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HomeMy WebLinkAboutCDP 2019-0032; Keith Jensen and Jennifer Jensen; 2024-0075703; 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# 2024-0075703 111111111111 lllll 11111111111111111111111111111111111 IIIII 1111111111111 Mar 27, 2024 09:45 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 207-385-20-00 -----------PERMIT NO. : EAGREE2023-0018 PERMIT NO. : GR2020-0019 PROJECT ID: _C_D_P_2_0-19---00_3_2 _____ _ PROJECT NAME: Telescope House RELATED PROJECT ID: RELATED PROJECT ID: ---------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Keith Jensen and Jennifer Jensen, 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 4615 Telescope Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 207-385-20-00, 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 utility and sidewalk 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 concrete and gravel driveway, stairs, mailbox and retaining wall with railings to remain in a portion of the said public utility and sidewalk 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. 1 Q:\CED\LandDev\PROJECTS\CDP\CDP20191CDP2019-0032 Telescope House-Chua\ENCROACHMENT AGMT.doc 9/5/2014 (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 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 Keith and Jennifer Jensen 4615 Telescope Avenue Carlsbad, CA 92008 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 2 Q:\CED\LandDev\PROJECTS\CDP\CDP2019\CDP2019-0032 Telescope House -Chua\ENCROACHMENT AGMT.doc 9/5/2014 Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 3rz,t day of 1-::vat:Lkl , 20_.m_. JeKS€W. ~nd Jet1niftr _,..,,.. CITY OF CARLSBAD, a municipal wife OISJ)ff'}r -f61w• •~ corporation of the State of California Keith Jensen Jennifer Jensen (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By~~ \..;>ALLEFROST Senior Assistant City Attorney JA . GELDERT, E n Manager W' RCE 63912 Exp. 9/30/2024 3 Q:\CED\LandDev\PROJECTS\CDP\CDP2019\CDP2019-0032 Telescope House -Chua\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. State of California / } County of __ ~ __ II"'(... __ > ______ _ On _·?-1--M1r1tt~_____....__4J>_'1+---before me, ~ \)A$'J , ,J~J/""4~ Date Here Insert Name and Title of the Officer personally appeared ____ J-~ __ .4 __ -I_G,-S_t~--~-1>~~---•~~~.,.--~-,,,.--------- 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. a m DARENVASS I COMM #2423861 NOTARY PUSUC-CAUFORNIA ~ SAN DIEGO COUNTY My Comm. Expires Novembe! 21, 20261 cc ,.... • 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. 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: ~WWl('UINli,A,l"t ~ Document Date: 1 I :3 ( 11 Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ D Partner -o Limited D General D Individual D Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ ©2019 National Notary Association Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ □ Partner -o Limited D General D Individual D Trustee D Other: □ Attorney in Fact □ Guardian or Conservator 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. State of Ca Coun' On ___ --=------"",;:--l--"~~=--=i-_____,.4 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. 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;gnatus:$1~1_/ __ 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: _____________________ c.:.N-er 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 □ Ge □ Partner -□ Limited □ General □ Individual ttorney in Fact □ Individual □ Attorney in Fact □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: _________ _ ©2019 National Notary Association EXHIBIT A LEGAL DESCRIPTION OF PROPERTY CDP 2019-0032 EAGREE2023-0018 For APN/Parcel ID{s): 207-385-20-00 PARCEL 1: LOT 6 OF CARLSBAD TRACT NO. 82-SA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THERE OF NO. 10925, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY RECORDED MAY 1, 1984 OF OFFICIAL RECORDS. PARCEL 2: A NON-EXCLUSIVE EASEMENT ON AND OVER THE "COMMON AREA" AS DEFINED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO WHICH REFERENCE IS HEREAFTER MADE, FOR ACCESS, USE, OCCUPANCY, ENJOYMENT, INGRESS AND EGRESS OF THE AMENITIES LOCATED THEREON, SUBJECT TO THE TERMS AND PROVISIONS OF SAID DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. THIS EASEMENT IS APPURTENANT TO PARCEL 1 ftOOI/E. DESCRIBED. THE COMMON AREA IS FOR THE USE OF OWNERS OF LOTS WHICH ARE SUBJECT TO SAID DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND IS NOT FOR THE USE OF THE GENERAL PUBLIC. EXHIBIT B LEGAL DESCRIPTION OF CITY EASEMENT UNDERLYING ENCROACHMENT CDP2019-0032 EAGREE 2023-0018 A PUBLIC UTILITY AND SIDEWALK EASEMENT DEDICATED TO THE CITY OF CARLSBAD PER MAP NO. 10925 RECORDED MAY 1, 1984 OF OFFICIAL RECORDS. EXHIBIT 'c' f PUBLIC STREET AND PUBLIC UTILITY EASEMENT ENCROACHMENT I I I ~, .. ~s -~ ;tt .. ~I 5' WIDE EASEMENT FOR PUBLIC ~, UllLITY & SIDEWALK PURPOSES f PER MAP 10925 SOJ·.Jfn2·w -,a:m'-;----- lllESCOPE -------- CDP 2019-0032 £AGREE 2023-0018 IUD)l tID ~~[Pl il @~i!ffi ~[Pl~~ i@l=~fffi!ffi .. i@ RETAINING WALL WITH RAILING ~:::/07J' MAILBOX CONCRETE STAIRS/LANDING AVE ------(f_--- DESCRIPTlON PROPERTY LINE EASEUENT UNE lEGENO CONCRETE STAIR/LANDING ENCROACHMENT RETAINING WALL WTH RA/UNG ENCROACHMENT MAILBOX ENCROACHMENT CONCRETE DRl~WAY 'MTH GRA ITT ENCROACHMENT S'tUBOL rmff C2J Li C 0 10 20 ! • I SCALE: 1" = 10' GRA~L -------