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HomeMy WebLinkAboutPD 2021-0033; Garst, Shane & Jayme; 2022-0346382; 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# 2022-0346382 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Aug 30, 2022 09:25 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: -'2::..:0:....:5-'-1-'1:....:2c...::-2:...:1 ______ _ PROJECT ID: PD2021-0033 _:_=--:::..:..:::....:.....:....::....::....::....._ _____ _ PROJECT NAME: 3357 Adams Street RELATED PROJECT ID: EAGREE2022-0019 RELATED PROJECT ID: ROW2021-1056 ENCROACHMENT AGREEMENT This ENCROACHMENT A GREEMENT ("Agreem ent") is entered into between the CITY O F CARLSBAD ("City") and Shane Garst and Jayme Andrina Garst, husband and wife as joint tenants ("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 3357 Adams Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 205-11 2-21, 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 concrete driveway with rebar 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. (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 Q:\CED\LandDev\PROJECTS\PD\PD 2021\PD2021-0033 3357 Adams St -Elias\DIGITAL\INITIAL SUBMITTAL\ENCROACHMENnENCROACHMENT AGREEMENT -3357 Adams Street.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: Shane and Jayme Garst 3357 Adams Street 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 Q:ICEOILandDev\PROJECTSIPOIPD 2021\PD2021-0033 3357 Adams St -Elias\DIGITAL\INITIAL SUBMITTALIENCROACHMENT\City CommentslENCROACHMENT AGREEMENT -3357 Adams Street.doc 9/5/2014 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this j , 1hf day of 2 7 , 20-£G OWNER By ~~ CITY OF CARLSBAD, a municipal corporation of the State of California Foi<.. JASON S. GELDERT, ----1--...L(-Sig_n_H-er~e)~-'--- SHANE GARST By: _ ___.~~--n~t-#-g_n_H_r~e-) ,_e_) ____ _ JAYME GARST (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: D~MP~ Assistant City Attorney Engineering Manager RCE 63912 Exp. 9/30/2022 ~~<- ~l~,...t:r3?)z_ p.&_.5338( 3 Q:ICED\LandDev\PROJECTS\PD\PD 2021\PD2021-0033 3357 Adams St -Elias\DIGITALIINITIAL SUBMITTALIENCROACHMENnENCROACHMENT AGREEMENT -3357 Adams Street.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this cert~icate verifies only the identtty of the individual who signed tho document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be~ersor-Qwhose nam~ l~ar.,...,~"' to the within Instrument and acknowledged~ that he/sh~xecuted the same In his/ authorized capaclt~ and that by hls/h~lgnature(s) on the Instrument the perso~ o upon behalf of which the perso~cted, 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. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Docu~nt / ._/- Title or Type of Document: ,C/2 llroatlth1e(l+~<(IT Document Date: Ju/; .£.2 ;:l..t};?tl.. ~ ~ / -NumberofPages:_4,____ Signer(s) Other Than Nlmed Above: ---.P.==----------------- Capacity(les) Claimed by Slgner(s) Signer's Name: fu/t'l M ~--C o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General IJJ"lndlvldual o Attorney In Fact o Trustee o Guardian or Conservator D Other: Signer Is Representing: ________ _ <1:>2019 National Notary Association Signer's Name: JQY.fl,e A Qz:t,z$ T o Corporate Offi;ef--Tltle(s): ______ _ o ~rlner -o Limited o General ia'lndlvldual o Attorney In Fact o Trustee o Guardian or Conservator o Other: _____________ _ Signer Is Representing: ________ _ a ............ tr·r·aoitJN ........ j COMM # 2390594 SAN DIEGO County CahfornIa . Nolary PubhC : C Exo Feb 8, 2026 • ••••• '?~~ .......................... , 4 Q:ICED\LandDev\PROJECTS\PD\PD 2021\PD2021-0033 3357 Adams St -Elias\DIGITALIINITIAL SUBMITTALIENCROACHMENnENCROACHMENT AGREEMENT· 3357 Adams Street.doc 9/5/2014 CALIFORNIA ALL-PURPOSE 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 6 C\.'f\ ~d:'5 0 On l> ~/6 -a. j d0 d ci before me, Date C'ao.-~"e. K'Z>o -~\a,1 fvbh'c.. Here Insert Name and Title of the Officer personally appeared ___ 7=_._·_._, _,_0t-....:........:_o=---::\i-----'-'L....::uq.._ __ 0-'---'CA-==-(.,_'-(~D=--"-"'--"\ _________ _ '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 A ft ft ft ft ;:M :.;,E «:: ft O f -· Moury Public • CAl!fonlla i SAn 01.., County I Commission# 2341601 -~ ':: COf'llm. Exoir"' JAi' 1', 2025 t Place Notary Seal Above 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 CL rn~ ~ Signature of Notary Public ---------------OPTIONAL--------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document -<f'<'~ .Jc. Title or Type of Document: E:o C.C C&i.Cbrr:"~ h. t f+:'?(C Document Date: 0 .iflo ;)../ a).C d-~ Number of Pages: \ 'b Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ____________ _ L J Corporate Officer -Title(s): ______ _ I Corporate Officer -Title(s): ______ _ r l Partner -l Limited I General Partner -Limited I General I J Individual Attorney in Fact Individual Attorney in Fact l I Trustee Guardian or Conservator Trustee Guardian or Conservator I J Other: _____________ _ Other: ______________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1 -800-876-6827) Item #5907 Exhibit A EAGREE 2022-0019 LEGAL DESCRIPTION OF PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THE NORTHERLY 100 FEET OF THAT PORTION OF BLOCK 2 OF MULL'S ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OR SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 514, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 22, 1888, AND THAT PORTION OF THE STREET ADJOINING ON THE EAST AND SOUTH VACATED AND CLOSED TO PUBLIC USE BY ORDER OF THE BOARD OF SUPERVISORS MADE ON JANUARY 7, 1914, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH LINE OF SAID BLOCK 2, DISTANT SOUTH 89° 05' 00" EAST, 562.45 FEET FROM THE POINT OF INTERSECTION OF THE PROLONGATION WESTERLY OF SAID NORTHERLY LINE OF BLOCK 2 WITH THE WESTERLY LINE OF THAT CERTAIN UNNAMED STREET LYING IMMEDIATELY WEST OF AND ADJOINING BLOCK 1 OF SAID MULL'S ADDITION; THENCE SOUTH 89° 05' 00" EAST, 197.55 FEET TO THE INTERSECTION WITH THE CENTER LINE OF SECOND STREET, NOW VACATED; THENCE SOUTH 00° 52' 00" EAST ALONG SAID CENTER LINE 285.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00° 52' 00" EAST, 180.0 FEET TO THE CENTER LINE OF FIRST AVENUE, NOW VACATED; THENCE ALONG SAID LAST MENTIONED LINE NORTH 89° 05* 00" WEST, 197.55 FEET TO A POINT; THENCE NORTH 00° 52' 00" WEST, 180.00 FEET; THENCE NORTH 89° 05' 00" EAST, 197.55 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT "B" EAGREE 2022-0019 EASEMENT DESCRIPTION A PUBLIC STREET GRANTED TO THE CITY OF CARLSBAD, AS SHOWN ON MAP NUMBER 514, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 22, 1888. . . EXHIBIT C APN: 205-112-21-00 3357 ADAMS ST BLOCK 2 MAP 514 EAGREE 2022-0019 AREA OF ENCROACHMENT IN PUBLIC RIGHT OF WAY EJjL 0~ CONCRETE DRIVEWAY WITH REBAR AT 16OC ~Lvem~~t- ---16 FEET--- ADAMS STREET z --->