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HomeMy WebLinkAboutPD 2022-0005; Gelbart, Allen M.; 2022-0220832; 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# 2022-0220832 111111111111 lll\l 111111111111111 illll 1111111111 lllll 11111 1111111111III May 24, 2022 09:32 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0 00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 2101141800 -----------PROJECT ID: PD 2022-0005 PROJECT NAME: GELBART RESIDENCE 5485 EL ARBOL DR RELATED PROJECT ID: EAGREE2022-0007 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Allen M. Gelbart "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 5485 El Arbol Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-114-18-00 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 decorative pavers to remain in a portion of the public street 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, maintenance, use, repair or removal of the structure installed 1 Q:\CED\LandDev\PROJECTS\PDIPD 2022\PD2022--0005 Gelbart encroachment -Ontiveros\ENCROACHMENT AGMT _PD2022--0005.doc9/5/2014 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: Allen Gelbart 5485 El Arbo! Drive Carlsbad CA 92008 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 th is Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. 2 Q:\CED\LandDev\PROJECTS\PD\PD 2022\PD2022-0005 Gelbart encroachment -Ontiveros\ENCROACHMENT AGMT _PD2022-0005.doc9/5/2014 ~ITNESS WHER~r,se parties he~have executed this Agreement on this _____ day of_:_:q:..:-_,__ ____ , 20 __ . OWNER, Allen M. Gelbart, Allen Gelbart Trust dated Ju By ~.J (Sign Here) A Ile,.; M. G~/ hA /l. t (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engine ing Manager Q:ICED\LandDev\PROJECTS\PDIPD 2022\PD2022-0005 Gelbart encroachment-Ontiveros\ENCROACHMENT AGMT _PD2022-0005.doc9/5/2014 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 $:an I), ~o On April 2l£, 2'>22 before me. A\ G\.'\ 5'.b, ~, f\JoTh~ B,hlic., Date .A\\ ~ J\ ;Jere lnst'f Naednd Tit/~ fftcer personally appeared e\l\ \ V \. {.:!'le,.. b~ r+ Nam~ of Signerfr;) who proved to me on the basis of satisfactory evidence to be the perso~ whose name!&} Isl-subscribed to the within Instrument and acknowledged to me that he/~ executed the same In hi~ authorized capaclty!le6), and that by hl~r slgnaturei-) on the Instrument the person'5l, or the entity upon behalf of which the personf§l acted, executed the Instrument. ·········••( ..... , Nota~~~b~i~~l~~~~rnia r San Diego County ~ Commission# 2251375 My Comm. Expires Jul 27, 2022 Place Notary Seal and/or Stomp 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. "'""""~ ~ff--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: _________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General □ Partner -□ Limited □ General o Individual o Attorney In Fact □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee o Guardian or Conservator D Other: D Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ <02019 National Notary Association 4 Q:ICED\LandDev\PROJECTS\PDIPD 2022\PD2022-0005 Gelbart encroachment -Ontiveros\ENCROACHMENT AGMT _PD2022-0005.doc9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 01 t0eoo8080:808000:I 1:000 B00:81J:o:000:o:0:010000808:00088fl03 1:0 0l):(] D [):8 8 o:800080080801DO c0 000 O:iJ C B-8 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 50 ~ ~ \:&j 0 } On t---Alkj lO ' 1--o i '1-before me, l..e t.e,,\)~ cWv1a. v\d--Q-i... I ,Jam~ e ..u\,kc., Date \ Here Insert Name and Title of the Offic personally appeared ~ ClS Oy\ S , l2?\~ flv:t:: 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. ········~ CECELIA FERNANDEZ Notary Publk • C•ltfornta San DlfiO County I Commission I 233<1735 - y Comm. Expires Oct 30, 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. Signature -~-------"'~=----==---------- 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: _________ _ 80800:0:8{):08f)Oc0O0@UIJ0:80:000:0O1 IJIJOOOIJ80@0@:0:8:0:80CI0181 IJ:800:00000BOBOC :80 0 B-OO0CI 11 ~:008000:B:0 800 ©2018 National Notary Association EXHIBIT "A" PROPERTY DESCRIPTION Lot 182 of Terramar Unit 6, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4064, filed in the Office of the County Recorder of San Diego, January 27, 1959. APN: 210-114-18-00 EAGREE2022-0007 5485 El Arbol Dr EXHIBIT "B" EASEMENT That portion of El Arbol Drive dedicated as a public street dedicated per Terramar Unit 6, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 4064, filed in the Office of the County Recorder of San Diego, January 27, 1959. EAGREE2022-0007 5485 El Arbol Dr \ \ \ \ ' '3 ' ~ w 185 Exh ibit "C" Cannon Park <!} "% g, ~ ' 11 ;f.0yota Carlsbad Q Q Bob Baker Hyundai Monza no DR Carlsbad Premium Outlets Q \ ~ ' 0\ w 1114 ln-N-Out Burger .0 q/o l'>Jq '/""/.· ,n "-?:lo'"? Windmill F~~~ Y°' -90' I k ~~data ©2021 Google \ 720.()5' \ (J'\ . ~ O'\ . 'I, 't. ~ °'. w w 5485 El Arbo! DR ld-9 /82 Cl) Pavers encroachment in right-of-way City of Carlsbad Encroac . 12/1/2021