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HomeMy WebLinkAboutCT 05-12; City of Carlsbad; 2013-0623955; Encroachment Agreementf% RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF GARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2013-0G23955 lllllllllllllllllllllllllllllllllllll OCT17.2013 11:31 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 203-010-12 and 203-010-15 CT 05-12 Ocean Street Residences PR 13-30 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Ocean Street 8 Owner, 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 2303 Ocean Street, in the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 203-010-12 and 203-010-15, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public storm drain 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 porous pavers and retaining wall to remain in a portion of the public storm drain 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. (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 Ocean Street 8, Owner, LLC City of Carlsbad 11750 Sorrento Valley Road, 1635 Faraday Avenue Suite 130 Carlsbad CA 92008 San Diego, CA 92121 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. Capacitv. 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 <^r>(g>iV^ 20 . OWNER, Ocean Street 8 Owner, LLC, a Delaware limited liability company By: Zephyr Partners-Re, LLC, a California limited liability company. Its Manager By: By: (Sign Here) Brad Termini (Print Name Here) {Sign Here) (Print Name Here) APPROVED AS TO FORM: CITY OF CARLSBAD, a municipal corporation of the state of California GLEN K. VAN PESKI, City Engineer actinofbr Distc PI1S8801 Exp. 12/31/2014 CELIA BREWER City Attorney By: EMP Assistant City Attorney CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of S(XO ^V-e^^O On before me, (Here insert name and titi6 of the officer) personally appeared frj^/i ICt V^(A ^(fSkli who proved to me on the basis of satisfactory evidence to be the person(.8)r whose name(5) is/ate subscribed to the within instrument and acknowledged to me that he/she/thcy executed the same in his/her/their authorized capacity(ijes); and that by his/h©r/thcTr signature(.s)-on the instrument the person(«)7 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) CECELIA FERNANDEZ Gommisiion # 1996355 Notiry PutMic • Catifornii Sin Oifoo County ^ My Comm. Exptrtt Oct 30.20161 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 infonnation) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) n 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 ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. 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 acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California Of AA-eo^'o County on RfeQh^ before me, UY^^ • '^OY^^ V^^"Wf ^ Date I Here Insert Name and Title of the Officer { personally appeared Name(s) of Signer(s) LHiOSAY KIKO BONAR Coffimitiion # 1986326 Notary PuMic-Cttifomia San 0^ County ^ liy Comm. Exjihif Jul ^J.^^lfif who proved to me on the basis of satisfactory evidence to be the personwhose name(^is/^ subscribed to the vwthjfi instrument and acknowledged to me that he/iff^hey executed the same in his/heJ^^ir authorized capacity(id^, and that by his/hOT^eir signaturej(^ on the instrument the personp^ or the entity upon behalf of which the person(5^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 - J Mature 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 Docunnent: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Tltle(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "k" PR 13-30 PROPERTY LEGAL DESCRIPTION A PORTION OF LOT 'A' OF GRANVILLE PARK UNIT NO. 2 ACCORDING TO MAP THEREOF NO. 2037 AND THAT PORTION OF LAGUNA DRIVE OF GRANVILLE PARK ADDACENT THERETO (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED DULY 19, 1963 AS DOCUMENT NO. 126793, RECORDS OF SAN DIEGO COUNTY CALIFORNIA) ACCORDING TO MAP THEREOF NO. 1782, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND FILLED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Gregory A. Helmer, LS 5134 RBF Consulting 9755 Ciairemont Mesa Blvd San Diego, CA 92124 DN 55-100857 / 131150 EXHIBIT "B" PR 13-30 PUBLIC STORM DRAIN EASEMENT LEGAL DESCRIPTION Public Storm Drain Easement Per Final Map FM 05-12. EXHIBIT "C PR 13-30 20' PUBLIC STORM ^^^^^JJjJJJ^ DRAIN EASEMENT PRIVATE STORM DRAIN ^SD^ RETAINING WALL L[ CONCRETE PAVEI^ENT BELGARD ECO-DUBLIN POROUS PAVERS PROJECT ID: CT 05-12 APN 203-010-12 CDNSULTI N G son AVEMM ENQNAS, SUITC 280 CARLSBAD. CAUFORMA Bzooe'aae 7aa47e.9ia3 • FAX7a0.478i>in • wmrRBF.am