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Home My WebLink AboutRP 10-46; Bureck Capital LLC; 2012-0257565; 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« 2012-02575G5 llllllllllllllllllllllllllllllllllllllllllllll MAY 02. 2012 8:44 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 39.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 203-354-16 RP 10-46 Seaside Village Center PR 12-12 RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Bureck Capital, 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 880 Carlsbad Village Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-354-16, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for Public Roadways which easements are described in Exhibit "B" attached hereto and incorporated by reference. 3. permission The Encroachment. City hereby covenants and agrees and grants its encroachments to remain in a portion of the to Owner to allow easements. A plat showing the location of the encroachments is attached as Exhibit "C" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachments 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. (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. Q:\CED\LandDev\PROJECTS\RP\RP 10\RP 10-46 880 Carlsbad Village Drive Mixed-Use - Wickham\B & A\ENCROACHMENT AGMT, RP 10-46.doc (C) The Owner must remove or relocate any part of the encroachments 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 easements 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 Bureck Capital, LLC City of Cartsbad 1923 Dentro De Lomas 1635 Faraday Avenue Bonsall, CA 92003 Cartsbad 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. /// /// /// /// /// 2 Q:\CED\LandDev\PROJECTS\RP\RP 10\RP 10-46 880 Carlsbad Village Drive Mixed-Use - Wickham\B & A\ENCROACHMENT AGMT, RP 10-46.doc 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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this day of (AfcZCM 201CL . 0WNER'3ure<U< CWp.VoLl^LL(L By: Sign Here) (Pnnt Name Here) By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Att)J)rney CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer PLSaSOl Exp. 12/31/2012 Q:\CED\LandDev\PROJECTS\RP\RP 10\RP 10-46 880 Carlsbad Village Drive Mixed-Use - Wickham\B & A\ENCROACHMENT AGMT, RP 10-46.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On S.aSJg, before me. ^V^i^^- Date personally appeared. Here Irtsert Name andTMe of the Officer MIL Name(s) of Slgner(s) Christine N. Gonzalezl I Commission #1801318 < ^ ^ 'Notary Public - Californiao) >^^^/ San Diego County ^ who proved to me on the basis of satisfactory evidence to be the person(!^ whose nameO^ Is/are subscribed to the within instrument and acknowledged to me that he/she/lhey executed the same In hls/hefi^their authorized capac'ity(t^, and that by hls/ttdf^iefr slgnature(^) on the instrument the person(^^ or the entity upon behalf of which the person(^) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS mv hand and official se Place Notary Seal Above Signature. rny nana ana oniciai S€ Signature of Nota y Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on th$ document and could prevent fraudulent removal and reattachment of this form to another document Description of Attaclied Document Title or Type of Document: _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Number of Pages: Signer's Name: • Individual • Corporate Officer-—Title(s): • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 09007 Natkmal Notw ABaodatfon* 9350 Da Soto Aua_ RCBox 24Q2*ChalaMQrih. CA 01313-2402* wwwJ\latiQnaiNataiy.ara Itatn #5907 Reorder.CaHToB-Fcaa 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S } On (A^CL^ '•f before me, 1^^^ £ocOU£W K^jA^w v/v^y^ic^ r D^rte"' Here Insert Name*{ftKl Title of ttw Officer ^ personally appeared G^-^ ^- ^^^^ ' Name(s) of Slgner(s) TERIE L. ROWLEY Committion # 1952691 Notary Pui)Uc • California San Dfago County ^ " My Comm. Expifaa Oct 15.20151 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^whose name(^ls/aij^subscribed to the within instrument and acknowledged to me that he/sja^h^executed the same In hls/hef^h^ authorized capacltyffee^f, and that by hls/h^Ah^H^lgnature^ on the Instrument the personjjaf, or the entity upon behalf of which the person^ acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. II f Signature OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: t^V^^ ^^--'^'r^^t Ay<L. Document Date: ^Ki^c)-^ , Number Slgner(s) Other Than Named Above: of Pages: 3x ^^'^'^Q^WJ^ Capacity(ies) Claimed by Slgner(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or ConsQPvStor • Other Signer la^presentlng:. igner's Name: • individual RIGHTTHUMBPRINT OF SIGNER Top of thumb here • Corporate Officer • Partner — • UfriTted • General • Attorney Ir • Trustej • Gu^dian or Conservator Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here r>oivvTM,itv>nalhlfHavAMnrt»i<hn«Q^r)n fi^">^"'' Pn an» 9Ano,rhat«,r^ rA oi.'^i.'t.g^.wuimMminni.iMntarunm |tam#S907 ReorderCaUToit-Fcae 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION PARCEL A Lots 29, 30, 31 and 32, in Block 56 of amended map of the Town of Carlsbad, County of San Diego, State of California, according to Map thereof No. 775, filed in the office of the County Recorder of San Diego County, February 15, 1894. Excepting from said Lot 32, that portion thereof conveyed to the City of Carlsbad by deeds recorded October 2, 1990 as files nos. 90-538340 and 90-538341 both of Official Records of said San Diego County. Contains 0.315 Acres more or less. APN: 203-354-16 Joel G. Morrison LS6830 Expires 9/30/12 Date EXHIBIT "B" LEGAL DESCRIPTION Carlsbad Village Drive (formerly known as Elm Avenue) and Harding Street (formerly known as 5th Street), dedicated to the public on Official Map thereof No. 775 for the Town of Carlsbad, filed in the Office of the San Diego County Recorder on February 15, 1894, Carlsbad Village Drive and Harding Street both being shown as 80 feet in width on Parcel Map No. 2568, filed in the Office of the County Recorder on April 19, 1974 as File No. 74-100322. LOCATION MAP PR-12-12 h- UJ LLI cn h- CD Q < X 40' A=88'36'37" R = 10' 1=15.47' AREA OF ENCROACHMENT (BUILDING AWNINGS) AREA OF ENCROACHMENT (BENCH) CARLSBAD VILLAGE DRIVE (PREVIOUSLY ELM AVENUE) VICINITY MAP NO SCALE SCALE 1" = 40* APN 203-354-16 SHEET 1 OF 2 PREPARED BY: MORRISON ENGINEERING INC. 1927 FRANKFORT STREET SUITE A ___ SAN DIEGO, CA 92110 gyg (619) 276-0425 ••• ENCROACHMENT FOR SEASIDE VILLAGE CORNER EXHIBIT C LOCATION MAP PR-12-12 880 CARLSBAD VILLAGE DRIVE CARLSBAD VILLAGE DRIVE DETAIL AWNING & BENCH ENCROACHMENTS SCALE 1" = 20' 00 d rv ^ S3k*37'38"E ^10|58' ^3 LU CO CD z Q < SCALE 1" = 20' APN 203-354-16 SHEET 2 OF 2 PREPARED 8Y: MORRISON ENGINEERING INC 1927 FRANKFORT STREET SUITE A „ SAN DIEGO. CA 92110 (619) 276-0425 ENCROACHMENT FOR SEASIDE VILLAGE CORNER EXHIBIT C