Loading...
HomeMy WebLinkAboutPD 2023-0036; Walsh, Peter A. & Laura S.; 2024-0030598; 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# 2024-0030598 111111111111 11111 lllll llll llllll 11111 lllll lllll lllll lllll lllll llll llll Feb 06, 2024 10:47 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $49.00 (S82 Atkins: $0.00) PCOR: N/A PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: _1.:...;6;.;.7_:-5;..:.1..:..1 ·-=2=-2-0�0 ____ _ PERMIT NO. : EAGREE2023-0038 PERMIT NO. : CBR2023-4661 PROJECT ID: PD2023-0036 PROJECT NAME: WALSH RESIDENCE UPGRADES ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Peter A. ·Walsh and Laura S. Walsh, Trustees of the Walsh Family Declaration of Trust under declaration of trust dated October 30, 2013 ("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 at2649 Sutter St. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 167-511-22-00, 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 itspermission to Owner to allow decorative concrete 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 safeand sanitary condition at the sole cost, risk, and responsibility ofthe owner and its successors in interest. (B)The Owner shall agree at all times to indemnify and hold the Cityfree and harmless from any and all claims, demands, losses,damages, or expenses resulting from the construction, 1 Q:\CED\LandDev\PROJECTS\PD\PD 2023\PD2023-0036 2649 Sutter St. -Walsh Encroachment· Glassen\ENCROACHMENT AGMT.doc9/5/2014 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: If to the Owner: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Peter A. Walsh and Laura S. Walsh , Trustees of the Walsh Family Declaration of Trust under declaration of trust dated October 30, 2013 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:\CED\landDev\PROJECTS\PD\PD 2023\PD2023-0036 2649 Sutter St. -Walsh Encroachment -Glassen\ENCROACHMENT AGMT.doc9l5/2014 IN _\NI TNESS WHER~': these parties hec9:'fhave executed this Agreement on this ~M day of ◄7 &)_ti AAf1 , 20 . ~ A-i~ an::t \.Cl~~-W-\a{,"l)1,f;-ttl-<;Df ::+-h'J~ . WC®~\ ~ .. XU'ZUlth ut 7\'\& UIWdU'.,nmtiClt ot--\Y\£t ~ CQ;\\)~~W RS: Peter A. Walsh and Laura S. CITY OF CARLSBAD, a municipal Wat2s ~ / corporation of the State of California ~ 4 ~ ~~ JAS~N . GELDE T, By.::;;....______________ Eng11) (Sign Here) /_ Peter A. Walsh , l):y\S;fL (Print Name Here) By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: 3 Q:\CEO\LandOev\PROJECTS\PO\PD 2023\PO2023-0036 2649 Sutter St. -Walsh Encroachment -Glassen\ENCROACHMENT AGMT.doc9/5/2014 Exhibit "A" Property Description Lot 46 of Carlsbad Tract No. 84-35 Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 11425, filed in the Office of the County Recorder of San Diego County, January 27, 1986. APN: 167-511-22-00 Exhibit "B" Legal Description of the Easement A public street and public utility easement granted to the City of Carlsbad according to the Map thereof No. 11425, filed in the Office of the County Recorder of San Diego County, January 27, 1986. I \ 15' R, I \ E SE~ENT \ 10, ~PE A~1 11255 \ RYS I I r---\\ -----\--------\-------4---------------------------, \ -i. \\ \ ! \ ~ ' \ I \ .-. \ I \ ~\ \ : \ ~ \ : \ Z I \ I ~ ---------------------~ I I I I I I I I I I I I I \ ~--------------h I I \ I I I I I I I I I --~ I-~ : )(--'j,....■.,, ........... ,,,,,,,, □ bl I I r~r I : I I I I I I I I I l---------------------------- ,-1'2 ,~ •-'"' ,~ 1;'2 I I I I I I I I I I CURB ===='f.======E=====::!::==~GUTTER 10' SIDEWALK EXHIBIT "C" WALSH RESIDENCE 2649 SUTTER ST. CARLSBAD, CA 92010 APN 167-511-22-00 SUTTERST. ~ PROJECT I.D. PD2023-0036 EAGREE2023-0038 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 5 .-. "" ..l> ~ (. I ~,o d ✓ before me, W D~J._\ ~ --, , JJ~~ f<i~ I~~ , Date Here 11se,r Name and Title of the Officer On personally appeared __ r_A_~_~ __ I-.. ___ A __ w __ c;...._._ lS_L.. ____________ _ 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. .................... ·-·······..,. W. DARLING : COMM # 2447876?: SAN DIEGO County ~: alifornia Notary Publi~ -omm Exp June 22, 2-027: ................................. _ .. 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 official seal. Signature __ ____!<:{Jj:....::r.==--=--~--~--=--.d-- 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 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 □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □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 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 OOOll ■IIIIUI DODOO a 11 D a DDD □□-□BiOOOOOl! j J00800080(]00DDD 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 Le00 On f.ebrU~tU 1, ioV:l before me, A-mb.er: !l2ivi1 Notaru Pablit ~ate -r:-H~sert Name and[/tle of the Officer personally appeared ---~Uvt_v1~:S~M~~S__,. Gl_t ..... J ... d ....... e .... r1~--------- 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. eeeoeeeel AMBER DAN Noury Public • California : San Diego County ~ Commission # 2466836 y Comm. ExplrM Oct 17, 2027 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;gnatuce kh£/.i;f;rAA--- SignatureoftJryPub/ic 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: fvtlJ1t.fU1J'.Yl£l.1± ~.ei.m,e,vl{: Document Date: -z.-/1 /1,1,j Number of Pages:~f/ __ _ Signer(s) Other Than Named Above: ..... Q_U""-"-1'-'-V..L,1_,__.~\Al'--',l-'[a"-'-"--'A .... Afi .......... ~'------------- 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 □ Individual □ Attorney in Fact □ Individual □ Attorney in Fa ct □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ~:OOO(H0:0:08000800 [J1J D D D D rnooooo I a &ileo l()C800088080800080800081 C000till881 l80808(J ©2018 National Notary Association