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HomeMy WebLinkAboutCDP 2019-0009; Akin, Sadri and Marie Rose; 2020-0720793; Encroachment AgreementDOC# 2020-0720793 11 111111111111111 III IIl II III111111 111 Nov 17, 2020 11:28 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES 8 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 210-063-09-00 CDP2019-0009 AKIN RESIDENCE EAGREE2020-0013 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Sadri M. Akin and Marie Rose M. Akin, Trustees of the Levan-Akin Revocable Living Trust dated December 15, 2014 ("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 5290 Carlsbad Boulevard within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-063-09-00, 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 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 landscaping and turf pave driveway to remain in a portion of the public street 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 \CDP2019 \CDP2019-0009 Akin Residence - Chua \ENCROACHMENT AGMT.doc 9/5/2014 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: 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: Sadri & Marie Akin 5290 Carlsbad Boulevard 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 such signature(s) thereby bind such party. 2 Q:\CEDIandDev\PROJECTS\CDP\CDP2019\CDP2019-0009 Akin Residence - ChuMENCROACHMENTAGMT.doc 9/5/2014 IN WITNESS WHERE0F these this )—...67Y-L. day of arties hereto have executed this Agreement on , 20 C! OWNER Sadri M. Akin and Marie Rose M. Akin, Trustees of the Levan-Akin Revocable Living Trust dated December 15, 2014 (Sign Here) Sadri M. Akin CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineering Manager ' By: (Print Name Here) 0/1,04-e, AAA, OJAAMH RCE 63912 Exp. 9/30/2020 (Sign Here) Marie Rose M. Akin (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: AV 91 RON MP Assistant City Attorney 3 Qs \CED \LandDev \PROJECTS \CDP \CDP2019 \CDP2019-0009 Akin 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 County of c-IC-4e-ovry, enTO Alr-00r) tc,\OT‘14z,- Here Insert Name and Title of the Officer cct6 \ !v\ -(1\ y_lon rAck ‘t, 12-cSe -Name(s) of Signer(s) On t./( 12-Li I-2-0 -2-0 Date personally appeared before me, who proved to me on the basis of satisfactory evidence to be the person @ whose name is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hk-,/hcr/their authorized capacity()), and that by hEsi-h-er/their signature&on the instrument the persore or the entity upon behalf of which the person6acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Rompiessesesi ea NOTARY PUBLIC - CAUFORMA COMM. #2171433 SACRAMENTO COUNTY Camrnlaslon Exgres 1210012020 WITNESS my hand and official seal. Signature Sign to of Nota‘ • blic 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: CI Corporate Officer — Title(s): 111 Partner — El Limited El General 0 Partner — El Limited CI General El Individual El Attorney in Fact El Individual El Attorney in Fact El Trustee El Guardian or Conservator El Trustee El Guardian or Conservator El Other: El Other: Signer Is Representing: Signer Is Representing: 64-,e,Kt,f4szyj'eAss.L.,,rervaweev.&,,,,z,v,ve, ' ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Signer's Name: 0 Corporate Officer — Title(s): 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: e Ci (ACV\ Document Date: Number of Pages: Signer(s) Other Than Named Above: 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: Corporate Officer — Title(s): O Partner— 0 Linnite d 0 General O Individual O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 1,F 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 Y1 V - (C on k 0 I -2-(1 20'20 before me, Ekl`›Cik ToNjakr NCYta kr/ Po bk‘ c_ ate Here Insert Name and Title of the Officer personally appeared -T-cx c G k 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 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. ELISSA TO VAR Notary Public - California San Diego County Commission # 2323282 My Comm. Expires Mar 8, 2024 Signature Place Notary Seal and/or Stamp Above -Signature of Notary Public ©2018 National Notary Association EXHIBIT "A" LEGAL DESCRIPTION OF PRC ?ELITY EAGREE 2020-0013 LOT 42 OF TERRAMAR UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2696, FILED IN THE OFFICE OF TFIE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 6, 1950. APN: 210-063-09-00 1 OF 1 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT EAGREE 2020-0013 A PUBLIC STREET EASEMENT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO RECORDED DOCUMENT NO. 1992- 0343175, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 3, 1992. 1 OF 1 LOT 43 EXHIBIT 'C' II N59° 19`16'W 110.03' LOT42 TERRAMAR UNIT NO.1 MAP NO. 2696 TURF PAVE DRIVEWAY ENCROACHMENT IN THE 1' PUBLIC STREET EASEMENT APN: 210-063-09-00 N59° 20'51"E 110.02 Co N 300 37' 20" W LOT 74 LOT 75 1' PUBUC STREET EASEMENT PER REC. DOG #1992-0343175 RECORDED ON JUNE 3,1992 CARLSBAD BLVD. LOT 41 EAGREE 2020-0013 1 OF 1 SCALE: 1" = 20'