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HomeMy WebLinkAboutPD 2020-0003; Omori, Gary and Lisa; 2021-0442106; Encroachment AgreementDOC# 2021-0442106 1E1 11111 11111 3 DEIN 1E1 11111 11111 DIII DIII IIDI 11111111 Jun 16, 2021 03:33 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr.; SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 8 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PLAN ID: RELATED PERMIT ID: 2151202600 DEV 2020-0054 OMORI RESIDENCE 7100 ESTRELLA DE MAR RD PD 2020-0003 EAGREE2020-0010 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Gary A. Omori and Lisa Omori ("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 7100 Estrella De Mar Road within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-120-26-00, 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 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 exposed aggregrate concrete driveway to remain in a portion of the public street and utilities 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 QADEDILandDev1PROJECT$113DIPD 2020032020-0003 7100 Estrella De Mar - OntiveroslENCROACHMENT AGMT_EAGREE2020- 0343.doc 9/5/2014 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: Gary A. and Lisa Omori 7100 Estrella De Mar Road 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 Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. 2 ()ACED \LandDevIPROJECTS \ IDD1PD 20201PC/2020-0003 7100 Estrella De Mar - OntiverosIENCROACHMENT AGMT_EAGREE2020- 0343.doc 9/5/2014 (Print Name Here) By: (N, CELIA BREWER City Attorney By: RO KEMP Assistant City Attorney INU 1ITNESS WHEREQFA, these parties hereto have executed this Agreement on this 1/7-71 day of Al , 20 ••/. OWNER, Gary A. and Lisa Omori, Trustees CITY OF CARLSBAD, a municipal of The Gary and Lisa Omori Trust UTA corporation of the State of California dated May 3, 2018 f\"+ L (Sign Here) Gary A. Omori, Trustee (Sign Here) Lisa Omori, Trustee JASON GELDERT, Engineering Manner RCE 63912 Exp. 9/30/2020 By: (Print Name Here) n i te.t.‘:_k roetv e‘ckncujicac 1. APPROVED AS TO FORM: 3 QACEDILandDevIPROJECTS\PD\PD 20201P02020-0003 7100 Estrella De Mar - OntiveroslENCROACHMENT AGMT_EAGREE2020- 0343.cloc 9/5/2014 PAIGE B. MURPHY Notary Public - California San Diego County Commission # 2214351 My Comm. Expires Sep 16, 2021 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 car act WITN cial seal. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. DocumentDate: Met_ Litk aca, [ Numberof Pages: 43 Signer(s) Other Than Named Above: 01%A- Capacity(ies) !aimed by Signer(s) Signer's Name. Signer's Na e: ci Corporate Offic r — Title(s): o Corporate fficer — Title(s): ci Partner — 0 Lim d ci General o Partner — Limited ci General ci Individual ci Attorney in Fact El Individual Attorney In Fact ci Trustee u Guardian or Conservator o Trustee o Guardian or Conservator Other: ci Other: Signer is Representing: Signer is Representing: Description of Attached Document Title or Type of Document: q.if\egnaGifINLIM4 491e--e•eY1Al2.V1+ Signature yPu ic OPTIONAL CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 'Calk A notary public or otherofficer 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. County of N1 'DIE cl_o 1 State of California . On 14‘ (2_02A_ before me,Pa If C2)'• MU NCittifZ Pt)ii7C, Date . Here Insert Name a Title of the qtrtçr personally appeared 61 A. (Mal QIIci .410 Narne(s)of Signer(s) Ontwe ----- who proved to me on the basis of satisfactory evidence to be, erson(s) whose name(s) I scribed to the within Instrument and acknowiedg me that he/sh hey xecuted the same in his/her authorized capacity(les), and that by his/ nature(s) on e instrument the person(s), or the entity upon behalf of which the person(s) acted, e>cecuted the Instrument. 2019 National Notary Association 4 QACED1LandDev1PROJECTS\PDIPD 2020 \PD2020-0003 7100 Estrella De Mar - Ontiveros \ENCROACHMENT AGMT_EAGREE2020- 03,43.doc 9)5/2014 ELISSATOVAR 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 ofthe 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 On "-a), 2„-c) 2 1 before me, Date C11 5scA -rovcor, Noi-ory 61, Here Insert Name and Title of the Officer personally appeared s) oiso," 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. Signature Signature of Notary Public Place Notary Seal and/or Stamp Above 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 vk 4c0 e%1 C VIA c=12/-1 .41{-ezwke,vk A-- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: 0 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 — Title(s): O Partner — 0 Limited u General O Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator O Other: Signer is Representing: ©2018 National Notary Association EXHIBIT "A" PROPERTY DESCRIPTION Lot 80 of La Costa Valley Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 5434, filed in the Office of the County Recorder of San Diego County on July 29, 1964. APN: 215-120-26-00 EAGREE2020-0010 7100 Estrella De Mar Rd EXHIBIT "B" EASEMENT A public utility and street easement as dedicated per La Costa Valley Unit 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 5434, filed in the Office of the County Recorder of San Diego County on July 29, 1964 EAGREE2020-0010 7100 Estrella De Mar Rd EXHIBIT "C" EAGREE2020-0010 PROJECT NAME OMORI RESIDENCE; 7100 ESTRELLA DE MAR RD PROJECT NUMBER PD2020-0003