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HomeMy WebLinkAboutNCP 2022-0006; TIMOTHY C WHITE; 2024-0093921; 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# 2024-0093921 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Apr 1 e, 2024 10:58 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.: 210-064-04-00 -----------PERMIT NO. : EAGREE2024-0006 PROJECT ID: NCP 2022-0006 PROJECT NAME: WHITE ADDITION / ADU RELATED PROJECT ID: PC2023-0012 ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Timothy C. White and Rachel M. White, 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 5232 Los Robles Dr within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-064-04-00, 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 flagstone walkway, concrete curb, pavers, and driveway apron 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. (8) 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 Q:\CED\LandDev\PROJECTS\NCPINCP 22\NCP2022-0006 WHITE ADDITION -ONTIVEROS\DIGITAL Final Engineering\lNITIAL SUBMITT AL\ENCROACHMENT AGMT _Unsigned.doc 915/2014 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 Timothy C. White and Rachel M. White, husband and wife as Joint Tenants 5232 Los Robles Dr. 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 Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. 2 Q:\CEDILandOevlPROJECTS\NCP\NCP 22\NCP2022-0006 WHITE ADDITION -ONTIVEROS\DIGITAL Final Engineering\lNITIAL SUBMITTAL\ENCROACHMENT AGMT_Unsigned.doc 9/512014 IN WITNESS WHE~, these parties her~t9 )lave executed this Agreement on this / .s, day of ~ f<. c H , 202:::l... ------- Timothy C. White (Print Name Here) By: -~-------~--2 _M~V\ ___ }v,~,'C __ (Sign Here) Rachel M. White (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON :~fyAtt~ u,Atti=ROST Senior Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engine Q:\CED\LandDev\PROJECTSINCPINCP 22\NCP2022-0006 WHITE ADDITION -ONTIVEROS\DIGITAL Final Engineerlng\lNITIAL SUBMITTAL\ENCROACHMENT AGMT_Unsigned.doc 9/5/2014 .. 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 'oQk\ :rY7LV1a~co ) On O:b(o\ (W]A before me. A:1£.¥'6 ~ £1'6~ N~ Pu bu0 Date Here Insert Name and Tttleof'he Officer personally appeared :1JM~ t N\,0-U, ~ 1Z..o,,.c,.heJ 1:1. W\0±-f Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ~are subscribed to the within instrument and acknowledged to me that ~s)ra/they executed the same in ~t)er/their authorized capacity(ies), and that by ~/~/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ 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 ____________ __,...,__ Though this section is optional, completing this information can deter alteration of the fraudulent reattachment of this form to an unintended docume Description of Attached Document Title or Type of Document: -------------:::...--ument Date: _______ _ Number of Pages: ___ Signer(s) Other Than Na Capacity(ies) Claimed by Signer(s) Signer's Name: ________ .,-,,:.... __ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ---,-~-----D Corporate Officer -Title(s): _____ _ □ Partner -D Limited D neral □ Partner -D Limited D General D Individual D A ey in Fact □ Individual D Attorney in Fact D Trustee Guardian or Conservator D Trustee □ Guardian or Conservator D Other: _______________ _ D Other: _____________ _ Signer Is epresenting: ________ _ 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 oo:o:1m:o:o:o:o:o:o:o:o:o:o:o:o:ooooo:o:o:o:o:o:o:o:o:o:~ooo:o:60ffl}:o:o:o:o:o:o:o:oo:o:o:o:o:o:o:o:o:§:§:§:o:rno fl:O oo:o:oo:o:oo:o:o:o 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. On __ .1£___._.l,£__~1----1----=--~__,_c,q. personally appeared ------------~~----~------~~---~-~------- 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. ~ •••••••• f AMY WICKERHAA : Notary Public • California z ~ ,-{'-6 · = San Di~ County ~ " 't .. • , Commission I/ 2401138 - 0•,.•c••'· 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. s;gnature ~ Sgnature 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: _____________________ _ Signer(s) Other Than Named Above:-----------,~=--------------- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ---=-,,,,c------□ 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 PROPERTY LEGAL DESCRIPTION THE REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 82 OF TERRAMAR UNIT NO.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 . PROJECT: W H I T E ADDITION / ADU 5232 LOS ROBLES DRIVE CARLSBAD, CA , 92008 PROJECT EXHIBIT NCP 2022-0006 EAGREE2024-0006 NO: A EXHIBITB RIGHT -OF-WAY LEGAL DESCRIPTION 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, MARCH 5, 1951. PROJECT, W H I T E ADDITION / ADU PROJECT EXHIBIT NO: NCP 2022-0006 5232 LOS ROBLES DRIVE B EAGREE2024-0006 CARLSBAD, CA , 92008 SCALE 1"= 20'--0" AREAS OF ENCROACHMENT -CONCRETE DRIVEWAY APRON AND CONCRETE PAVERS -CONCRETE FLAGSTONE WALKWAY -SMALL BLOCK WALL PROJECT: NCP 2022-0006 EAGREE2024-0006 SITE PLAN PI.QJC lJTIUTY SOO&E EASEMENT lJT1UTY EASEl,ENT r--.[--______ -io ________ PROP!:RTY_~I~ ' ' ' t r.n _ I F==--========-~-==============1 ' ' ' ' (E)GARAGE EXISTING DRIVEWAY LOS ROBLES DRIVE (E) SINGLE FAMILY DWELLING W H I T E ADDITION / ADU 5232 LOS ROBLES DRIVE CARLSBAD, CA, 92008 ~i -'' ~· ffil a.' o • Q'. a. b PROJECT NO: EXHIBIT C