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HomeMy WebLinkAboutMS 2018-0006; Ianni Living Trust; 2021-0589755; Encroachment AgreementDOC# 2021-0589755 111111111111 lllll 11111111111111111111111111111111111111111111111 1111 Aug 18, 2021 04:36 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD SAN DIEGO COUNTY RECORDER FEES: $35.00 (S82 Atkins: $0.00) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.; _2_0_4_-2_3_2_-1_2_-o_o _____ _ PROJECT ID: MS2018-0006 -----------PROJECT NAME: BREAKERS VIEW BEACH HOMES RELATED PROJECT ID: EAGREE2021-0003 RELATED PROJECT ID: PUD2018-0006 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Michael Jason Ianni and Shauna L. Ianni, as Trustees of the Ianni Living Trust dated September 15, 2011("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 3648 Carlsbad Boulevard within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 204-232-12-00, 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 permeable 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. (8) The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, 1 Q:ICED\LandDev\PROJECTS\MS\MS2018\MS2018-0006 (see PUD2018-0006)\ENCROACHMENT AGMT.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: Jason & Shauna Ianni 2337 Catalina Ave Vista, CA 92084 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 2 Q:\CEO\LandDevlPROJECTSIMSIMS2018\MS2018-0006 (see PUD2018-0006)\ENCROACHMENT AGMT.doc 9/5/2014 such signature(s) thereby bind such party. this IN WIT~ESS WHEREOF, these parties hereto have executed this Agreement on II r. day of /1?(h'"C-4J , 20_l:L. OWNER Michael Jason Ianni and Shauna L. Ianni, as Trustees of the Ianni Living Trust dated September 15, 2011 B~ ;//_:::, -v' --~--iSTgn Here) Michael Jason Ianni (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engine n ~-.,..... ... 3 Q:ICED\LandDevlPROJECTSIMSIMS2018\MS2018-0006 (see PUD201 8-0006)'ENCROACHMENT AGMT.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 .So." \/ I e ~ D On ~("Of'\ \ \ 1 1,-0 '2-,, \ Date before me. ~W:'OvrC--b \~(\-\i)(), t0 o~i~ pv-..½\",c..' Here Insert Name and Title of thet3fficer personally appeared ----'~~\_c}J\_.c...c...=ci)c..,__----'G=-..,("'-,..=s--'o'-'0.---'"1-:;__;r;.._'---'-(\---'-('-.~--'-I -------------- 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. ~ . ~•~ ,,. BARBARA IIUNTON f -Notary Public -Californi• i " '4 . • San Dieiic> County ! ~ Commission II 2329989 - My Comm. Expires Jun 27, 202◄ 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. s;gnature ~~ ~reoNotaryPubhc 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: _~_0_c.._r_o=u~c._l/\._lV"_e.A.:¼-,___~ft~6::1-c_e,,_1J_f"\(!,1'::k __________ _ Document Date: 's -\\-c)...\ . Number of Pages:_3 ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ____________ _ o Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited o General □ Partner -□ Limited o General □ Individual o Attorney in Fact □ Individual o Attorney in Fact B"Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ~:~:ffll®mo:mos~:8 o ~r'llll:81~ ©2019 National Notary Association 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 _ __;;S=---..:...a.=V\-'----"'D'--,'-e.::....Cj..,.+-0_---- On ---➔l-1-/_,,'?>'--"0'---,:li--:2'-'1 ____ before me, ____:€~..L!li..>!.s~s:.?::.et.1..-·::Iti...Jl=\/IILjaA..-Lr __ l ..L~..::.iO..t..:hM:.1..=:!.......::J~'--B.l...uw. ... b:...1\...:..,-=G,=----_, Date Here Insert Name and Title otlhe Officer personally appeared ____ __,,··JLi"'-"'-'~~S:,e:_OY'.:....' ;__,,=.S_·-"'-6~: .... e .... l~Gktr<:..·~---=+_· ---------- 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 ___ c~:.......,~..,~-€P-.=------------- ~ature 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: ehlt'"Ot?Jltwv,~ &J r~+ Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ o Corporate Officer -Title(s): ______ _ o Corporate Officer -Title(s): ______ _ o Partner -o Limited o General o Partner -□ Limited □ General o Individual □ Attorney in Fact o Individual □ Attorney In Fact o Trustee □ Guardian or Conservator o Trustee □ Guardian or Conservator D Other: o Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2018 National Notary Association EXHIBIT "A" EAGREE 2021-0003 REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: LOT "P" IN BLOCK 2 OF PALISADES HEIGHTS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 11, 1924. PARCEL 2: A RIGHT OF WAY FOR ROAD PURPOSES OVER AND ACROSS THE NORTHEASTERLY 15.0 FEET OF LOTS "Q" AND "R" IN BLOCK 2 OF PALISADES HEIGHTS, IN THE CITY OF SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 1777, FILED IN THE OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JANUARY 11, 1924. SAID RIGHT OF WAY IS FOR THE BENEFIT OF AND APPURTENANT TO PARCEL 1, HEREIN DESCRIBED, AND SHALL INSURE TO THE BENEFIT OF AND MAY BE USED BY ALL PERSONS WHO MAY HEREAFTER BECOME THE OWNERS OF SAID APPURTENANT PROPERTY OR ANY PARTS OR PORTIONS THEREOF. APN: 204-232-12-00 EXHIBIT "B" EAGREE 2021-0003 THAT PORTION OF CARLSBAD BOULEVARD (FORMERLY CALIFORNIA STATE HIGHWAY) DEDICATED FOR PUBLIC STREET PURPOSES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ACCORDING TO MAP NO. 1777, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JANUARY 11 , 1924. ' EXHIBIT "C" © EAGREE 2021-0003 I I -~--~ 20' 10' o· 20' I . · .. 1" = 20' ... LOT SCALE: Cl I :'.' .. ~ ·o· ~ I -:: 1~ w ... s/ I .. 07c ~ PROJECT 0 BOUNDARY en ~ ~ 0 ~ <( EXIST. 4.5' WIDE ~ CD CONCRETE SIDEWALK en _, 44 1 ~ EXIST. 6" <{ EXIST. 6" AC BERM u CURB & GUTTER i 100' LOT SO' SO' 'p' (£ 1 I ., PROJECT I . .. . BOUNDARY I ~ PM 13938 PARCEL 1 I ·? R/W LEGEND (1) PERMEABLE PA VERS -ENCROACHMENT IN RIGHT OF WAY VICINITY MAP NTS bl• I APN 204-232-12 HA, nc. IMPROVEMENTS PER CITY OF CARLSBAD DWG 527-4A land p1am1ro, cM englneertlg, surveying 5115 A VENIDA ENCINAS SUITE •L• CARLSBAD, CA. 92008-4387 (760) 931-8700 CITY OF CARLSBAD ENCROACHMENT BREAKERS VIEW BE'ACH HOMES MS 2018-0006 DATE: 03/04/21