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HomeMy WebLinkAboutPD 2019-0040; Crush, James and Julia; 2020-0245221; 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# 2020-0245221 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 May 14, 2020 10:31 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $35 00 (S82 Atkins $0.00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 255-070-25-00 -----------PROJECT ID: PD 2019-0040 PROJECT NAME: Crush Property RELATED PROJECT ID: EAGREE 2019-0067 RELATED PROJECT ID: V2018-0011 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and James Crush and Julia K. Crush, husband and wife 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 7991 La Brusca Way within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 255-070-25-00, 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, public utility and tree planting 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 2-feet retaining wall to remain in a portion of the public street, public utility and tree planting 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 shail 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:ICED\LandDev\PROJECTSIV\V2018\V2018-0011 Crush Property -ChualENCROACHMENT AGMT.doc 9/5/2014 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: James Crush and Julia K. Crush 7991 La Brusca Way Carlsbad, CA 92009 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:\CED\LandDevlMASTERSIINTRANET MASTERSIBY DOCUMENT TYPE\Agreements\Non-Secured Agreements\ENCROACHMENT AG MT doc 9/5/2014 IN WIT~J:SS WHEREOF, these parties hereto have executed this Agreement on 2 8 / k day of 8 b f-.v.r'/ , 20~. this OWNER James Crush ~d Julia. K. Crush, husband and wife as j~if1.t/~1 tenanl [ \,,''1-By: . v\ / (Sign Here) James Crush Julia K. Crush (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:\CED\LandDev\MASTERS\INTRANET MASTERSIBY DOCUMENT TYPE\Agreements\Non-Secured Agreements\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. ff)b/i l personally appeared -----""--,_,_'------"'~c._______,,,,,~_::.._c_____:___: __ .L__....:,.L _ ___,,,_.,L______LL....:_ _ _!.___J..£. f ~ l { 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 Calif i that the foregoing paragraph is true and correc · 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: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Trtle(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-SOCl-876-6827) Item #5907 4 Q ICED\LandDevlMASTERSIINTRANET MASTERSIBY DOCUMENT TYPE\Agreements\Non-Secured Agreements\ENCROACHMENT AGMT.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 :S0,111 ~\-t''-30 } On A/~ /2-CJ before me, tec.eJ~ f4:V74Vlclez, t.J o:iav:1 Date /"~_Here Insert Name and i1t1e of the Officer personally appeared -----'"--\_._9....._..,S"---CC6_V)___,__~5....._,, __ tsE.-=---~-----"=c....____.__ _____________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name~is/.µe-subscribed to the within instrument and acknowledged to me that he/sl:le/tl)s.y executed the same in his/her/~ir authorized capacity(i~. and that by his/her/their signature(Bt-on the instrument the person(st; or the entity upon behalf of which the person(s) acted, executed the instrument. r·· .. ·················· ... ·.··························· ... •.············· ... · ... · ... ·.•····· .. 1 a Cecelia Fernandez N COMM. #2166624 ~ NOTARY PUBLIC • CALIFORNIA 2 l SAN DIEGO COUNTY J ommission Expires Oct 30, 2020 ............... •.·••••··•··••· ... v.•.•.••••· ... ·.·•••••· ... •.· ... • ............. •.• ... •.• ... •1 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. 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 EXHIBIT 'A' LEGAL DESCRIPTION OF REAL PROPERTY EAGREE 2019-0067 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOT 29 OF CARLSBAD TRACT NO. 73-18 UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 15, 1975. APN: 255-070-25-00 EXHIBIT 'B' LEGAL DESCRIPTION OF EASEMENT EAGREE 2019-0067 A PUBLIC STREET EASEMENT TOGETHER WITH A 10-FT PUBLIC UTILITY AND TREE EASEMENT PER MAP NO. 8145, 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 JULY 15, 1975. I I EXHIBIT 'C' EAGREE 2019-0067 EXISTING SINGLE- FAMILY RESIDENCE I ,---~--------_,_______ ,____ I 1t0-FT EXISTING PUBLIC LTILITY & TREE PLANTING 18.0-FT DRIVEWAY I EASEMENT PEr MAP N0.8145 \ -- 0 ----~ -_J / ~ "L ❖ SIDEWALK / / \ iCROACHMENT: 2-FT RETAINING WALL LA BRUSCA WAY PROJECT INFO: CRUSH PROPERTY 7991 LA BRUSCA WAY CARLSBAD, CA 92009 PROJECT ID: PD 2019-0040 ◄ N NOTTO SCALE