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HomeMy WebLinkAboutPD 2019-0036; Hinkle, David and Delane; 2019-0551390; 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# 2019-0551390 111111111111 lllll 111111111111111 lllll 111111111111111111111111111111111 Nov 26, 2019 02:02 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $38.00 (SB2 Atkins $0.00) PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 255-270-31-00 -----------PROJECT ID: PD2019-0036 -----------PROJECT NAME: 2244 CORTE CICUTA PAVERS RELATED PROJECT ID: EAGREE2019-0065 RELATED PROJECT ID: ROW2019-1081 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and David A. Hinkle and Delane L. Hinkle, Husband and Wife as Community Property ("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 2244 Corte Cicuta within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 255-270-31-00, 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 street 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 decorative driveway 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: (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, 1 C:\Users\vnels\Desktop\EAGREE2019-0065.doc 9/5/2014 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: David A. Hinkle and Delane L. Hinkle, Husband and Wife as Community Property 2244 Corte Cicuta 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 2 C:\Userslvnels\Desktop\EAGREE2019-0065.doc 9/5/2014 Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 4f-l-t day of ,Jo ,..reCM.k, -c , 20~. OWNER CITY OF CARLSBAD, a municipal corporation of the State of California ( ; Q') I I R>~ JASON S. GELDERT, By: _____ /4 ........... lu..,_A("/_ __ t--"{_·~;~~--'-·"""l,,....<'.'.''-----En~eeri~~anager 1 , , (Sign Here) .----, }),:'-J\.J A-l..f~v1.{:_(e ~ 1im CtitttJtl ,St'fJ,,1 (David A. Hin~ RCE 63912 Exp. 9/3012020 r £,inuf By: ~A ....... , '4{,-=oo __ L_tt,_, ,,__Ju_' 4-----.-~-~-- (Sign Here) .De lane. L • ti,·,, le J e_ (Delane L. Hinkle) APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney 3 C:1Userslvnels\Desktop\EAGREE2019-0065.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ~:o:~:o:o:~:§§:§:§:§:§:§:§:§:§:0:0:~ 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 ....._,SJ...-.V\,._.___.t:\ ..... 1 ...... e,...,_'j1-+0-1------ On _\ \--'-+/----'~~/____.l_vf_,___ __ before me, CeMl14, na:1/l((klcl.ez-; Ncn-ec.v\1 Date Here Insert Name and Title of the Officer 1 personally appeared __ :f___._,i!...JML.L..,_,._~ ..... (lA.-1-y_._)"!....,.D'--'\'-'\'--I-} ~s ........ eoUJ1C..'g'-'--l' __ E,LJ1141.."'1:I.J!IO.uf! ..... e._,I.__ _______ _ Name(s) of Signer~) who proved to me on the basis of satisfactory evidence to be the person(.8)' whose name(s}-is/~subscribed to the within instrument and acknowledged to me that he/sbeitRey executed the same in his/~/tpeit authorized capacity(~). and that by his/h.erftllefr signature~on the instrument the person~or the entity upon behalf of which the person~cted, 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 --~--~-" __ d~-~~--------- 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: ___________________________ _ 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the inclMdual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. County of -----f--,~~-"--''--"'e:::..._6----=D'--------- On ll 4-l before me, ) ) ~ Vl . R+Wu D , ~~Y lAfBt,.i~ Date Here Insert Name and TTtle oft! Off'fF. \JJ. _ personally appeared _TuJs.......--~..!_E. __ L,,_.--+~~N~'4£-~--MJ+--"'-=t),__ __ "J)A~V~I--J2__,-/1~-~:tt!-~~~ 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 Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true an~rect. WITNE (_my~and and official seal. --------------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: ___ Slgner(s) Other Than Named Above: ____________ _ Capaclty(les) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Tltle(s): _____ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Individual □ Attorney In Fact □ Trustee D 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 C:1Userslvnels\Desktop\EAGREE2019-0065.doc 4 9/5/2014 EXHIBIT A Legal Description Lot 289 of Carlsbad Tract No. 88-03-02, Arroyo La Costa, Unit 2 (Village G), in the City of Carlsbad, County of San Diego, State of California, According Map No. 13386, filed with the County Recorder of San Diego County on December 20, 1996 APN: 255-270-31-00 EXHIBIT B EASEMENT A Public Street easement as dedicated per Carlsbad Tract No. 88-03-02 Arroyo La Costa, Unit 2 (Villages G,H,J,P,Q,R, & S), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13386, filed in the Office of the County Recorder of San Diego County on December 20, 1996 I I '"ti I t"' I I ~I ~· ;p. \ cc, -, I I I I I I I 10'-5" PLAT OF PROJECT DRIVEWAY 16'-5" EDGE OF PVMT. PL 57.83-y- EXISTING SIDEWALK AREA OF ENCROACHMENT (DECORATIVE PAVERS) CL RIVEWA 4 6" ~ I IO 'O I a; •-i j -i ,...;i I Q,, I I I I I I I I I I ------------------------------------------------------------------------- PROJECT NAME HINKLE RESIDENCE 2244 CORTE CICUTA APN 255-270-3100 EAGREE 2019-0065 ROW 2019-1081 0 5 IO 15 PROJECT NUMBER PD2019-0036 SC.IL£: /" = 10'-0" EXHIBIT C . . . CERTIFICATION FOR ACCEPTANCE OF DEED OF EASEMENT This is to certify that the interest in real property conveyed by the Grant Deed, dated November 4, 2019, from David A. Hinkle and Delane L. Hinkle, Husband and Wife as Community Property to the City of Carlsbad, a Municipal Corporation, is hereby accepted by the City Council of the City of Carlsbad, California, a Municipal Corporation, pursuant to Ordinance No. NS-422, adopted on September 16, 1997, and the grantee consents to the recordation thereof by its duly authorized officer. DATED: November 12, 2019 Hector Gomez Deputy City Clerk (SEAL)