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HomeMy WebLinkAboutCT 06-24; LNR CPI BRESSI RETAIL LLC; 2011-0287300; 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 it 2011-0287300 JUN06, 2011 10:26 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dmnenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-191-10-00 213-191-11-00 PROJECT ID: CT 06-24 PROJECT NAME: Bressi Ranch Commercial RELATED PROJECT ID: PR 11-17 RELATED PROJECT ID:RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and LNR CPI Bressi Retail, LLC ("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 on both sides of Finilla Place at APN 213-191-10 & 11 within the City of Carlsbad, San Diego County, California, 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 Right of Way 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 building corners and fascia, roof eve and overhang, door opening, awnings, street furniture and potted plants 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 Q:\CED\LandDev\PROJECTS\CT\CT 06\CT 06-24 Bressi Ranch Village Center - Wickham\Bonds and AgreementVENCROACHMENT AGMT, PR11-17.doc (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 LNR CPI Bressi Retail, LLC City of Carlsbad c/o LNR Property Corporation 1635 Faraday Avenue Commercial Property Group Carlsbad CA 92008 4350 Von Karman Ave., Suite 200 Newport Beach, CA 92660 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 C:\Documents and Settings\sarms\Desktop\ENCROACHMENT AGMT LNR CPI Bressi Retail LLC (3J.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 \Qftv^ day of PQgv/ 20_ OWNER LNR CPI Bressi Retail, LLC, a California limited liability company By: LNR CPI A&D Holdings, LLC, a Delaware limited liability company, its member By: LNR Commercial Property Investment Fund Limited Partnership, a Delaware limited partnership, its member By: LNR CPI Fund GP, LLC, a Delaware limited liability company, its general partner By: CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer (Sign Here) R. LANG COTTRELL VTCE PRESIDENT By: (Print Name & Title Here) 1(Sigh Here) CHRISTOPHER J. MARTIN PLS8801 Exp. 12/31/2012 VICE PRESIDENT (Print Name & Title Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney C:\Documentsand Settings\sarms\Desktop\ENCROACHMENT AGMT LNR CPI Bressi Retail LLC (3).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date before me,L personally appeared Here Insert Name and Title of tHte Officer Name(s) of Signer(s) L. GAUTHIER Commission # 1920212 Notary Public - California Orange County My Comm. Expires Jan 30, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^) whose name&) is/are subscribed to the within instrument and acknowledged to me that he/sfte/they executed the same in his/hef/their authorized capacity(tfcs), and that by his/her/their- signature^) on the instrument the person(s)., 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. WITNES Signature nd offiqim Signature of Notary Public 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. Description of Attached Document Title or Type of Document: Document Date: ->&&rf\todr Signer(s) Other Than Named Above: cyr* Capacity(ies) Claimed by Signer(s) Number of Pages:. 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: RIGHTTHUMBPRINT; OF SIGNER Top of thumb here 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:, RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402'Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder:CallTdl-Free 1-800-876-6827 C:\Documents and Settings\sarms\Desktop\ENCROACHMENT AGMT LNR CPI Bressi Retail LLC (3).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared. before me,L . Hare Insert Name and Titte of the Officer Name(s) L. GAUTHIER Commission # 1920212 Notary Public - California Orange County My Comm. Expires Jan 30,2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^ whose namefc) is/a» subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/their authorized capacity{te«), and that by his/her/their signature^ on the instrument the personal, 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 Signature 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. Description of Attached Document Title or Type of Document: Document Date 5— iO i Document . %vlgiC^lnr\^ i r^ ~~? f^i iILJ^^-fJl I Number of Pa Signer(s) Other Than Named Above:jCUC\Qi 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 D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER 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: RIGHTTHUMBPRINTI OF SIGNER Top of thumb here O2007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402 -Chateworth, CA 91313-2402-www.NationalNotary.org Item #5907 Reorder Call ToH-Free 1-800-876-6827 C:\Documents and Settings\sarms\Desktop\ENCROACHMENT AGMT LNR CPI Bressi Retail LLC (3).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of o> On Date personally appeared before me,e \- > ^ U5" Here Insert Name and Title of the Officer V . Title of Name(s) ol Signer(s) TERIE L. ROWLEY I Commission # 1773534 I Notary Public - California | San Diego County - MyComm.Explre8Oct15.20n L who proved to me on the basis of satisfactory evidence to be the person^ whose name(^) is/a^ subscribed to the within instrument and acknowledged to me that he/sj^e/they executed the same in his/hX/thetf authorized capacity(i^), and that by his/lyf/the^ signature^ on the instrument the person^ or the entity upon behalf of which the person(sj 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 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:.Number of Pages:':^ Signer(s) Other Than Named Above: M 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: RIGHTTHUMBPRINT OF SIGNER 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:. RIGHT THUMBPRINT OF SIGNER Top of thumb here ££X^3fi£X=z&:X2<3e*2:3<i-&<^V^^ ffi2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 LOTS 2 AND 3, INCLUSIVE, OF CARLSBAD TRACT CT 06-24 BRESSI RANCH COMMERCIAL, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15689, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO ON MAY 9, 2008. APN: 213-191-10-00 (LOT 2) 213-191-11-00 (LOT 3) EXHIBIT A LEGAL DESCRIPTION PROJECT DESIGN CONSULTANTS Planning | Landscape Architecture | Environmental | Engineering | Survey 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0343 Fax P: \3219\ENGR\EXHIBITS\EXHIBIT A-20110407.dwg THAT PORTION OF FINNILA PLACE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 10, 2006 PER GRANT DEED OF EASEMENT, PR 06-23 OF OFFICIAL RECORDS EXHIBIT B PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Environmental I Engineering I Survey 701 B Street. Suite 800 San Diego. CA 32101 619.235.6471 Tel 619.234.0349 Fax P: \3219\ENGR\EXHIBITS\EXHIBIT A-20110407.dwg DETAIL TRADER JOE'S DETAIL "B" EXHIBIT C ENCROACHMENT DEPICTION J SHOP "A" ^DETAIL "D" TOWN GARDEN FINNILA PLACE DEDICATED PER GRANT DEED OF EASEMENT, REC MAY 10, 2006 PR 06-23 ENCROACHMENTS ENCROACHMENT AREA DETAIL "A" SCALE 1"=5' DETAIL "B" SCALE 1"=5' ENCROACHMENT- BUILDING CORNER TRADER JOE'S TRADER JOE'S 0.1'-'- 9 jr-ENZROACHMENJ /l/gUILDING CO/?/) -)-ROW DETAIL "C" SCALE 7"=5' 'NCfalbACHMltNT 0.2'H RUIirjNC, CORNER SHOP 'A' DETAIL "D" SCALE 7'=70' ^-ENCROACHMENT - BUILDING CORNER ^-ENCROACHMENT ' BUILDING CORNER PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Environmental I Engineering I Survey 701 B Street, Suite 800 San Diego, CA 92101 619.235.6471 Tel 619.234.0349 Fax P: \3219\ENGR\EXHIB/TS\EXH/BIT A-20110407.dwg