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HomeMy WebLinkAboutPD 2020-0008; Church, Barry A. & Shanna L.; 2023-0285592; 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# 2023-0285592 1111111111111111111111111111111111111 111111111111111111111111111111111 Oct 19, 2023 10:18 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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:.::6-=·2:..;;0.;::..0·..::.0...:...4-0..::..;::..0 ____ _ PROJECT ID: EAGREE2020-0011 PROJECT NAME: Church Residence RELATED PROJECT ID: ....:P....:D=-:2:..;;0.::.20;:;_-0.;::..0=-=0~8 _____ _ RELATED PROJECT ID: _P_R2____;0_2_0-0_0.;_1_0 _____ _ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Barry A. Church and Shanna L. Church, Trustees of the Church Family Trust, dated September 19, 2019 ("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 Adams Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-200-04-00, 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 a CMU retaining wall 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 /Users/barrychurch/Downloads/ENCROACHMENT 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: Barry A. Church & Shanna L. Church 1072 Wiegand Street Encinitas CA 92024 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:ICED\LandDev\PROJECTSIPDIPD 2020\PD2020-0008 Church Residence -Chua\ENCROACHMENT AGMT -EAGREE2020-0011.doc9/5/2014 IN WITNESS WHERE.OF, these parties hereto have executed this Agreement on .:2 0 day of ~ Ll { ¥ , 20 2.3. this OWNERS: Barry A. Church and Shanna L. Church, Trustees of the Church Family Trust, dated September 19, 2019 CITY OF CARLSBAD, a municipal corporation of the State of California Q ~l\.)v.--(. ~ CjJ ., 0 f) . . .,1 ___.JAS~N ~j 3ELDERT, By: _/-_J _-_ _;;_ 4" ____ ~--------_ Engineen Manager (Sign Here) Barry A. Church-Trustee 4 :nt Name Here) By: VJ()q ct Mwrt, (Sign Here) Shanna L. Church-Trustee (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: u~Ka.t Senior Assistant City Attorney 3 /Users/barrychurch/Downloads/ENCROACHMENT AGMT.doc 9/5/2014 EXHIBIT 'A' LEGAL DESCRIPTION FOR SUBJECT PROPERTY EAGREE 2020-0011 18-045 6/19/23 THE WESTERLY 75 FEET OF THE EASTERLY 150 FEET OF LOT 6 IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE SIDE LINES OF SAID PROPERTY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 150 FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID EASTERLY 150 FEET. CONTAINS 21,203 SQUARE FEET, MORE OR LESS. 18045.LGL 1 of 1 EXHIBIT 'B' LEGAL DESCRIPTION FOR PUBLIC STREET & UTILITY EASEMENT EAGREE 2020-0011 18-045 6/19/23 THAT PORTION OF ADAMS STREET NORTH OF AND ADJACENT TO THE SUBJECT PROPERTY FRONTAGE, ALSO A PORTION OF THE WESTERLY 75 FEET OF THE EASTERLY 150 FEET OF LOT 6 IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE SIDE LINES OF SAID PROPERTY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 150 FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID EASTERLY 150 FEET, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE ALONG THE EASTERLY LINE OF SAID PROPERTY 1. SOUTH 3°51' 43" WEST 2. NORTH 86°07'25" WEST 3. WESTERLY 4. NORTH 3°51' 43" EAST 5. EASTERLY 6. SOUTH 86°07'25" EAST 5.0 FEET; 23.66 FEET 51.41 FEET 5.02 FEET 51.42 FEET 23.66 FEET CONTAINS 375 SQUARE FEET, MORE OR LESS. 1 of 1 THENCE TO A POINT ON A 555.00 FOOT CURVE CONCAVE NORTHERLY A RADIAL TO SAID POINT BEARING SOUTH 3°52'35" WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°18'27" TO THE WESTERLY LINE OF SAID PROPERTY; THENCE ALONG SAID LINE TO THE NORTHWEST CORNER OF SAID PROPERTY LINE ALSO A POINT ON A 550.00 FOOT CURVE CONCAVE NORTHERLY A RADIAL TO SAID POINT BEARING SOUTH 9°13'57" WEST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5°21'22" ALONG THE NORTHERLY LINE OF SAID PROPERTY; THENCE ALONG SAID LINE TO THE POINT OF BEGINNING. HIGHLAND DRIVE SIT[ AGUA HEO!ONOA LA GOON VICINITY MAP ENCROACHMENT CMU WALL ENCROACHMENT CMU WALL I EXHIBIT 'C' I I I ,' l I L I l I l I l I l --=:::::::::=::::>Z-< < SCALE: 7''=10' 0 5 I I ''i "'t-c::i I ' ' I I ' ' I '\ ~ I ~ ~ Cl.: "" k2 I I I \ EASEMENT DEDICA T/ON PER ~ SEPARA T[ DOCUMENT \\ (PR 2020-0010) REC. 8/3/20 3 '-, S DOC. 2 3- ~ 0 09824 ~ ~ ~ JOB NO. 18-045 6/19/23 SOWARDS & B ROWN ENGINEERING CONSU LTING E N G INEERS 2187 NEWCASTLE AVENUE SUITE 103 PD2020-0008 CARDIFF BY THE SEA, CA., 92007 £AGREE 2020-0011 T EL. 760/436-8500 FAX 760/436-8603 1 of 1 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 .Y!'ho proved to me on the basis of satlsf ctory evidence to be the person{s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty{les), and that by his/her/their slgnature(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 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 offlclal seal. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doswnent . /J em I Title or Type of Document: -'""=1--Ll"--''---"="""',L_,<..LJLLJ~--'---'--'-:::...:::q_...J1.......<=--=---=--=en1"---'----- Document Date:_7_!__~__,"=~'......!:~lS..l<~.J,,,,._L_ _______ ....:. Slgner{s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ____________ Signer's Na!!DJ:!:-:==========----- o Corporate Officer -Title(s): -------===-_..~v, rate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual ___.....-.,uvrney In Fact o Individual o Attorney In Fact o Guardian or Conservator o Trustee o Guardian or Conservator 0 2019 National Notary Association 4 /Users/barrychurch/Downloads/ENCROACHMENT AGMT.doc 9/5/2014 o Other: _____________ _ Signer Is Representing: ________ _ 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. Counfy of n; n Orf 00 0 n / ~ l t-OZ-3 efore me, __._____,,__,__~~------'---11.~,..___,,_______--+---+---!...:L Date personally appeared --------1,.=,,t..=._::..J....c!.--'---'----;;;~-----\--J-l,,....J~.o,...,...,._.--'-~--------- .., ~e(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. •••••••••••• • • " •, AJAY WICKERHAAI i ; Notary Public -California -San DievO C,ounty J ' Commission, 2-401138 - ,.o..,,• My Comm. Expires Apr 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 Stamp Above s;g,a~µ___llv\ __ Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: --------------:::;;,o"""';__ _____________ _ Document Date: _____________ .....,....c:_ _______ Number of Pages: ____ _ Signer(s) Other Than Named Above:----:,,,,£..---------------------- Signer's Name: _____ ,c;_ ______ _ Signer's Name: □ Corporate Officer -r s): ______ _ □ Corporate Officer -Title(s): _______ _ □ Partner -□ um· □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: D Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2019 National Notary Association