the instrument. f ............................. ·.··················· ... •.•·• ... • ............................... l a Cecelia Fernandez N COMM. #2166624 ~ NOTARY PUBLIC •CALIFORNIA~ SAN DIEGO COUNTY "" t omrrission Expires Oct ao. 2020 I ............ ,,, ............................................... ,, ...... •,.•·•·r·••·l"••··· .. ····••r.•. 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 ---=~:..w=-"""...e:::...' _ .... d=----4-~""'------'------ 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: _____________________ Number of 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 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. who proved to me on the basis of satisfactory evidence to be the person(~ whose nam~) is/a,'e subscribed to the within instrument and acknowledged to me that he/steltl;my executed the same in his/hElf/th6ir authorized capacity(i~s), and that by his/~er/tl}8ir signature~ on the instrument the person~. or the entity upon behalf of which the person~) acted, executed the instrument. COMM. #2264054 i1ii NOTARY PUBLIC-CALIFORNIA 2: SAN DIEGO COUNTY I?? I My Ccmm Exp1ms November 21, 20.!J ••••• cu 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: _____________ Document Date: _______ _ Number of 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: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CED\LandDev\PROJECTS\DEV\DEV2017\DEV2017-0112 Viola Residence Hoover Street -Rick\EAGREE2019-0066 Viola -tree in ROW\ENCROACHMENT AGMT EAGREE2019-0066.doc 9/5/2014 EXHIBIT "A" LEGAL DESCRIPTION EAGREE 2019-0066 PARCEL A LOT 1 IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 7, 1929. EXCEPTING THEREFROM: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 1; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1, NORTH 26°42'33" EAST, 136.80 FEET; THENCE LEAVING SAID WESTERLY LINE, AND PARALLEL TO THE SOUTHERLY LINE OF SAID LOT 1, SOUTH 63°15'44" EAST, 188.58 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 1, SAID POINT ALSO BEING A POINT ON A NON-TANGENT CURVE HAVING A RADIUS OF 335.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 75°03'08" EAST; THENCE SOUTHERLY, ALONG SAID EASTERN LINE AND ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°48'42", AN ARC LENGTH OF 156. 76 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 1; THENCE DEPARTING SAID CORNER AND ALONG THE SOUTHERLY LINE OF SAID LOT 1, NORTH 63°15'44" WEST, 262.11 FEET TO THE POINT OF BEGINNING. CONTAINS 15,000 SQUARE FEET MORE OR LESS. ROB RT 0. SUKUP, RCE 28302 THE SEA BRIGHT COMPANY SHEET 1 OF 1 DATE EXHIBIT "B" EASEMENT DESCRIPTION EAGREE 2019-0066 HOOVER STREET AS DEDICATED PER MAP NO. 2152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 7, 1929. ROBERT 0. SUKU~ THE SEA BRIGHT COMPANY SHEET 1 OF 1 ~ I I I I EXHIBIT "C" EAGREE 2019-0066 I EXIST.\ i AC BERM '~~ I 0 20 40 I I I I ~1 LEGEND a STREET TREE W ENCROACHMENT IN R.O.W. □ EXISTING DRIVEWAY (DVWY) 3' PUBLIC STREET AND UTILITY EASEMENT PER DOC.NO. 2018-0303371 1 OF OFFICIAL RECORDS I 28' 4 . 4 6vwt 1· 4 ••. . . 4 • .L I ~ Ll ~ 4 4 . •4 ' ' ~' ":>C) ~ ~ / 5' PUBLIC STREIT "'I AND UT/UY ESM'T PER "'-DOC #2018-0303371 "' "' "' " • ---HOUSE 1095 HOOVER ST. APN 206-172-08 ---HOUSE • / PROPER1Y LINE I