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HomeMy WebLinkAboutCT 14-07; BWR 16 LLC; 2018-0249920; 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# 2018-0249920 11111111111111111111111111111111 lllll lllll lllll 11111111111111111111111 Jun 20, 2018 10:18 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, 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.: 203-101-02-00 & 203-101-05-00 PROJECT ID: CT 14-07 -----------PROJECT NAME: Beachwalk at Roosevelt RELATED PROJECT ID: EAGREE2018-0008 RELATED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and BWR 16, LLC, a California limited liability company ("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 2685, 2687 & 2715 Roosevelt Street, the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-101-02-00 & 203-101-05-00, 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 Public Utility 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 pervious gutter and private storm drain pipe to remain in a portion of the Public Street and Public Utility 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\LandDevlPROJECTSICnCT 14\CT 14-07 Beachwalk at Roosevelt -BobbettlENCROACHMENT AGMT -EAGREE2018-0008.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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: R. Geoffrey McComic BWR 16, LLC 18181st Avenue, Ste. 100 San Diego, CA92101 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\PROJECTSICTICT 14\CT 14-07 Beachwalk at Roosevelt -Bobbett\ENCROACHMENT AGMT -EAGREE2018-0008.doc9/5/2014 IN WITNESS WHER1:0F, these parties hereto have executed this Agreement on this ___ (.p __ day of J.YeM. , 20----15(' OWNER BWR 16, LLC, a California limited liability company By: Delaware limi Its: Membe (Sign Here) R. Geoffrey McComic (Print Name Here) By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By ~94= RONKEMP LLC, a Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineerin Q ICED\LandDev\PROJECTSICT\CT 14\CT 14-07 Beachwalk at Roosevelt -Bobbett\ENCROACHMENT AGMT -EAGREE2018-0008.doc9/5/2014 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 ~ be. z::_ <:t::,U ~rriz::::U"U ·--, ~ ..... '-;--~\..L~ On 4-\ l-\ Y before me, YG roe_\s;; ~'-!.ac_\C ~u , / Date O _t"-v' Here Insert Name and Title of the Officer ) personally appeared \"' ' ~--'TT t'~~ Mc. (!_O(Y' '~ Nam f Signe&(Bj- who proved to me on the basis of satisfactory evidence to be the person(ar'whose nam~ is/a,e- subscribed to the within instrument and acknowledged to me that he/~ey-executed the same in his/bal=lthfe-authorized capacityM1fnd that by his/~nature(s}en the instrument the person~ or the entity upon behalf of which the perso~cted, executed the instrument. ....................................... .,. . .,., r·::;:·: ··;;~~ 8....::.mr.2011 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~o ~( Cb CC:VR c_\6.-c.-e.\_l 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 ~~"Y"Y'Ul-.. "'--, Title or Type of Document: EtS:£., ~~Q~ Document Date: _______ _ Number of Pages: "1 Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by~igner(s) Signer's Name:~ (;e~-Cr , o--/.\c_CcrA..~ Signer's Name: ____________ _ D Corporate Officer -Title(s): J D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other:_______________ D Other: ______________ _ Signer Is Representing:C\CX"\E'...Q Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1·800-876·6827) Item #5907 4 Q \CED\LandDev\PROJECTS\CDCT 14\CT 14-07 Beachwalk at Roosevelt· BobbettlENCROACHMENT AGMT -EAGREE2018-0008 doc9/5/2014 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 ~/) 0tf6l) ) On Ul(nt.. t,, "20ll before me, _-:go~)ti_a_M_e~~~/V~~----/~J\)~o~*'~"~t.-1~A_kb_Jc_, Date Here Insert Name and Title of the Officer personally appeared _;3a~~f,~o~w __ s_._6~ei~~~~'l/-,~_J __________ _ 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 ............................................................................................. , a ROXANNEJONES N COMM. #2107902 -t It NOTARY PUBLIC • CALIFORNIA i S:: SAN DIEGO COUNTY to,) l ComnissionExpirasApril 20. 20191 ........... .,;r.•.•,.•,.• ........................... .., ....................... i?.Y.·······•"-*•.,_.,,..,. •••••• v ... .. 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. WITNESS my hand and official seal. ----------------oPnONAL---------------- 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: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): -~----- 0 Partner -D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 'A' LEGAL DESCRIPTION EAGREE 2018-0008 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: TENTATIVE MAP NO. T/F IS A SUBDIVISION OF THE LAND DESCRIBED AS FOLLOWS: PARCEL 1: THAT PORTION OF THE NORTHEASTERLY HALF OF LOT 27, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER, JULY 28, 1921, LYING NORTHWESTERLY OF THE NORTHWESTERLY LINE OF THE SOUTHEASTERLY 60 FEET OF SAID LOT. APN: 203-101-05-00 PARCEL 2: THE NORTHEAST HALF OF LOT 26, SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. . \ :.' .. ~· l 2. • 3 I ' tClJ . , EXHIBIT 'B' RIGHT-OF-WAY LEGAL DESCRIPTION EAGREE 2018-0008 THE WESTERLY 25 FEET OF ROOSEVELT STREET RIGHT-OF-WAY LOCATED EASTERLY OF THE NORTHEAST HALF OF LOT 26 AND PORTION OF THE NORTHEASTERLY HALF OF LOT 27, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921. H i EXHIBIT 1C1 ENCROACHMENT AGREEMENT ROOSEVELT ST l)\\\l\\\\\\\l\il\11\\j\~\\\\\\\\l\1\ll\\\\\\\\\\\\\\\\\\\)\\\\j\j\\\\\\\\li\\\l\\ll\\\\\\\\l\\\\\\\\\i\\l\\\\\\\\\\l\\l\\\\\\l\\\\\\\\\\\\\jj\\\\\\\\\\\\\\)l\\j\\\\\\\\\jjr ---L _ ~~PRIVATE STORM_mAIN __ __ __ -r ~ PERVIOUS GUTTER BEACHWALK AT ROOSEVELT CT14--07 EAGREE 2018-0008 APNs 203-101-02 & 05 VICINITY MAP NTS SCALE: 111 =301 SHEET 1 OF 1