Loading...
HomeMy WebLinkAboutPD 2022-0027; Pinard, Robert and Piazza, Audra; 2023-0063134; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY {)F CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2023-0063134 1111111111111111111111111111111111111 lllll 111111111111111 1111111111111 Mar 13, 2023 09:30 AM 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.: 2100631100 _;;.;..;..;;...c...;;._ _______ _ PROJECT ID: DEV2022-0212 PROJECT NAME: PINARD RESIDENCE 5301 LOS ROBLES DR RELATED PLAN ID: PD2022-0027 RELATED PERMIT ID: _P __ C __ 2...;.0_22 ..... -0-:-0--3_1 _____ _ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Robert Pinard and Audra Piazza, 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 5301 Los Robles Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-063-11-00, 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 and utility 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 private decorative pavers 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, 1 llfiles01v\Oepartments\CEDll.andDev\PROJECTSIPDIPD 20221PD2022·0027 Pinard Residence · Ontiveros\B & AIENCROACHMENT AGMT_EAGREE2023-0001.doc 9/5/2014 damages, or expenses resulting from the construction, 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: Robert Pinard and Audra Piazza 6403 Meadowcrest Lane Flower Mound, TX 75022 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. 2 \lliles01 v\OepartmentslCED\LandDev\PROJECTSIPDIPD 2022\PD2022-0027 Pinard Residence -Ontiveros\B & AIENCROACHMENT AGMT _EAGREE2023-0001.doc 9/5/2014 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. ~WITNESS WHERE;..OF, these parties hereto have executed this Agreement on this ___ .?'---e::> __ day of t l!:..13 r:u nn .1 , 20 Z-3 ,OWNER, Robert Pinard and Audra Piazza, husband and wife as joint tenants :::::::-,., By:--:-z~--~------- (Sign Here) Robert Pinard (Print Name Here) By: ____ -_l1~1 =ki~fs .... ~--gn_H_e+~,.,......,.------ Audra Piazza (Print Name Here) APPROVED AS TO FORIVI: CINDIE MCMAHON City Attorney By: Senior Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California \Viles01v\Oepartments\CED\LandDevlPROJECTSIPDIPD 2022\PD2022-0027 Pinard Residence -Ontiveros\B & AIENCROACHMENT AGMT_EAGREE2023-0001.doc 9/5/2014 TEXAS NOTARY ACKNOWLEDGMENT State of Texas County of _DENTON_ Before me, ....c.~-.,..u,,::""'--__.~9 -;.::;......i.=., on this day personally appeared_ Robert Pinard and Audra Piaua_, known to me ~s Drivers Licenses_ to be the persons whose name is subscribed to the foregoing instrument (ENCROACHMENT AGREEMENT -DEV2022-0212) and acknowledged to me that they executed the same for the purposes and consideration therein expressed. {seal} ,,,11111,,, KHUSHI SAJJAD ,, ,,.._~Y Pf.J/-'., ./.?';:1.,;-~ Notary Public, State of Texas ~~)._"~}~: Comm. Expires 02-03-2024 ~'0°,··or~,·t /' Notary ID 130522674 1111\ CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ·~Jl~ 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 C If") Qlf Counhof I I On ✓t 2oi3 Date personally appeared ------'c:-:::.f---'-'---'--+-":....__,_ _ _,,,,'-------'L....J--1,-_._,,"-'-L..L---'------------ , ~ 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 sa me 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. . - . •· •, AMY WICl<ERHAM '' ...... ~ -; Notary Pu.blic • Califomia f • , = San OiE1(l County _ .. , Commwion#2401138 "·•·••••'• My Comm. Expires Apr 18, 2026 - 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. ~(1 I <:: ~ t Signature v 's·gn oture 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: o Corporate Officer -Title(s): o Corporate Officer -Title(s): o Partner -o Limited o General o Partner -o Limited o General D Individual o Attorney in Fact D Individual o Attorney in Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: D Other: Signer is Representing: Signer is Representing: 08!8ti:o o:o:0:o:o:o:00808ffl)ll c :o 0:0 o@:olffl I coo 000 980@:0:o o 0:1 co:9:00 ~8880000 J 1~ om o aoo:88ff.8;0:o@ 0 o:oo oo ©2019 National Notary Association "EXHIBIT A" PROPERTY LEGAL DESCRIPTION PD2022-0027 EAGREE2023-0001 THE REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 76 OF TERRAMAR UNIT 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2758, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 5, 1951. JAKE D. LOGAN, PLS 9042 DATE "EXHIBIT B" RIGHT-OF-WAY LEGAL DESCRIPTION PD2022-0027 EAGREE2023-0001 THAT PORTION OF THE LOS ROBLES DRIVE PUBLIC RIGHT-OF-WAY AS DEDICATED ON THE MAP OF TERRAMAR UNIT 2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2758, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 5, 1951. JAKE D. LOGAN, PLS 9042 DATE N b N a:i ,-.. b N ..... I I 3: I i 0 ..... ..... f,J O> I() (/) - I I I EXHIBIT "C" PD2022-0027 EAGREE2023-0001 LOS ROBLES DRIVE (S 30°38'50" E 60') ------~ ' DRIVEWAY PA VERS ' /) ;.\~•~:_(.:,f /?:""'-,/ --- ·o l'0 SHEET 1 OF 1 SHEET LEGEND: ( ) BEARINGS AND DISTANCES PER MAP NO. 2758 I I 20 10 0 20 40 ~~Ip> [N](Q)D ~155(83 [L(Q)7i 1® APN: 210-063-11 (S 30°38'50" E 60') ,-.. b N ..... 3: i I ~ .~ f,J I I O> I() (/) - I I 1--1 SCALE IN FEET SCALE: 1" = 20' JAKE D. LOGAN, PLS 9042 DA TE