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HomeMy WebLinkAboutCDP 2020-0044; Gibson, Curtis and Debra; 2021-0623481; 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# 2021-0623481 11111111111111111 11111111111111111111 IIIII IIIII 11111 11111111111111111 Sep 01, 2021 03:31 PM O FFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $110.00 (SB2 Atkins: $75.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-160-15-00 _.=;::.;:;_~~~::;__ ____ _ PROJECT ID: CDP2020-0044 PROJECT NAME: GIBSON FAMILY RESIDENCE RELATED PROJECT ID: EAGREE 2021-0009 RELATED PROJECT ID: __________ _ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Curtis Eugene Gibson ·and Debra Lee Gibson, Trustees of the Gibson Family Trust dated 11/10/2005 ("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 4285 Hillside Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-160-15-00, 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 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 8-inch and 12-inch PVC storm drain pipe, rip-rap, trench drain, and 36-inch catch basin 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:\CEO\Land0ev\PROJECTS\CDP\CDP2020\COP2020-0044 Gibson Family Residence· Chua\ENCROACHMENT AGMT.doc 9/512014 (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, 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 f1,1II 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: Curtis and Debra Gibson 7089 Leeward Street Carlsbad, CA 92011 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:\CEO\LandOev\PROJECTS\CDP\CDP2020\CDP2020-0044 Gibson Family Residence -Chua\ENCROACHMENT AGMT.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. IN WITJ~ESS WHEREOF, thes~ parties hereto have executed this Agreement on this ___ ...._\Vl_,_ day of 1~0 ~-t , 20..2.J__. . OWNER Curtis Eugene Gibson and Debra Lee Gibson, Trustees of the Gibson Family Trust dated 11 /10/2005 By: cha ~.~4L (Sign re) Curtis Eugene Gibson · (Print Name Here) By ~ Debra Lee Gibson (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California Q:\CED\LandDevlPROJECTS\CDP\COP2020\CDP2020·0044 Gibson Family Residence· Chua\ENCROACHMENT AGMT.doc 9/512014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 J ii Ji r i B 88U B 8 88 i i i J 88 ! BB i! HH■ . ■ ■- A notary public or other officer completing this certificate verifies only the identfty of the individual who signed the document to which this certificate ls attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be tho person(s) whose namo(s) ts/are subscllbed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ············1 • • , CONNOR KN.ACK ~ i)·~ Notary Public• C•llfornia : ~ ~ .;,:. ·, !.; San Oie-!O County > • • ,. Commission# 2361885 - 4 ,•c•4~· 1'A-y (Ort!'r. E.x::,irts Jun 19. 202S Place Notory Seal and/or Stamp Ab<>ve I certify under PENAL TY OF PERJURY under the laws of the State of Callfornla that the foregoing paragraph Is tr1;1e and correct WITNESS my hand and official seal. s,g~w,e Qt SignatureofNory 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: ___ _ Slgner(s) Other Than Named Above: ____________________ _ Capadty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tlfle(s): ______ _ □ Corporate Officer -Ttue(s): ______ _ o Partner -□ Limited □ G1meral o Partner -□ Llmltod □ General □ lndlvldual a Attorney In Fact □ lndlVldual a Attorney In Fact □ Trustee a Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: _____________ _ Sl171er Is Representing: ________ _ Signer Is Representlno: ________ _ e 2019 National Notary Association 4 Q:\CEDILandDev,PROJECTS\CDPICDP2020\CDP2020-0044 Gibson Family Residence · Chua\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 5°C<n --Ot'~ CjO } On /tU 1 i) Sf-( tf , 2.-0 '2-\ before me, Date (3"/rs·s/1 1oVA r, No k-'I f1,1bf,'c . Here Insert Name and Title of the Officer personally appeared J/1 S'P•"\ s'·. Ge ( cl(!.,y-r:: 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. eeeeeeeef . ELISSA TOVAR Notary Public • (;11iforni;1 2 San Oi~o County i: Commission 1123232&2 - y Comm. Expires Milr a, 2024 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 ---0?---~~-~----------- 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: [?,,, (_ tOP'-C.hJ'Y'::e.+1± A,Jr~+ Document Date: _______________________ 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 -o Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: D Other: Signer Is Representing: _________ _ Signer is Representing: _________ _ ©2018 National Notary Association EXHIBIT "A" EAGREE 2021-0009 PARCEL 2 OF PARCEL MAP NO. 21808, 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 SEPTEMBER 18, 2020 AS FILE NO. 2020-7000324, OF OFFICIAL RECORDS. bl-tA, Inc.· land plamlng, cMI engineering, surveying 5115 AVENIDA ENONAS SUITE •L• CARLSBAD, CA. 92008-4387 (760) 931-8700 CITY OF CARLSBAD ENCROACHMENT GIBSON FAMILY RESIDENCE GR2021-0009 CDP2020-0044 DATE: 06/18/21 1 OF 1 EXHIBIT "B" EAGREE 2021-0009 THAT PORTION OF HILLSIDE DRIVE DEDICATED FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ACCORDING TO PARCEL MAP NO. 21808, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2020 AS FILE NO. 2020-7000324, OF OFFICIAL RECORDS AND THAT PORTION OF Hf LLSIDE DRIVE OED/CA TED FOR PUBLIC USE PURPOSES PER MAP NO. 2152 RECORDED ON MARCH 7, 1929 AS FILE NO. 29-013493. RONALD L. HOLLOWAY~ bltAlnc. land plannhg, clvl engtneedng, surwyhg CITY OF CARLSBAD ENCROACHMENT GIBSON FAMILY RESIDENCE GR2021-0009 CDP2020-0044 DATE: 06/18/21 1 OF 1 5115 AVENIDA ENCINAS SUITE "L" CARLSBAD, CA. 92008-4387 (760} 931-8700 EXHIBIT "C" LEGEND EAGREE 2021-0009 (J) 18• RCP STORM DRAIN -IMPROVEMENTS PER OWG 530-2A (g) RIP-RAP -ENCROACHMENT IN RIGHT OF WAY CT) TRENCH DRAIN -ENCROACHMENT IN RIGHT OF WAY @ 35• CATCH BASIN (C-1) -ENCROACHMENT IN RIGHT OF WAY @ 12• PVC STORM DRAIN -ENCROACHMENT IN RIGHT OF WAY @ IMPROVEMENTS PER DWG 524-9 (Z) IMPROVEMENTS PER DWG 530-2A @ EXISTING 48" RCP STORM DRAIN @ AREAS TO BE PR/VA TEL Y MAINTAINED @ 8" PVC STORM DRAIN-ENCROACHMENT IN RIGHT OF WAY 30' 15' VICINITY MAP PROJECT BOUNDARY j::) \. f)~~<~ c,Q a> 1 NTS RO~k H~ R.C.£. 29271 bl• I APN 206-160-15 NA, nc. IMPROVEMENTS PER CITY OF CARLSBAD DWG 524-9 & 5J0-2A land planrmg, cMI englneerlng. surveyklg 5115 AVENIDA ENCINAS SUITE "L" CARLSBAD, CA. 92008-4387 {760) 931-8700 CITY OF CARLSBAD ENCROACHMENT GIBSON FAMILY RESIDENCE GR2021-0009 CDP2020-0044 DATE: 06/18/21 1 OF 1