HomeMy WebLinkAboutCDP 10-15; Evergreen Hebron Limited Partnership; 2013-0142199; Encroachment AgreementP
DOCtt 2013-0142
I
99
RECORDING IS REQUESTED MAR 05, 2013 2:05 PM FOR THE BENEFIT OF THE CITY MAR 05, 2013 2:05 PM
OF CARLSBAD OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
WHEN RECORDED MAILTO: Ernesl J. Dronenburg, Jr., COUNTY RECORDER
FEES: 36.00
City Clerk PAGES:
CITY OF CARLSBAD 1 Hint IIIII IIIII IIIII IIIII IIIII ••III ••III ••III ••III ••III ••ill ••III ••ill •••••
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008 1 IIIIII IIIII IIIII IIIII mil IIIII IIIII mil mil inii iiin inn mn inn nm
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT ID
PROJECT NAME
RELATED PROJECT ID
RELATED PROJECT ID
203-251-03-00
CDP 10-15
PR 12-02
RW
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Evergreen Hebron Limited Partnership("Owner"),
in accordance with Chapter 11.16 of the Carlsbad Municipal Code.
1. The Propertv. Owner is the owner of that certain real property located at
3015 Ocean Street, within the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 203-251-03-00, 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 street and 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 landscape and irrigation, walkways and roof overhang to
remain in a portion of the public street and 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.
(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.
8
3015 OCEAN STREET
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(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 Evergreen Hebron LP
City of Carlsbad 1821 S Coast Highway
1635 Faraday Avenue Oceanside CA 92054
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.
///
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///
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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 /A day of S\tin^^a^A • 20.1^.
OWNER
Evergreen Hebron Limited Partnership
By:
(Sign Here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
GLEN K. VAN PESKI, City Engineer
By:
(Print Name Here)
(Sign Here)
(Print Name Here)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Deputy City Attorney
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EXHIBIT "A"
PROPERTY DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, AND IS DESCRIBED AS FOLLOWS:
The Southeasterly 58 feet of tbe following described property: that portion of Tovwi of
Carlsbad, in tbe City of Carlsbad, In the County of San Diego, State of California, accordlr^
to Map thereof No, 365, filed In the office of the County Recorder of San Diego County on
February 2, 1887, and that portion of Ocean Street as shown on said
Map, as closed to public use, descritjed as follows: beginning at the intersection of the
Southwesterly (Elongation of the Northwesterly line of Block 1 of said Town of Carlsbad,
with the Southwesterly line of State Highway Division VU, Route 2, Section "B", Sheet 18,
approved October 17, 1912, as per Map on file in the offlce of the County Surveyor of San
Diego County; thence along said Southwesterly line. South 30"66 '20"East 100.2 f^t;
thence Sixith 55* 27 West to the ocean mean high tide liner thence Northwesterfy ak>ng said
mean high tide line to an Intersection with the Southwesterly prolongation of the
Northwesterly line of Block 14 of said Town of Carlsbad; thence Northeasterly along said
prolongation to tim point of b^innlng*
EXCEPTING th^frcmi tfiat por^n, if any, lyfcig between the Westerly line of State Highway,
DIvfeiori Vll, Route 2, Section "B", Sheet 18, approved October 17, 1912 and the Westerly
line of Ocean Street as shown on said Map No. 365.
ALSO EXCEPTING therefrom that portion tt»reof ctescrlbed in deed to Millard Haymore, et ux,
and recorded April 16, 1953 in Book 4823, Page 377 of Officii Records, described as
follows: the Northeast®% 24 feet of the Southeasterly 2 feet of the following ctescribed
property: that pcMlwi of Town of Carlsbad, in ttie City of Carlsbad, Coimty of San Diego,
State of CaMfomla, ao^dbig to Map thereof No. 365 filed in the office of the County
Records of Sari Oiego County on F^uary 2, 1887, »id ttiat pcwtion of C^ean Street as
si^wn on said Map, as clo^ to publfc use, described as follows: b^inning at the
intersection of the Southwesterly prolor^ation of the NiMthwesterly line of Block 14 of said
Town of CrtbMi with the Southwestwiy Iim of State Highway Division VII, Route 2, Section
"B", Sheet 18, approved October 17, 1912, as per Map on flte h the office of ttm County
Surveyor of San Diego Coimty; thrice along said Southwest^ly line, Soutti 30^*56 '20rEast
100,2 feet; thence South 6S **27 V\test to tf» ocean main high tide Bne; th^ce Northvi^esterly
along said it^an high tkte line to an intersection with the Southwesterly prolcm^tion of the
Northwester^ line of ^>ck 14 of said Town of Carlsbad; thence Northeasterly along said
prolor^atfon to the point of beginning.
EXCEPTING ttierefrom that portton, if any, lying between the Westerly line of State Highway,
Division Vll, totJte 2, Section "B", Sh^t 18, approved October 17, 1912 and the Westerty
line of Oc^an Street as shown on said Map No. 365,
AssesscH^'s Parcel No: 203-251-03-00
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EXHIBIT "B"
EASEMENT
Ocean Street, a public street as dedicated as part of Hayes Land Company
addition to Carlsbad Map No. 2, in the City of Carlsbad, County of San Diego,
State of California according to map thereof No. 1221, filed in the office of the
County Recorder of San Diego County, November 4, 1909.
5
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EXHIBIT "C"
OCEAN STREET
N3Cf56'20"W
ORI&INAL ^ STATE HI6HWAY-
izzzl 56.1f
S>TATE HI6HWAY DIV. Vll RT 2
linjIllllllllllUlllllllIlK j 130* if
250' DEDICATION
TV250'
O
PORTICO 5TATE HI6HWAY t
VAC. l/5/m6
T
01
8"
C^IfelNAL 5WLY LllvE
01
1
55.00'
PORTION Of THE TOWN OF CAR
-^33Cf56'20t
200'
L 3 6 A 0
LEGEND:
AREA OF ENCROACHMENT TO INCLUDE: ROOF
OVERHANG, WALKWAYS, LANDSCAPE AND IRRIGATION
WITHIN A PORTION OF THE PUBUC STREET AND UTILITY
EASEMENT, SEE PR 12-01, RECORDED NOVEMBER 9, 2012
AS DOC#2012-0702929
PROJECT NAME
3015 OCEAN STREET (EVERGREEN HEBRON LP)
PROJECT NUMBER
PR 12-02
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County 6lisk }
Date
OnNAJL^ iL?^9D|'o> before me,
"* * ^"^^ ~ nwo III
NameM of SlflnerQ^,
personally appeared
Here Insert Name and THIe of the Offlcef \ it
CHARRIES [
COMM. #1821313 z
Notary Public - CaHfornia §
San Diego County
Place Notary Seal Atx>ve
who proved to me on the basis of satisfactory evidence to
be the person^ whose nam^ is/|]»Csubscribed to the
within instrument and acknowledged to me that
he/s^i}^ executed the same in his/^/tl^ authorized
capacity(jB<S), and that by his/l)er/t^ signature(i<)s.on the
instrument the persorij^, or the entity upon behalf of
which the person(Jiijr 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.
WITNES
Signatun
and official seal.
Signature of Notary PubHc
OPTIONAL
Though the infonnation below is not required by law, it may prove valuable to persons relying on the document
and could prevent fiaudulent removal and reattachment of this form to another 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:
• Individual
• Corporate Officer —Title(s):
• Partner— • Limited • General
• Attorney in Fact
• Trustee
• Guardian or Conservator
• Other:
Signer Is Representing: •
RIGHT THUI.IBPRINT
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:
Signer Is Representing:
RIGHTTHUMBPRINT
OF SIGNER
Top of thumb here
tnoniYTH^Hqnal Nniarv ABiMKhrtk?p««»aw>s^" A"» 9An!> *rhaiatint#i nA Qt.^i.a.g^fP»vi«iiiw NntinnfllMntan/ nm Itam »&g07 Reorder CaU ToH-FcBS 1-800-876-6827
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of S<xtn
On OZlos/r^ before me, Cecclla i^e\r^av\ire'Z f NcAp-iTy PuloU'e.
(Here insert name an^title of the officer)
personally appeared Crt 1-6/^ K \J \/N ^ I
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 instmment 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 Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
(Notary Seal)
^_ MMMM
CECELIA FEfWANOEZ
ComMstiofl#19Ma«
Notary PuMte-CaMornii
tM OitMi CMfel
ADDITIONAL OPTIONAL INFORMATION
DESCRIPTION OF THE ATTACHED DOCUMENT
(Title or description of attached document)
(Title or description of attached document continued)
Number of Pages Document Date
(Additional information)
CAPACITY CLAIMED BY THE SIGNER
• Individual (s)
• Corporate Officer
(Title)
• Partner(s)
• Attorney-in-Fact
• Trustee(s)
• Other
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in Califomia must contain verbiage exactly as
appears above in the notary section or a separate acknowledgment form must be
properly completed and attached to that document. The only exception is if a
document is to be recorded outside of California. In such instances, any altemative
acknowledgment verbiage as may be printed on such a document so long as the
verbiage does not require the notary to do something that is illegal for a notary in
Califomia (i.e. certifying the authorized capacity of the signer). Please check the
document carefully for proper notarial wording and attach this form if required.
• State and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• Date of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public).
• Print the name(s) of document signer(s) who personally appear at the time of
notarization.
• Indicate the correct singular or plural forms by crossing off incorrect forms (i.e.
he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
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Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
• Signature of the notary public must match the signature on file with the office of
the county clerk.
• Additional information is not required but could help to ensure this
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• Indicate the capacity claimed by the signer. If the claimed capacity is a
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• Securely attach this document to the signed document
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