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HomeMy WebLinkAboutPD 2020-0018; Hall. Thomas and Monica; 2020-0609162; Encroachment AgreementDOC# 2020-0609162 II 1111111111111 IIII III IllIIIII IIIIIIIIIIIIII Oct 08, 2020 12:01 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 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 ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 2070821000 PD2020-0018 Hall Residence Pavers EAGREE2020-0020 R0W2020-0673 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Thomas Lee Hall and Monica Hogue Half, Trustees of the Thomas Lee Hall and Monica Hogue Hall Trust dated April 9, 1993 ("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 at4115 Skyline Road within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 2070821000, 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 general utility and street 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 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: 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. 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) VVhatever 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: Thomas Lee Hall and Monica Hogue Hall, Trustees of the Thomas Lee Hall and Monica Hogue Hall Trust dated April 9, 1993 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 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this I (..)*3. day of Avjws f , 20 ZO . (Sign Here) pint Name Here) By: 7/1t1/31.4Z-(1--/A44.e___ Ater_e_Z (Sign Ore) M 0 ft Ho (Ike, (Print Narrr Here) APPROVED AS TO FORM: CELIA BREWER City Attorney BY: 'DIU RON KEMP Assistant City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineettg Manger RCA' 63912 Exp. 9/30/2020 3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies o nly the identity of the individual who signed the document I to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. on L4 AlAptrtt2 before me, *,5,11./1459 .0--C44-1 Date Here Insert Name and 77tfe of the Officer ANO U5V14A1A— PO ke-A g'&1 Marne(s)of Signeffs) State of California County of ritt personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) /are subscribed to the within Instrument and acknowledged to me that hO/lhelthey executed the same In hisOfer/their authorized capacity(les), 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 tldr:.--:•°:ffid7741akalihajan\ 1 VA S S t f•T 7 ..11,5. `.i. COMM. #2264054 > NOTARY PUBLIC-CALIFORNIA MyConirn.E nwv.wwwwww= n 4= 2 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct fficial seal. Signature of Notary Public WITNES Ignat OPTIONAL Completing this information can deter alteratriZ5rof the document or fraudulent reaffachment of this form to an unintended document Description of Attached Document Title or Type of Document 4crfikpok4,4c Document Date: Numberof Pages: Signer(s) Other Than Named Above- Capacity()es) Claimed by Signer(s) Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee ci Guardian or Conservator 0 Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited El General 0 Individual 0 Attorney in Fact Ci Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2019 National Notary Association 4 ELISSA TOVAR Notary Public - California San Diego County Commission # 2323282 My Comm. Expires Mar 8, 2024 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 SCA-" e 9 On c11 k 0 I 10 2-0 before me, ar ?tc Date Here Insert Name and Title of the Officer personally appeared _TO\ S 0 A 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. Place Notary Seal and/or Stamp Above I certify under PENALTY 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 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: ikatt V-e ckaen (-re Cinc:Ar ovtre rk- ,,,,e,eNt-E Number of Pages: Signer(s) Other Than Named Above: Document Date: °I /i D I j Z-O Capacity(ies) Claimed by Signer(s) Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: 0 Corporate Officer — T itle(s): o Partner — 0 Limited O General O Individual O Attorney in Fact O Trustee O Guardian or Conservator o Other: Signer is Representing: atiliiaakliWeata/07 5vt'livVill'IT'v'IT'" ©2018 National Notary Association EXHIBIT "A" PROPERTY DESCRIPTION LOT 82 OF CARLSBAD HIGHLANDS #2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING MAP NO. 2825, FILED WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON DECEMBER 5, 1951. APN: 207-082-10-00 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT A general utility and street access easement granted to the City of Carlsbad according to the Map thereof No. 2825, filed in the Office of the Recorder of San Diego County, December 5, 1951. 5 JO Is EXHIBIT PROJECT NUMBER PD2020-0018 PROJECT NAME RALT RESIDENCE 4115 SKYLINE ROAD APN 207-082-10-00 EAGREE 2020-0020 PLAT OF PROJECT N.4 PL 100.04 DRIVEWAY 12' AREA OF ENCROACHMENT (DECORATIVE PAVERS) --------------------------------- CL SCALE: 1. =10,0„ DRIVEWAY