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HomeMy WebLinkAboutPD 2022-0025; Gomez, Alvin M.; 2023-0063131; 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# 2023-0063131 111111111111 lllll 11111 111111111111111 lllll lllll lllll 111111111111111111 Mar 13, 2023 09:30 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DI EGO COUNTY RECORDER FEES: $35.00 (S82 Atkins: $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-051-16-00 PROJECT ID: PD2022-0025 _;;...;;c_c....c.......---'-'--'-----,,-,---PROJECT NAME: GOMEZENCROACHMENT RELATED PROJECT ID: EAGREE2022-0030 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and ALVIN M. GOMEZ, TRUSTEE, THE GOMEZ TRUST OF 1998 DA TED SEPTEMBER 25, 1998 ("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 3333 Highland Dr. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 205-051-16-00, 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 General Utility and Street Access 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 and decorative walls 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, maintenance, use, repair or removal of the structure installed 1 Q:\CED\LandDevlPROJECTSIPD\PD 2022\PD2022-0025 Gomez Encroachment· Glassen\ENCROACHMENT AGMT.doc 9/5/2014 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: ALVIN M. GOMEZ, TRUSTEE, THE GOMEZ TRUST OF 1998 DATED SEPTEMBER 25, 1998 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:ICEDILandDev\PROJECTSIPDIPD 20221PD2022-0025 Gomez Encroachment -Glassen\ENCROACHMENT AGMT.doc 9/5/2014 this IN 't:J.llljESS WHEREOF, k ese parties hereto have executed this Agreement on 2 ~ ~ day of a C bu ' 20--2..1--, OWNER ALVIN M. GOMEZ, TRUSTEE, THE GOMEZ CITY OF CARLSBAD, a municipal TED SEPTEMBER 25, 1998 corporation of the State of California By: __ ...... __ ,.______.1::::::,<-------- ( Sign ere) r\ \ v, (\ fb Go vri e -z.. (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By ~~ RON KEMP Assistant City Attorney 3 R,9.i 63912 Exp. 9/30/2022 Q:ICED\LandDev\PROJECTSIPDIPD 2022\PD2022-0025 Gomez Encroachment· Glassen\ENCROACHMENT AGMT.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 a• A AMi 8 8 JIJO&<B 8 D 'JO(] [)t llf A notary publ1corotherofficer completing this ccrtif1c;ite verifies only the iclentityof the incl1v1dual who signed the document to whkh I his certificate Is attached. and not the truthfulness. accuracy, or validity of that document. State of C~rnl,1 , } County of~.()) e.fjO On IP\~6l™ bcfo1c me.'1:).f~~~~ n.tktc-;.Pv~\'t., 0a te H~~e and Title-of rii:tJfficcr peIsonally appemed -Pi\ \), f\.M,G O M-e..,""L., Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the pcrson(s) whose name(s) ls/arc subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized Cilpi3clty(les), and that by hls/her/thell slgnature(s) on the Instrument the peIson(s), or the entity upon behalf of which 1110 person(s) acted, executed the Instrument. .. BETHAMY TOR8Elr. ~otary Public • Cllllfornla I , San Oleta County _ Commission • 2355816 "'Y comm. ExplrH AQr 28, 2025 Place-Notary Seal and/or Stamp Above- I certify under PENAL TY OF PERJURY under the laws of the Stoic of California thut the foregoing p;ir;igrnph Is true ,md correct. WITNESS my hand and official seal. Slgnnturc ~ ~ ~ • ,.,...---;ignaO of Notary Public OPTIONAL Completing this information can deter alteration of the clocumcnt or fraudulent reattachment of this form to an unintendecl document. Description of Attached Document Title or Type of Document: Document Date: Slgner(s) Other Thon N;imed Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ____ _ o Corporate Officer -Tltlc(s): ______ _ o Partner -o Limited o General o Individual o Attorney In Fnct o Trustee o Guardi,m or Conservator D Other. Signer Is RepresenUng: _________ _ • 2019 Nmio11nl Nowry Associot,on 4 Number of Pnges: Signer's Name: o Corporillc Officer -Tltlc(s): ______ _ o Pmtner -o Limited o Gencml D lndlvldu;il D Attorney In Fact o Trustee o GuMdian or Conservator o Other: Signer Is Representing: ______ _ Q:\CED\LandDev\PROJECTSIPD\PD 2022\PD2022-0025 Gomez Encroachment· Glassen\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. 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. AJAY WICKERl-',AJ,1 Motary Public -California San Diego County . • Commission# 2401138 c.,.,o••'• My Comm. Expires "4)r 18, 2026 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. Place Notary Seal and/or Stomp Above s;gnat~Ag ' Sig?i'iiture 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 o Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ fflJ!OO:!l:o:o:o:0:o:a:aoo:B:o:8@81~oaoa:11~~0:0:08880~~ ©2019 National Notary Association EXHIBIT II A11 Legal Description of the Property THAT PORTION OF LOT 18 IN THE PATTERSON'S ADDITION TO THE TOWN OF CARLSBAD IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 565 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 22, 1888. Assessor's Parcel Number: 205-051-1600 EXHIBIT "B" Legal Description of the Easement A general utility and street access easement granted to the City of Carlsbad according to the Map thereof No. 1661, filed in the Office of the County Recorder of said San Diego County, March 1, 1915. ~ ~== ~-~ ~ -=-1 1111111111 I I I I· HOUSE . / _/ PAVEMENT CENTERLINE OF R.O.W. ·-·-·-·-·-·-- HIGHLAND DRIVE AREA OF ENCROACHMENT PROJECT NAME ENCROACHMENT FOR 3333 HIGHLAND DRIVE APN 205-051-16-00 AREA OF PAYERS PROJECT NUMBER PD2022-0025 EAGREE2022-0030 EXHIBIT C