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HomeMy WebLinkAboutMS 2017-0004; Steadfast Carlsbad Senior LLC; 2020-0046854; Encroachment Agreement(I r I ! RECORDING 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# 2020-0046854 111111111111 lllll 11111111111111111111111111111111111 IIIII IIIII IIII IIII Jan 29, 2020 10:34 AM OFFICIAL RECORDS Ernest J Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES $38.00 (SB2 Atkins $0.00) PAGES 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-060-56-00; 209-060-57-00 PROJECT ID: MS 2017-0004 PROJECT NAME: Summit Senior Carlsbad RELATED PROJECT ID: EAGREE 2019-0043 RELATED PROJECT ID: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Steadfast Carlsbad Senior, LLC, a Delaware 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 5392 El Camino Real within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 209-060-56-00 and 209-060-57-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement 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 monument sign 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, 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: Steadfast Carlsbad Senior, LLC 18100 Von Karman, Ste 500 Irvine, CA 92612 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 this , IN WITNESS WHEREO,F':,,the~e ~arties hereto have executed this Agreement on \ Z-day of ~CCO"\ '.)t C , 20.l9.._. OWNER Steadfast Carlsbad Senior, LLC, a Delaware limited liability company By: Beacon Bay Ho clings, LLC., a Delaware limit liability, I s Manager By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By~KE~ Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California ~ JASON S. GELDERT, Engineering Manager -----:--~ ~ ~ CASl-.,"RDW- RCE 63912 Exp. 9/30/2020 ~•oi:2. ~~ 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 $a.VJ, t\=e'(j o } On 12-/'Z-?::>/ l 9 ,, before me, Cec.e.r, tL fevv]avid,ez. tJ urnrv ~v. 61 l~ • Here Insert Name and Title of the bfficer Date personally appeared _T__,___,_i_._Y'Y'-----'--'C ......... ~~vt/~__,_l --'-\ ____________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(8)"whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/st:le/tl:tey executed the same in his/oor/t~ir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(>), or the entity upon behalf of which the person(>} acted, executed the instrument. ···---~. 'Nl.", ...................... ..,...,.,....,. ...................... 1 ~ a...... Cecelia Ferrii1ndez"""' N · .; · . COMM. #2166624 ~ ..,, . NOTARY PUBLIC •CALIFORNIA~ 1--. · SAN DIEGO COUNTY N t ComlllSSion Expies Oct 30. 2020 I ............................................ ,. ...................... • .. •~ ........ ,,, ................ ,~ .............................. . 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. Signature --=~_,_.::::..:..=--t,,<c....t..., --::::~--"'==---=::.L..----.-- 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: _____________________ 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: _________ _ :0:0§:11:~0:000:0 ©2018 National Notary Association 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 OY-0\ \'"\~ On \ 2 / 12/ 2019 before me, -~C~\ D~'J_,._.,_"i _-Z~'n~e~YJ=<j+-c,,___._N~o~±i~o.~')\,--"rl"--~P._u.........,.'o~\~ic~. Date Here Insert Name and Title of the Officer personally appeared ---~D~i~"'~e=s~h~~\<i~U~M~Q~'C~_.D0.~~V=O..~V::~--------- Name(sJ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(et whose nam~ is/aF& subscribed to the within instrument and acknowledged to me that ho/4.lal&.1tlaley executed the same in hisA-le1 /ti ,eh authorized capacity~. and that by hiel-Rer.41aleir signature(e) on the instrument the person(sl, or the entity upon behalf of which the person~ acted, executed the instrument. 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 __ ~(:~~-~-~;j~~~~~~::;--- .. ui~~ublic ---------------OPTIONAL--------------- h 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 Atta Document Title or Type of Documen : ...:::,,,..._,...-----------Document Date: _______ _ Number of Pages: ___ Sign Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ igner's Name: __________ _ □ Corporate Officer -Title(s): ______ _ □ orate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner □ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Trustee □ Guardian or Conservator □ Trustee □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 4 J-17759 EXHIBIT "A" LEGAL DESCRIPTION OF LOT Parcel 1 of Parcel Map 21731, in the City of Carlsbad, County of San Diego, State of California, Recorded in the Office of the County Recorder of San Diego County on October 22, 2019 as File No. 2019-7000439, of Maps. Patrick A. McMichael, L.S. 6187 PAM:al\My Docs\Files\17000s\11159\Legals\17759_parcell_exba j J-~ I tf'--2'.P IC; Date No.6187 J-17759 EXHIBIT "B" LEGAL DESCRIPTION OF EL CAMINO REAL RIGHT OF WAY That real property granted to the County of San Diego per deed recorded on January 5, 1938 per Book 743, Page 64 and recorded November 24, 1969 as Document No. 69- 214743 in the County of San Diego, State of California. -Patrick A. McMichael, Cs. 6187 PAM :al\My Docs\Files\17000s\17759\Legals\17759 _esmt_exbb_rev )2-1&-Z..?/7 Date No.6187 EXHIBIT C I I.EC;END: PROPERTY LINE EXISTING EASEMENT RIGHT OF WAY PROPOSED MONUMENT SIGN EX.ELEC.POLE EX. SIGN JY 'M RICK 5620 FRIARS ROAD SAN DIEGO, CA 92110 fi19-291-0707 ENGINEERINC COMPANY (FAX) 619-291-4165 J-17759 12-19-19 I v-PROPERTY LINE ◄O 20 0 ROW:COUGAR DR MAP 21731 ◄O 80 GRAPHIC SCALE 1" = 40' PROJECT ID: MS2017-0004 PERMIT NO:EAGREE 2019-0043 MONUMENT SIGN PLACEMENT EXHIBIT C SHEET 1 OF 2 120 ,M RICK ENGINEERING COMPANY J-17759 12-19-19 3" 3" 3" 3" 9'-1 O" tt~f --------------, ___ ---------__ ------111--1----''k-1'- -______ ,....,.,.-.. -.-----....... ----·-.. ~ ------ SUMMIT SENIOR LIVING 5592 EL CAMINO REAL l "-10" + ,-~-+ 5620 FRIARS ROAD SAN DIEGO, CA 92110 619-291-0700 (FAX) 619-291-4165 7'-0" 13'-8" I, 1"-6" k 1'-10" t 7r l) PROJECT 1D:MS2017-0004 PERMIT NO:EAGREE 2019-0043 MONUMENT SIGN DETAILS EXHIBIT C SHEET 2 OF 2