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HomeMy WebLinkAboutDEV 2017-0112; Viola, Theodore D.; 2020-0289532; 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# 2020-0289532 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Jun 05, 2020 03:39 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $47 00 (S82 Atkins $0.00) PAGES 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-172-08 & 206-172-11 PROJECT ID: DEV2017-0112 PROJECT NAME: VIOLA RESIDENCE HOOVER STREET RELATED PROJECT ID: EAGREE2020-0008 RELATED PROJECT ID: MS2018-0008 _;.;;.:..;;;.::c:....;...:....:...:....:...c:;._ ____ _ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Theodore D. Viola, Trustee, the AGMISH TOFF Trust, dated June 23, 1995 ("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 1095 Hoover Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-172-08 and 206-172-11, 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 a drain pipe and inlet boxes, a maximum 24-inch high wall with intermitent 36-inch high, 20-inch wide columns 8 feet apart on Adams Street as measured from the street elevation and a maximum 42-inch high solid wall on Hoover Street to remain in a portion of the public street and utility 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. 1 Q:ICED\landDev\PROJECTSIDEV\DEV2017\DEV2017-0112 Viola Residence Hoover Street-Rick\EAGREE2020-0008 Viola -wall in ROW\ENCROACHMENT AGMT EAGREE2020-0008.doc 9/5/2014 (8) 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) 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: Ted Viola 4858 Park Drive, Suite 11 0 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. 2 Q:ICED\LandDev\PROJECTS\DEV\DEV2017\DEV2017-0112 Viola Residence Hoover Street-Rick\EAGREE2020-0008 Viola -wall in ROWIENCROACHMENT AGMT EAGREE2020-0008.doc 9/5/2014 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. this IN p~ESS WHEREOA these parties hereto have executed this Agreement on / day of /Y7 y'. , 20 2 0. OWNER Theodore D. Viola, Trustee, The Agmish To rust, Dated June 23, 1995 Theodore D. Viola, Trustee (Print Name Here) By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By AD~* Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California Q:ICEDILandDev\PROJECTSIDEV\DEV2017\DEV2017-0112 Viola Residence Hoover Street-Rick\EAGREE2020-0008 Viola-wall in ROWIENCROACHMENT AGMT EAGREE2020-0008.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 Sa.n ·--o,ego } On 'MfA'J 2\ j 1-oz.,o before me, 6\, s.s °' ·,ovo. .. :v 1 No-\-Q-)--y ?vb\\<:..., Date Here Insert Name and Title of the Officer personally appeared ------:L~o.,~S~O~V'"\ __ 5_._b~c,~\~dey~-+~------------ 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 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 --~-~-----=---~----------- 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: ___________________________ _ DocumentDate: _____________________ Numberof 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 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 Califorl])a ~ County of 2.4--v #£? ) ~ ~ On J-✓7-zo-z-() beforem ~_r-Mm&,/::~'<-/c_,: Date ~ Here Insert Name and Title of the fficer personally appeared ~4 .P~' ,r<._ j;>; j/j O / 4 Name(s) of Signer(s) -- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is~ subscribed to the within instrument and acknowledged to me that he/she,/;N::iey executed the same in his/hei.4fleir authorized capacity(ies), and that by his/hei;ltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I ,, •.-.. ~. •·· on•~;s~•;;o~~;s~•, -: ~. COMM, #2242777 ► ~ i t NOTARY PUBLIC-CALIFORNIA !: $AN DIEGO COUNTY I • .. ~~ ::'7kt•Pffevi~~:;~2~ I Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correc Signature of Notary Public ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document vi_ ,-,~-,P~ --/ / Title or Type of Document: ~.,,..,_ ,1-qtl~-"'r [? Document Date: ..;r,i/;'j/l-~Z,,v/ Number of Pages: r<J Signer(s) Other Than Named Above: _______ • __ ' ---~ Capacity(ies) Cla.!fllpd by Signerjs) . Signer's Name: ~" ;,;,.~-t t? J/1 o /Al' Signer's Name: ____________ _ □ Corporate Officer -Title(s): _______ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ liyividual ~stee □ Attorney in Fact □ Individual □ Attorney in Fact □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: --------------~ □ Other: ______________ _ Signer Is Representing: ---------~ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:ICED\LandDev\PROJECTS\DEV\DEV2017\DEV2017-0112 Viola Residence Hoover Street-Rick\EAGREE2020-0008 Viola -wall in ROW\ENCROACHMENT AGMT EAGREE2020-0008.doc 9/5/2014 EXHIBIT "A" PROPERTY LEGAL DESCRIPTIONS EAGREE 2020-0008 PARCEL "A" OF CARLSBAD CERTIFICATE OF COMPLIANCE NO. 2017-0001, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS DOCUMENT NO. 2018-0099802 OF OFFICIAL RECORDS, ON MARCH 14, 2018. APN: 206-172-08 AND PARCEL 2 OF PARCEL MAP NO.21698, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS FILE NO. 2019-7000251, ON JULY12,2019. APN: 206-172-11 J<o1~0.$J ROBERT 0. SUKUP , RCE283tf=f==' THE SEA BRIGHT COMPANY SHEET 1 OF 1 DATE EXHIBIT "B" EASEMENT DESCRIPTIONS EAGREE 2020-0008 HOOVER STREET AND ADAMS STREET AS DEDICATED PER MAP NO. 2152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 7, 1929. ROBERT 0. SUKUP , RCE 28302 THE SEA BRIGHT COMPANY 4 20 zo DAT SHEET 1 OF 1 0 20 40 EXHIBIT "c" EAGREE 2020-0008 ~ I ,~ MAXIMUM 42" HIGH GREY EDGE OF PAVEMENT EXISTING DOUBLE YELLOW STRIPE EXISTING 6" AC BERM WALL W/DARK GREY STUCCO FINISH & WALL CAP I I DRAIN BOX (lYP) 5' PUBLIC STREET EXISTING 6" 4" PIPE AND UT/UY ESM'T PER DOC #2018-0303371 AC BER~ i +T "- END EXISTING PARCEL A WALL ~cat==-c.o.c. 2017-0001 3' PUBLIC STREET AND UTILITY EASEMENT PER 1 DOC.NO. 2018-03033711 OF OFFICIAL RECORDS LEGEND 28' -=-=-MAXIMUM 24" HIGH MASONRY WALL WITH MAXIMUM 36" HIGH BY 20" LONG "PILASTERS" AT 8' APART, ALL WITH DARK GREY STUCCO FINISH & WALL CAP. SEE ELEVATION "A" HERE IN. -=-MAXIMUM 42" HIGH MASONRY WALL WITH DARK GREY STUCCO FINISH & WALL CAP. SEE ELEVATION "B" HERE IN. REFERENCE DRAWING SEE DWG.N0.504-6A ON FILE WITH THE CITY OF CARLSBAD FOR FURTHER DETAIL DOC. 2018-0099802 OFFICIAL RECORDS RECORDED 3/14/2018 VICINITY MAP NTS 1-5 SITE LAGOON SHEET 1 of 5 SLOPE DOWN EXH I Bl T "C" EAGREE 2020-0008 0 EDGE OF PAVEMENT EXISTING DOUBLE YELLOW STRIPE EXISTING 6" AC BERM 12' OF EXISTING GORILLA MULCH PARCEL A c.o.c. 2017-0001 DOC. 2018-0099802 OFFICIAL RECORDS RECORDED 3/14/2018 5' PUBLIC STREET AND UTIL/Y ESM'T PER DOC #2018-0303371 MAXIMUM 24" HIGH MASONRY WALL WITH MAXIMUM 36" HIGH BY 20" LONG "PILASTERS" AT 8' APART, ALL WITH DARK GREY STUCCO FINISH & WALL CAP. SEE ELEVATION "A" HERE IN. 20 SHEET 2 of 5 40 EXH I Bl T "c" EAGREE 2020-0008 PARCEL A c.o.c. 2017-0001 DOC. 2018-0099802 OFFICIAL RECORDS RECORDED 3/14/2018 MASONRY PROPERTY LINE WALL SLOPE DOWN PARCEL 2 PM#21698 APN 206-172-11 MAXIMUM 24" HIGH MASONRY WALL WITH MAXIMUM 36" HIGH BY 20" LONG "PILASTERS" AT 8' APART, ALL WITH DARK GREY STUCCO FINISH & WALL CAP. SEE ELEVATION "A" HERE IN. 5' PUBLIC STREET AND UTIL/Y £SM 'T PER DOC #2018-0303371 SLOPE DOWN a MASONRY PROPERTY LINE WALL 20 40 EDGE OF PAVEMENT EXISTING DOUBLE YELLOW STRIPE EXISTING 6" AC BERM SHEET 3 of 5 5' OLD------...._ R/W 7'(VARIES) EXHIBIT "C" EAGREE 2020-0008 JO' 12' WALL CAPS INCLUDED IN WALL HEIGHT WALL ___,....F/'------------.-12 .. ~ ADAMS SHEET 4 of 5 xbs0~\t~~ ~s ~~~s". y,.0G'<' 0~ ~~'-\t--"o'? 24" CONTTNUOUS WALL 24.. ~~0 2% (BxBx16 BLOCK) 2% ~ EXIST. 6" BERM, HAS NO CAPS J" DRAIN --olJb:::::::==:::;~=::==:::::::==Q=.==== SET DISTANCE FROM (£ o'?~ PIPE W/1NL£TS L--12' GORILLA 7,,·.\ :~s'\ ~ MULCH ~~" 2'x2' CONC. FTG. WITH 2 #4's T&B WALL HAS #4V@24"O.C. W/#4's T&B Cf. HOOVER ADAMS ST. X SECTION (LOOKING WEST} 1 "= 6' 28' 23.2' TW=44" ABOVE TOP OF BERM, 42" EXPOSED @ WALL 11' 12.2' R/W EXIST. 6" AC BERM \ ........ ___ 1 %_0 ___ ----t i---- HOOVER ST. X SECTION (LOOKING NORTH} 1 "= 6' 0 6 12 '-2'x2' CONC. FTG. WITH 2 #4's T&B WALL HAS #4V@24"O.C. W/#4's T&B 8" GRADE AT WALL I-20· -1- 5'-4" EXH I Bl T "c" EAGREE 2020-0008 • a ELEVATION "B" 1 "= 2' 8' o" 5'-4" MASONRY WALL TO GET DARK GREY STUCCO FINISH -• SHEET 5 of 5 2" CAP (LIGHT COLOR)~ 2" CAP r (LIGHT COLOR) 2" CAP x (LIGHT COLOR) ,--&......&..--,---.L.--1~:=========___: __ ..:...:.:.:.:..~---_J ~ x ...___7-'-,--t--'---,--...1..,_--.-.L-,--.L----r-...L ___ ~x ~ ~-+--r-.J.---.---1 I"') ::::1r--'----'----..L.--L--.L-"'1T-"'------L--I--' MASONRY WALL TO GET DARK GREY STUCCO FINISH TOP OF AC BERM ELEVATION "A" 1 "= 2'