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HomeMy WebLinkAboutPD 2018-0014; Wang, Anthony and Santiago, Gerardeen; 2018-0321507; 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# 2018-0321507 1111111111111111111111111111111111111111111111111111111111111111111111 Aug 06, 2018 04:27 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $35.00 (SB2 Atkins: $0.00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-200-17-00 -----------PROJECT ID: PD2018-0014 -----------PROJECT NAME: SANTIAGO-WANG RESIDENCE RELATED PROJECT ID: EAGREE2018-0013 RELATED PROJECT ID: ROW2018-0446 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Anthony Wang, a single man, and Gerardeen M. Santiago, an umarried woman, as joint tenants ("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 2890 Highland Dr within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 156-200-17-00, 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 decorative pavers to remain in a portion of the 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, 1 Q:ICEDILandDev\PROJECTSIPDIPD 2018\PD2018-0014 Santiago-Wang Residence-Nelson\EAGREE2018-0013 2890 HILLSIDE AGREEMENTdoc 9/5/2014 /l /',rl {f I 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: Anthony Wang, a single man, and Gerardeen M. Santiago, an umarried woman, as joint tenants 2890 Highland Dr 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:ICED\LandDev\PROJECTS\PDIPD 2018\PD2018-0014 Santiago-Wang Residence-Nelson\EAGREE2018-0013 2890 HILLSIDE AGREEMENT.doc 9/5/2014 Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this ·;,.., '1 day of J v "'-e , 20~. OWNER (Anthony Wang) By ~Here~..._____ (Gerardeen M. Santiago) APPROVED AS TO FORM: CELIA BREWER City Attorney ~ -~·· -By: RON KEMP Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineeri Manager RC Q ICED\LandDev\PROJECTSIPDIPD 2018\PD2018-0014 Santiago-Wang Residence-Nelson\EAGREE2018-0013 2890 HILLSIDE AGREEMENT.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 County of On __)Ltll'-<". '5 '\If\ 1); -f? ~2 ) ;J-1, k, t 6 before me, t,L.A(ll l '/ L /k;Jei rn ~ 7 q AJ i) h~ {},_JJ/,'c Date I\ ¼ Here Insert Name and Title of the Ocer personally appeared (tit D v, ~ W Ct V'-? Ct v"lc! Name(s) of Signer(s) . who proved to me on the basis of satisfactory evidence to be the erso..!lliil whose name(s) i,S@ subscrib~ the within instrument and acknowledge.sJ...-to-o:ie that 1-tefflh~ executed the same in hisfhe~thorized capacity(ies), and that by hfsffle~gnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State liforni at the f egoing paragraph is true and WITNESS ----------------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: ·fv\COAd1/11.l,·tr fk,r4nv,,.f Document Date: --"'~/~~-~/_1~8~--- Number of Pages: ...... l:f" Signer(s) Other Than Named Above: --~/J/+.<-A~---------- Capacity(ies) Claimed by Signer(s) Signer's Name: ________ _ Signer's Name: D Corporate Officer -Title(s): ______ _ :::::J Corporate Officer -Title(s): ______ _ D Partner -::::J Limited D General D Partner - D Limited [J General D Individual n Attorney in Fact [] Individual D Attorney in Fact n 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 4 Q \CED\LandDev\PROJECTSIPD\PD 201 BIPD2018-0014 Santiago-Wang Residence-Nelson\EAGREE2018-0013 2890 HILLSIDE AGREEMENTdoc 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 ) County of -:a4 D11-6t> ) On Su~ 17, 2-0l<".6 before me, E)'ta/J!Jf JC)Jv~~ Nt?ft:Jl,'i P11.bltt. Date Here Insert Name and Title of the Officer personally appeared --~-~_Ot_6_0_)'\ __ 5_, _O>_el_c&-r-~--------------- 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 J;?,xa!LflP ~ Signature of Notary Public Place Notary Seal 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: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner - D Limited D General D Individual DTrustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): -~----- D Partner - D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" The Southeasterly 70 feet of the following described property: That portion of Tract 121 of Carlsbad Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1661, filed in the Office of the County Recorder of San Diego County, March 1, 1915, more particularly described as follows: Commencing at the Southwesterly corner of said Tract 121; thence North 34°33' West along the Southwesterly line of said Tract 121, 531.19 feet to the True Point of Beginning; thence North 34°33' West, 500 feet; thence North 55°27' East, 138 feet; thence South 34°33' East, 500 feet; thence South 55°27' West, 138 feet to the True Point of Beginning. Assessor's Parcel No. 156-200-17 EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT A general utility and street access easement granted to the City of Carlsbad according to the Map thereof No. 1661, filed in the Office of the County Recorder of said San Diego County, March 1, 1915. LOCATION MAP ----------~-------------11!:--------7 NOT TO SCALE HIGHLAND DRIVE HOUSE AREA OF ENCROACHMENT (DECORA TTVE PA VERS) DRIVEWAY ~ I I I I r----------, I ---------------€------------ PROJECT NAME ENCROACHMENT FOR PROJECT EXHIBIT 2890 HIGHLAND DRIVE NUMBER C APN 156-200-17-00 EAGREE2018-0013 PI.OTTED BY: SCOTT £VANS PLOT DA~6/25/18 PATH:D: \OE't£l.0Ptrl£NT PRO.ECTS\PR\AUTOCAD\E:AGREE2018-001J.DWG