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HomeMy WebLinkAboutSDP 2022-0003; Fenton Ponto LLC; 2024-0229205; 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# 2024-0229205 11111111111111111111111111 IIIIII lllll lllll 1111111111111111111111111111 Aug 27, 2024 11 :24 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES $0.00 (S82 Atkins $0.00) PAGES 14 . SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-160-25-00; 214-160-28- 00; 214-171-11-00 PERMIT NO. : EAGREE 2023-0039 PERMIT NO.: -----------PROJECT ID: SOP 2022-0003 PROJECT NAME: FPC Residential RELATED PROJECT ID: -----------REL A TED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Fenton Ponto 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 7200, 7290, 7294 Ponto Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 214-160-25-00, 214-160-28- 00 and 214-171-11-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns existing easements over, under, and across Owner's property for public street and utility and clear space purposes which the easements are 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 private water, backflow assemblies, storm drain, tree wells, decorative pavers and retaining wall to remain in a portion of the public street and clear space easements. 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:ICED\LandDev\PROJECTSISDP\SDP 22\SDP2022-0003 SELF-STORAGE AND JUNKYARD REDEVELOPMENT\ENCROACHMENT AGMT.doc 9/5/2014 (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: If to the Owner: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Fenton Ponto LLC 7577 Mission Valley Road San Diego, CA 92108 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\SDP\SDP 22\SDP2022-0003 SELF-STORAGE AND JUNKYARD REDEVELOPMENnENCROACHMENT AGMT.doc 9/512014 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 12.-0 day of ""'l'tV'lA:J , 20 1:-t . O~NERS: fCt\10ltl Vovt;to I LLlJ) v\ (,ttl ifomi pt CITY OF CARLSBAD, a municipal t;, \'Y\i • • • corporation of the State of California (Ah·~'"t ~ JASON S. GE ERT, By: ----,,c..-_;__--=~--:__-==---..;-:=..---Engineering nager Y'f"\\~ll-fl r\{ct , f(ISi@Y\-4-C11)d CGo By: -ttme Here) Exp. 9/30/2024 rSJ ignHere) ~Iii GA.9'Uf vf D•\llutP\c.J'I .. ~\.'t~•, (Print Name He1re) APPROVED AS TO FORM: CINDIE MCMAHON City Atto~ ey 3 Q:\CEDILandDev\PROJECTS\SDP\SDP 22\SDP2022-0003 SELF-STORAGE AND JUNKYARD REDEVELOPMENnENCROACHMENT AGMT.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ffl iBIJUiU nn7ffl0?9Q rn:nrrunrornnn nr A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cert~icate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of gJY\ i) e~o On 3 { U) / '2,,o?,,y before me, ~ 5 tz1 e oSf i-l (lo f Ct OJ t?t-t bl d. Date personally appeared rf\iC½Cte{ h R-tl / Here Insert Name and Title of the Officer lN1 J Dt1V id c--1 t11~ '?-l Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. cc••••••••f , KRISTA BOSSI ~~ Notary Public • California z ; San Dit!io County J ~ Commission # 2476 784 - ,• My Comm. Expires Dec 19, 2027 Place Notary Seo/ 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 _l_v\----~-------------- 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: __________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capaclty(les) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(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: ________ _ ©2019 National Notary Association 4 Q:\CED\LandDev\PROJECTS\SDP\SDP 22\SDP2022-0003 SELF-STORAGE AND JUNKYARD REDEVELOPMENnENCROACHMENT AGMT.doc 9/5/2014 ACKNOWLEDGMENT 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 SAN DIEGO on August 21, 2024 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared _J_a_s_on_S_. _G_e_ld_e_rt ___________________ _ 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. Signature~;1.lztM&::::::::: (Seal) PROPERTY LEGAL DESCRIPTION EXHIBIT "A" EAGREE NO. 2023-0039 SOP 2022-0003 PARCEL 1 OF PARCEL MAP 22104, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY JULY 22, 2024. PONTO ROAD RIGHT-OF-WAY LEGAL DESCRIPTION EXHIBIT "B" EAGREE NO. 2023-0039 SOP 2022-0003 A PORTION OF PONTO ROAD DEDICATED AS AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 20899, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 12, 2011. CLEAR SPACE EASEMENT LEGAL DESCRIPTION AN EASEMENT DEDICATED TO THE CITY OF CARLSBAD FOR CLEAR SPACE PURPOSES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP NO. 22104, RECORDED JULY 22, 2024. PONTO DRIVE RIGHT-OF-WAY LEGAL DESCRIPTION A PORTION OF PONTO DRIVE AS SHOWN ON CAL TRANS RIGHT-OF-WAY MAP XI-SD-2-8, LO-9629, SHEET 6. OWNER I APPLCANT EXHIBIT'C' EAGREE 2023-0039 SOP 2022-0003 ------- VICINITY MAP t NOTTO SCALE I SHEET 1 OF 7 SITE ADDRESS FENTON PONTO. LLC 7577 MISSION VALLEY RD. SAN DIEGO, CA 92108 (619) 400-0120 7200. 7290, 7294 PONTO DRIVE, CARLSBAD, CA 92011 APN: 214-160-25; 214-160-28; 214-171-11 LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 22104, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, S7JI TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 22, 2024. PARCEL 1 PM 20899 APN 216-010-01 PARCEL 1 PM 20899 APN: 216-010-02 ROS 20809 EXHIBIT 'C' EAGREE 2023-0039 SOP 2022-0003 KEY MAP SCALE: 1" = 100' SHEET2 OF 7 LOT1 MAP 11290 \ 0 100' 200' ~--------------: i GRAPHIC SCALE: 1" = 100' EXHIBIT 'C' EAGREE 2023-0039 SOP 2022-0003 PRIVATE RETAINING WALL FOOTING ENCROACHING INTO PUBLIC RIGHT-OF-WAY PER DWG NO. 543-6A I RIGHT-OF-WAY SHEET3 OF 7 PRIVATE RETAINING WALL ENCROACHING INTO PUBLIC RIGHT-OF-WAY PER DWG NO. 543-6A PRIVATE RETAINING WALL ENCROACHING INTO CLEAR SPACE EASEMENT PER DWG NO. 543-6A PRIVATE RETAINING WALL FOOTING ENCROACHING INTO CLEAR SPACE EASEMENT PER DWG NO. 543-6A ~ ' ct: ~ I :z:: II PRIVATE RETAINING WALL FOOTING ENCROACHING INTO CLEAR SPACE EASEMENT PER DWG NO. 543-6A 0 Q ___ -1---r-7 I I RIGHT-OF-WAY PRIVATE RETAINING WALL FOOTING ENCROACH/NG INTO CLEAR SPACE EASEMENT PER DWG NO. 543-6A PRIVATE TREE WELL ENCROACHING INTO PUBLIC RIGHT-OF-WAY I I PER DWG NO. 543-6 I u.. ,;}- I ~o I ~~ I ~ 5: I I I I PLAN VIEW-PUBLIC R/W ENCROACHMENT SCALE: 1" = 20' 1/24/2024 DATE EASEMENT NOTES QJ INDICATES AN EASEMENT FOR CLEAR SPACE PURPOSES TO THE CITY OF CARLSBAD, PER PARCEL MAP NO. 0 20 "'! ~ 40 --' GRAPHIC SCALE: 1" = 20' AC BERM PER OWG NO. 543-6 a:: LU o, Cl o, < co _o ~~ ~Q_ RIGHT-OF-WAY EXHIBIT 'C' EAGREE 2023-0039 SOP 2022-0003 I I I I I I I I SHEET 4 OF 7 PRIVATE TREE WELL ENCROACHING INTO PUBLIC RIGHT-OF-WAY PER OWG NO. 543-6 RIGHT-OF-WAY PLAN VIEW-PUBLIC RIW ENCROACHMENT SCALE: 1" = 20' 1/24/2024 DATE EASEMENT NOTES QJ INDICATES AN EASEMENT FOR CLEAR SPACE PURPOSES TO THE CITY OF CARLSBAD, PER PARCEL MAP NO. 0 20 40 ~•-: ; GRAPHIC SCALE: 1'' = 20' RIGHT-OF-WAY EX. PUBLIC STREET AND PUBLIC UTILITY EASEMENT PER PM 20899 EXHIBIT 'C' EA GREE 2023-0039 SOP 2022-0003 REMAINDER PM 20899 SHEET5OF7 PONTO ROAD PUBLIC WATER METER ~~~:::::::::~~ PER OWG NO. 543-6 RIGHT-OF-WAY PARCEL 1 OF PM 22-104 PR/VA TE BACKFLOW ENCROACHING INTO PUBLIC RIGHT-OF-WAY PER DWG NO. 543-6 ~ PRIVATE WATER SERVICE ENCROACH/NG INTO PUBLIC RIGHT-OF-WAY PER OWG NO. 543-6 PRIVATE WATER SERVICE ENCROACHING INTO CLEAR SPACE EASEMENT PER OWG NO. 543-6 PLAN VIEW-PUBLIC R/W ENCROACHMENT SCALE: 1" = 10' 1/24/2024 DATE EASEMENT NOTES [I] IND/CA TES AN EASEMENT FOR CLEAR SPACE PURPOSES TO THE CITY OF CARLSBAD. PER PARCEL MAP NO. oz 0 20 40 ~-~-• 1 GRAPHIC SCALE: 1" = 20' EXHIBIT 'C' EAGREE 2023-0039 SOP 2022-0003 RIGHT-OF-WAY I PUBLIC REC WATER MAIN PER DWG NO. 468-3 AC BERM PER DWG NO. 543-6 PRIVATE TREE WELL ENCROACHING INTO PUBLIC RIGHT-OF-WAY PER DWG NO. 543-6 ;;o I I PUBLIC WATER METER PER DWG NO. 543-6 a c§ a:: 0 • I ;;o :;E 1--;;o <::;E 0 Q ;;o :;E ;;o ~ II I II I II :;E / / 1/24/2024 DATE SHEET6 OF 7 PRIVATE TREE WELLS ENCROACHING INTO PUBLIC RIGHT-OF-WAY PER DWG NO. 543-6 PRIVATE IRRIGATION SERVICE ENCROACHING INTO CLEAR SPACE EASEMENT PER DWG NO. 543-6 PRIVATE IRRIGATION SERVICE ENCROACH/NG INTO PUBLIC RIGHT-OF-WAY PER DWG NO. 543-6 PRIVATE STAIRS ENCROACHING INTO CLEAR SPACE EASEMENT PER DWG NO. 543-6A RIGHT-OF-WAY PUBLIC STORM DRAIN PER DWG NO. 543-6 PRIVATE STAIRS ENCROACH/NG INTO CLEAR SPACE EASEMENT PER DWG NO. 543-6A EASEMENT NOTES QJ IND/CA TES AN EASEMENT FOR CLEAR SPACE PURPOSES TO THE CITY OF CARLSBAD, PER PARCEL MAP NO. 0 20 40 --~~----~' GRAPHIC SCALE: 1" = 20' 11 11 EXHIBIT 'C' EAGREE 2023-0039 SOP 2022-0003 RIGHT-OF-WAY 11 ::__i--¾:--7 Cl) 11 Cl) <::: cr:f N ,q: c? 1 c::, a 1-a c:, c1 ~ ~ 11 ,..._ c::, 0:: (..) >< J::, o::z:o... ,..._ I-0 <:(~ N ~ <::: ~ 0) o~~~ <:( o...o .o-, x::r::qo lJj Cl) 0:: -.J PUBLIC STORM DRAIN PER OWG NO. 543-6 I EASEMENT NOTES QJ INDICATES AN EASEMENT FOR CLEAR SPACE PURPOSES TO THE CITY OF CARLSBAD, PER PARCEL MAP NO. ~ II ~ II ~ II 0 Q II 11 11 11 11 1/24/2024 DATE SHEET7 OF 7 PRIVATE TREE WELL ENCROACHING INTO PUBLIC RIGHT-OF-WAY PER OWG NO. 543-6 PRIVATE STORM DRAIN ENCROACH/NG INTO PUBLIC RIGHT-OF-WAY PER OWG NO. 543-6A PRIVATE STORM DRAIN ENCROACHING INTO CLEAR SPACE EASEMENT PER OWG NO. 543-6A : 2~-1 u:1\'J I~ I a: 5: I I I RIGHT-OF-WAY PRIVATE TREE WELLS ENCROACHING INTO PUBLIC RIGHT-OF-WAY PER OWG NO. 543-6 -------*---- 0 20 40 --~-: __ i GRAPHIC SCALE: 1" = 20'