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HomeMy WebLinkAboutPR 08-42; Garcia's Mexican Restaurant; Easement (PR)NOTE TO FILE: This is an encroachment agreement for Garcia's Mexican Restaurant at 2968 State Street, Carlsbad. The encroachment was for 12-14" of the planter to remain in the City right of way. This required 7 signatures and after several attempts to correct a name, Garcia's has not responded. This has been fully executed, however, not recorded. Signed copy for our files. Engineering Counter September 2010 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-292-03 PROJECT NAME: Garcia's Mexican Restaurant PROJECT ID: PR 08-42 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and ABEL CONRAD GARCIA, BELYNN GONZALES, PAUL JOSEPH GARCIA, ELAINE D. MURO, ELEANOR VALENTINE GUENDERT, ELIZABETH ANN GUEVARA, and JOY M. PIATEK ("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 2968 State St. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-292-03, 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 general access and street utility easement 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 12-14" of planter 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. (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. 1 F:\FARMER\KATHY\ENCROACHMENTS\Garcias ENCROACHMENT AGMT.doc (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 Belynn Gonzales City of Carlsbad 2968 State St. 1635 Faraday Avenue Carlsbad CA 92008 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. 2 F:\FARMER\KATHY\ENCROACHMENTS\Garcias ENCROACHMENT AGMT.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 WHEREQE these parties hereto have executed this Agreement on this °\^ day of CXU^6«^Lx . 20 OWNER ABEL CONRAD GARCIA, BELYNN GONZALES, PAUL JOSEPH GARCIA, ELAINE D. MURO, ELEANOR VALENTINE GUENDERT, ELIZABETH ANN GUEVARA AND JOY M. PIATEK (Sign Here jf] £ __ '(Print Nam/Here)' By: (Print Name Here //L , (Sign Here) c (Print Name Here) . (Sign Here) By: (Print Name Here) (Print Name Here) By: (Sign Here) (Print Name Here) ' A CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer y By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: eputy City Attorney F:\FARMER\KATHY\ENCROACHMENTS\Garcias ENCROACHMENT AGMT.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On. Dale before me, personally appeared M* Heraf Insert Njme and Title of the Officer /*O i(s) of Signer(s) OFFICIAL SEAL DARENVAS8 COUNT/ S. 21, 201 (Xi who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) p/are subscribed to the within instrument and acknowledged to me that rye/sr)e/they executed the same ih bte/her/their authorized capacity (ies), and that by hfe/hjtrAheir 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my Signature official seal. OPTIONAL Though the information below is not required by law, it may prove valut and could prevent fraudulent removal and reattachment of this (Si Description of Attached Document Title or Type of Document: Document Date: M. ^^ft***"6*" Signer(s) Other Than Named Above: ? relying on the document Another document. . Number of Pages:. Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact Signer's Name: P Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator n Other: Signer Is Representing: D Trustee D Guardian or Conservator D Other: Signer Is Representing: O2O)TNationalNotaryA8sociation'9350DeSotoAve.,P.O.Box2402'Ctiat8worth.CA 91313-2402 'Www.NationalNotary.org ltem*5907 Reorder Can Toll-Free 1-800-87^6827 F:\FARMER\KATHY\ENCROACHMENTS\Garcias ENCROACHMENT AGMT.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On 3Sl=pLJ)$. before me,' Dab personally appeared /fcbgt £ fe H . jJ 0f /! gy fl 1 j? tiVnd Title of tw Officer / (s) ol Signer(s) . | « I - I I I ~ ^(AMBRA L. AUSIIN t Commission* 1738614 I Notary Public - California | San Diego County - » Place Notaiy Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/afe-subscribed to the within instrument and acknowledged to me that he/sfee/tbey executed the same in his/har/thair authorized capacity(ieef, and that by his/hesfth*ir signature^ on the instrument the person^, or the entity upon behalf of which the person(s} 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. Signature.SigWtireVNoteryPublic OPTIONAL 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. TM.rt-j Description of Attached Document Title or Type of Document: C.lQi Document Date: f ,£ef>\JLmh&@ 'Q% Signer(s) Other Than Named Above: . ,<L fY\jg D . Number of Pages:. Capacities) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator n Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here 8aasa8Sfl&«»«««sy<»«i8aKyflKi^^ ©2007NationalNotaryAssociatlon-93K)DeSotoAve.,RO.Box2402.Chatswor1h,CA 91313-2402•www.NattonalNotaiy.org ttam#5907 Reorder.CaJITctl-Ftee1^00-876-68Z7 F:\FARMER\KATHY\ENCROACHMENTS\Garcias ENCROACHMENT AGMT.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of: On A^*^2fi&_ before me, Efr*^**s M personally appeared. Here Insert Name and Title of the Officer Name(s) of Signerfs) OFFICIAL SEAL I DAREN VASS 1 SAM DIEGO COUMTY sMY COMM. EXP. NCV, 21, 201 Of who proved to me on the basis of satisfactory evidence to be the person^ whose name($) is/jtre subscribed to the within instrument and acknowledged to me that he/she/tyiey executed the same in his/hpr/th^ir authorized capacity(ie^B), and that by his/hw/J|*eir signature^) on the instrument the person(ai), 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 Place Notary Seal Above Signature. OPTIONAL - of Notary Public Though the information below is not required by law, it may prove valuable to Arsons relying on the document and could prevent fraudulent removal and reattachment of this form to^inother document. Description of Attached Document Title orType of Document: WWpfUwW frnnrftvuHl ^ Document Date: ^ yrl^w/*^ ***** Number of Pages: S Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ; Signer Is Representing: _^_ O2007NationalNcitaryAasociation>9350DeSotoAve.,P.O.Box2402>Chat5m>rth,CA 91313-2402-vnm.NatlonalNotaiy.org ttem*5907 Reorder Can ToH-Free1-800-87&«827 F:\FARMER\KATHY\ENCROACHMENTS\Garcias ENCROACHMENT AGMT.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On ^ Date personally appeared before me, ...d p (\Here Insert Name an " nd Title of tt* Oldcer Name(s) of Signers) COMM. #1716079 2 Notary Puttie - California 5 San Diego County - ' My Cotnm. Exptres-Fab. 2.2011 f who proved to me on the basis of satisfactory evidence to be the person^, whose nameTfsjfl|&H'fr subscribed to the witljiri instrument and acknowledogd to me that -h^gh£«hey executed the sarnejntd^e^their authorized capacity(i&s), and that by -his/QefKhek signature^ on the instrument the person^ or the entity upon behalf of which the personfs^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. Place Notary Seal Above Signature. OPTIONAL - Signature of 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: Document Date Document: 9: ^C, Number of Pages: ''UCfLr *-> *rr TX.^B^*-'^ I/ Signer(s) Other Than Named Above: rAOL CT, (qA&C'&A Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): O Partner —n Limited D General D Attorney in Fact 6oev/k.o4, Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator n Other: Signer Is Representing: D Trustee D Guardian or Conservator D Other: Signer Is Representing: O2007Natkmal Notary A88ociatkm-9350DeSoto A\w.,P.O.Box2402'Chatsworth.CA 91313-2402-wvw.NMkmalNotaiy.org ltem*5907 Reorder Can Tdl-Frse 1^00-876-6827 F:\FARMER\KATHY\ENCROACHMENTS\Garcias ENCROACHMENT AGMT.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^-^ ^VlFfciO On OCT^fc^- <**> , <)oc>£ before me. ' Date personally appeared JjA^i f^ «sAv } 1^,£ L.^^Lev Nw^ci /U-6UC-. Here Insert Name and Title of the Officer • Name(s) of Signer(s) • Iromnowuv 177W4Motafy Public • CoNtofflio • Son Df*90 County who proved to me on the basis of satisfactory evidence to be the personfef whose name^ is/aX subscribed to tne within instrument and acknowledged to me that he/$he^thpy executed the same in his/t»ef7{t»«fr authorized capacity(iei}, and that by his/tyerf/thpif signaturejXf 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. Place Notary Seal Above WITNESS my hand and official seal. 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: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Individual D Corporate Officer — Title(s): _ D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual D Corporate Officer — Title(s): C3 Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION Lots five (5), Six (6) and the southeasterly eighteen (18) feet of Lot Seven (7) in Block thirty-four (34) of Carlsbad Townsite, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 535 filed in the office of the County Recorder of said San Diego County May 2, 1888. EXHIBIT "B" EASEMENT A general utility and access easement granted to the City of Carlsbad, as shown on Map thereof No. 535 filed in the office of the County Recorder of said San Diego County May 2, 1888. LOCATION MAP 2to 25' FRONTAGE GARCIA'S RESTAURANT 2968 STATE STREET PROPOSED PLANTER EXTENSION STATE STREET 1 PROJECT NAME GARCIA'S MEXICAN RESTAURANT PROJECT NUMBER PR08-42 EXHIBIT C