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HomeMy WebLinkAboutCDP 2017-0018; Polzin, Joseph and Deirdre; 2020-0609161; Encroachment AgreementDOC# 2020-0609161 111111110111111111 lI III III II DI II 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 ASSESSOR'S PARCEL NO.: 206-180-40-00 PROJECT ID: CDP2017-0018 PROJECT NAME: POLZIN RESIDENCE RELATED PROJECT ID: EAGREE2020-0018 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Joseph J. Polzin, Jr. and Deirdre E. Polzin, Trustees of The Polzin Family Trust ("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 4390 Adams Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-180-40-00, 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 Public Utility 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 concrete 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 1 QACEDIandDev \PROJECTS \GDP \CDP2017 \CDP2017-0018 Polzin Residence - ChuaTncroachment Agmnt- Decorative Concrete\ENCROACHMENT AGMT.doc 9/5/2014 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 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: Joseph J. Polzin, Jr. and Deirdre E. Polzin, Trustees of The Polzin Family Trust 4390 Adams St. 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 QACED\ LandDev\PROJECTS \CDP \CDP2017 \CDP2017-0018 Polzin Residence - Chua \Encroachment Agmnt- Decorative Concrete \ENCROACHMENT AGMT.doc 9/5/2014 \-4-f-f JASON S. GELDERT, a-Engineeri Man ger ii 0 0.1n. By: (Sij Here) - z; (P int Name Her By: /6/,/-Y?2 (Sign Here) )2_/, (Print Name Here) ROE 912 Exp. 9/30/2020 IN WITNESS VVHERE•F, these parties hereto have executed this Agreement on this 31-ci day of fAl4tt...e- 20 a° • OWNER, Joseph J. Polzin, Jr. and Deirdre CITY OF CARLSBAD, a municipal E. Polzin, Trustees of The Polzin Family corporation of the State of California Trust APPROVED AS TO FORM: CELIA BREWER City Attorney By: Ar\S4A- RON KEMP Assistant City Attorney 3 QACEDIandDev\PROJECTS\CDP \CDP2017\CDP2017-0018 Polzin Residence - Chua\Encroachment Agmnt- Decorative Concrete \ ENCROACHMENT AGMT.doc 9/5/2014 CLJORN1Ln,LL-PURPOSE ACKNOWLEDCLIT 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 1.gam 4IFIV On 09.-0,40 before me, Date personally appeared P,t9tpr) ni2:1( h 01-a Here Insert Name and Title of the Otiicer k P,64( 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. ARTI D. MEHTA Notary Public - California San Diego County Commission #2186785 My Comm. Expires Mar 17,2021 WITNESS my hand and official seal. Signature Signature of Notary Public Place Notary Seal Above OPTIONAL 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: 0 Corporate Officer — Title(s): Ell Corporate Officer — Title(s): 0 Partner — 0 Limited El General 0 Partner — El Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact El Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: 0 Other: Signer Is Representing: Signer Is Representing: • ©2014 National Notary Association www.NationalNotary.org 1-800-US NOTARY (1-800-876-6827) Item #5907 ELISSA TOVAR Notary Public - California z San Diego County Commission # 2323282 My Comm. Expires Mar 8, 2024 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 Oft404AWyd,; 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 Say, On CI I k0 I 2k)?() before me, E k k `)C cik. -To Date Here Insert Name and Title of the Officer personally appeared -3-0k 0 d e_x 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 ignature 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: VO \ ktiN Document Date: IN 1 20 2.-C) 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 O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: sdkein e.eocivoctcinnreAro- Number of Pages: 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: ©2018 National Notary Association EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF LOT 11 IN BLOCK "C" OF BELLAVISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, MARCH 7, 1929. AS DESCRIBED IN DEED RECORDED SEPTEMBER 14, 2016 AS DOC. NO. 2016-0480819. MORE PARTICULARLY DESCRIBED AS PARCEL "A" OF CERTIFICATE OF COMPLIANCE RECORDED 9 /12/16 AS DOC. NO. 2016-0475201 O.R. A.P.N: 206-180-40-00 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT A PUBLIC STREET AND UTILITY EASEMENT PER RECORDED DOCUMENT NO. 2017-0532054 DATED ON NOVEMBER 15, 2017 TOGETHER WITH A PUBLIC STREET EASEMENT PER MAP NO. 2152, 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 MARCH 7, 1929. PLAT OF PROJECT NORTH SCALE: 1"=20' DRIVEWAY 22' REA OF ENCROACHMENT (DECORATIVE PAVING) ADAMS ST. -EridE OF NMI: ENCROACHMENT FOR THE POLZIN RESIDENCE 4390 ADAMS STREET CARLSBAD 206-180-40-00 PROJECT NO. EXHIBIT CDP 2017-0018 EAGREE2020-0018 PROJECT NAME