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HomeMy WebLinkAboutPD 2021-0041; Clark, Stephen and Bernadette; 2021-0866003; Encroachment AgreementDOC# 2021-0866003 111111111111111111111111111111111111111111111111111111111111111111111 Dec 27, 2021 11:37 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COlJNITY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD PAGES: 8 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 VARCEL. NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 215-680-13-00 PD2021-0041 CLARK RESIDENCE EAGREE2021-0018 ROW2021-0852 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Stephen D. Clark and Bernadette M. Clark, 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 7125 Rockrose Terrace within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-680-13-00, 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 Right of Way 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 Pavers to remain in a portion of the Public Right of Way 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: 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. 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 https://carlsbadca1gov-my.sharepoint.com/personal/valray_nelson_carlsbadca_gov/Documents/Desktop/EAGREE2021-0018 PAVERS AGREEMENT.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 Aqreement. 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: Stephen D. Clark and Bernadette M. Clark, husband and wife as community property 7125 Rockrose Terrace 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 Assiqns. 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 https://carlsbadca lgov-my.sharepoird.com/personal/valray_nelson_carlsbadca_gov/Docu men ts/Desktop/EAG REE2021-0018 PAVERS AGREEMENT.doc 9/5/2014 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. Enginee ELDERT, Man g r E 63912 Exp. 9/30/2022 OWNER, Stephen D. Clark and Bernadette M. Clark, husband and wife as community property By: (Sign Here) f--3iFt071T7-7zi (Print Stephen D. Clark Here) (Sign ere) ryt cz fk hi • C fc fit (Print Bernadette M. Clark Here) By: such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 1 day of De..C-64-v, , 20 APPROVED AS TO FORM: CELIA BREWER City Attorney By: r)2 RON KEMP Assistant City Attorney 3 https://carlsbadca1gov-my.sharepoint.com/personal/valray_nelson_carlsbadca_gov/Documents/Desktop/EAGREE2021-0018 PAVERS AGREEMENT.doc 9/5/2014 EXHIBIT A LOT 59 OF CITY OF CARLSBAD TRACT NO. 90-38, AVIAR.A PLANNING AREA 26 NORTH UNIT 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13143, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 16, 1994. EXHIBIT B A general utility and street easement granted to the City of Carlsbad according to the Map thereof No. 13143, filed in the Office of the Recorder of said San Diego County, September 16, 1994. PLATE OF PROJECT HOUSE Drive Way Dimension of driveway ////.. • //"/ Dimension of public right of way Area of encroachment (Decorative Pavers) 7125 Rockrose Terrace Scale: 1/20" = 1 ft PROJECT NAME: Encroachment for Bernadette & Stephen Clark PROJECT NUMBER: ADDRESS: 7125 Rockrose, Carlsbad, CA 92011 EAGREE 2021-0018 EXHIBIT 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: ene_A-d- Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer — Title(s): O Partner — 0 Limited o General o Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator ci Other: Signer is Representing: Signer's Name: o 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: 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 (L." \-)k On 12_ before me, sSrA \lax kw/ Ri‘oV Date Here Insert Name and Title of the Officer personally appeared •St tr,&rtD_ Clay V- (An d Sex n Acie++-e 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. ELISSA TOVAR Notary Public - California San Diego County Commission # 2323282 — My Comm. Expires Mar 8, 2024 Signature Place Notary Seal and/or Stamp Above ignature of Notary Public nopmorgiamiautga[worwaggek .Rg i.: ©2018 National Notary Association CECELIA FERNANDEZ Notary Public - California z San Diego County Commission # 2334735 — My Comm. Expires Oct 30, 2024 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,)3,v-\ IN‘-et) On t Cev 1/2-02-1 before me, cecekik. ie{knatIck-L, P6k76Ply PIA .c_. Date Here Insert Nome and Title of the Officer personally appeared • 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 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: OCorporate 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: ID Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator o Other: Signer is Representing: ipAagtw/wwfwaga_ ©2018 National Notary Association