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HomeMy WebLinkAboutPD 2022-0023; Hazelton, Gerald A. and Hazelton, Dolores L.; 2023-0049737; 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# 2023-0049737 l llllll /1111 Hiil llHI 111/ IIHII HIii Hiil 1111111111 IHH 11111 IHI IHI Feb 27, 2023 02:04 PM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES: $35.00 (S82 Atkins: $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _;2 ____ 1_;_6_-4_84 ....... -....... 03 ....... -_oo;_ ____ _ PROJECT ID: -'P;_;D::..;2::..;0:.::2=2-'-0c..::.0=23;:__ ____ _ PROJECT NAME: Hazelton Encroachment RELATED PROJECT ID: EAGREE2022-0027 RELATED PROJECT ID: ROW2022-0745 ,,. ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Gerald A. Hazelton and Dolores L. Hazelton, 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 at2141 Levante St. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 216-484-03-00, 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 whi ch 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 and artificial turf 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, 1 Q:ICED\LandDev\PROJECTSIPD\PD 20221PD2022-0023 Hazelton EncroachmentlENCROACHMENT AGMT.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: Gerald A Hazelton and Dolores L. Hazelton, husband and wife as joint tenants which addresses may be changed from time to time by providing notice to th e 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:\CED\LandDevlPROJECTSIPDIPD 20221PD2022-0023 Hazelton EncroachmentlENCROACHMENT AGMT.doc 9/5/2014 .,, IN WITNESS WHEREOF, these parties hereto have executed this Agreement on . this :3 o-J:6 day of "Jg n Li(tt. ~ , 20 23 . ., OWNER Gerald A. Hazelton and Dolores L. Hazelton By '4w£f,f. ~ / (Sign Hern) ~0 A-, ~2'?\ 1:oV1 (Print NameRere) · . B~/ s-nHere)-==--==--- ·n oLoe.E.5 L. 1--JA 2e Lt-DN SEE AT~/~lif ~.KL~ff~~IA ALL·PURPOSE ACKNOWLEDGEMENT OR CALIFORNIA JURAT WITH AFFIANT STATEMENT DATED...J2.L/'1O /~$ APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By !D~EM~ ., Senior Assistant City Attorney ., 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engin Q:ICEDILandDev\PROJECTS\PDIPD 20221PD2022-0023 Hazelton Encroachment\ENCROACHMENT AGMT.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 ~ D\eao ) On 01 /.So/z,oz3 before me, --S-A ...... __._,KaOU..,...Cvi.3"f$'--f"=~'-f-( ,_,,'\-"'-(2:iz,r.-=--a.t14-...,__e.....,1A-b ..... 1t· .... C«~--- Date Here"1sert Name and"r7tte ~f the Officer personally appeared _ __.La~e=-ro.=· l""'&..__ ...... A,._.._\-....,k:1t.-el,...._,_+QV\WL+----~ ....... ll\£....,l..___U,...h...,\.-u.L.Jre ..... S.___..,L'-'-. ___._\-\a,.,...._z_,.,,t\....._1""'oV'.\'-'--__ 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 acknoll'Jtedged 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 tt,a person(s) acted, executed the instrument. ············1 a A.IWIEGAI ~ Notary Public · CJllfornla i5 I San OlflO County ~ Commission# 2-425162 My Comm. Explrts Nov 4, 2026 Place Notary Seal 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 of . ---------------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 Title or Type of Document: €,n ... ~~ Pv.u«r:ret\-+:: Document Date: o,/3o/-z-o'Z1 Number of Pages: " Signer(s) Other Than Named Above: ;l4.sc,"' S. l,c.\J.ecl--, flor\ ~p Capacity(ies) Claimed by Signer(s) Signer's Name: <aam\d A l-k-u,\\M D Corporate Officer -Title(s): ______ _ Signer's Name: i)c,\orc,.S. \..... \15,u\to.,\ D Corporate Officer -Title(s): ______ _ □,Partner -D Limited D General B lndividual D Attorney in Fact D Partner -D Limited D General G1'1ndividual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: --------~-Signer Is Representing: ________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 fflMl EIU{M] D D O [l,{] D D [ffl:{10888(!:{llllJtl:!JJ] D D D D D D :0 ll ti tl:0880 D D J D O D D D D D D D D D [J; [iilJ00UlJ8111flll8j 1:11ouoo:t10IJIJOOO 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 Coun W\aa m orZ On -----~--~,...._--rf fere 'F"',.__.--Li1---e-lJ----='----=-,.---''---l----'-----'"'-.J--..:.._-+-~_:....,__, personally appeared -~._,._ __ V_V __ '------~{~~__...,~-------------- ~ 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. s;gn~------------ 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: __________________ --=--=-- Signer(s) Other Than Named Above: --------::..,,,,.,,,.'------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ______ 7"",e:::_ ____ _ □ Corporate Officer -Title . ______ _ D Partner -□ Limit General D lndividu □ Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual □ Attorney in Fact D Trustee □ Guardian or Conservator D Other: Signer is Representing: _________ _ t1@1[J;{I O 0011:(101 i!i 1~: )080600 ~00000 8 8 0 8 8(1060 !J6880@UO:OOOll!l U0:0 fJOIIJ(g~ ©2019 National Notary Association Exhibit "A" LOT 85 OF CARLSBAD TRACT 75-7 (GREEN VALLEY KNOLLS) IN THE CITY OF CARLSBAD, COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8379, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 14, 1976. APN: 216-484-03-00 " " " 5 Q:ICED\LandDev\PROJECTSIPDIPD 2022\PD2022-0023 Hazelton Encroachment\ENCROACHMENT AGMT.doc 9/5/2014 Exhibit "B" .,, That portion of Levante Street ,jedicated as a public street dedicated per Carlsbad Tract No. 75-7 (Green Valley Knolls), in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 8379, filed in the Office of the County Recorder of San Diego, September 14, 1976. .,, .,, &::I I I SIDEWALK ., LOCATION GARAGE EXISTING DRIVEWAY MAP NOT TO SCALE EXIS TING DRIVEWAY AREA OF ENCROACHMENT \ LEVANTE STREET (DECORATIVE PA VERS) PROJECT NAME HAZEL TON RESIDENCE 2141 LEVANTE ST APN 216-484-030 PROJECT NUMBER EAGREE2022-0027 ROW2022-0745 \ PLOm:D BY: Nlal<H FINE PLOT DATE: 1/4/2023 PA1H:Q: \aJJ\1..ANDDfV\PRO.ECTS\PO\PD 2022\P02022-002J HAZE.I.TON fNCR0AallJENT\fAGREE2022-0027.DWG \ EXHIBIT C