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HomeMy WebLinkAboutCT 2017-0004; Oak and Madison LLC; 2020-0046856; 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# 2020-0046856 I llllll lllll lllll 111111111111111 lllll lllll lllll 11111111111111111111111 Jan 29, 2020 10:34 AM OFFICIAL RECORDS Ernest J. Dronen burg Jr SAN DIEGO COUNTY RECORDER FEES $35.00 (S82 Atkins $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-305-10-00 -----------PROJECT ID: CT2017-0004 -----------PROJECT NAME: SIX ON MADISON RELATED PROJECT ID: EAGREE2018-0154 RELATED PROJECT ID: RP 2017-0009 ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Oak and Madison, 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 3095 Madison Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-305-10-00, 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 Street and Public Utility 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 raised planters to remain in a portion of the Public Street and Public 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 1 Q:ICED\LandDev\PROJECTSICTICT2017\CT2017-0004 Six on Madison -Chua\ENCROACHMENT AGMTdoc 9/5/2014 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Mehran Saberi Oak and Madison, LLC 7851 Mission Center Court, Ste. 200 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. 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. 2 Q:ICED\LandDev\PROJECTS\CnCT2017\CT2017-0004 Six on Madison -Chua\ENCROACHMENT AGMT.doc 9/5/2014 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on :3 o1'L day of 8ft' 1/ , 204. this OWNER: Oak and Madison, California limited liability company By: Mayfair Group Holdings, California corporation, dba Communities Mehran Saberi (Print Name Here) By: LLC, a Inc., a Mayfair ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California RCE 63912 Exp. 9/30/2020 ---rlN'\ ~A.J:::>L..L.... SEN I CR. ~IN G"t:::::R flCE .S~~al Q ICED\LandDev\PROJECTSICTICT2017\CT2017-0004 Six on Madison -Chua\ENCROACHMENT AGMT.doc 9/5/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 (:..a.,¥\_ 01:0~ O ) . On O lj f 3 0 j U l ':1. before me,.A~,h%4 kj h ne-tie B rt d~ l ,r\lo k'r'j A.t.,hi ~ t Date \.. Here Insert Na!"e and Title of the Officer personally appeared ~k:}VOvv\. <;e.,{z,<?+-• Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~s) whose name(s) is/ai subscribed to the within instrument and acknowledgpd to me that he/s~ltl;iby executed the same in his/hpr/trteir authorized capacity(ies), and that by his/t}flr/thf3ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Sea/ Above 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. SigOffluffi 6~ (~ Signatlffer NotN}'Ubllc ---------------OPTIONAL---------------- Though this section is 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: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator □Other: ______________ _ □ Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CEDILandDev\PROJECTS\CT\CT2017\CT2017-0004 Six on Madison -Chua\ENCROACHMENT AGMT.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 • 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,,Sl/\ C)\;e@,O } On<. _1:x\/'\l)Cl,{j/\ \, l(,, 2.o before me, Ceoelic,\. '.Eevvia.m.a /. ~om~ Pt4hc,, ' Dtlte Here Insert Name andTitle of thel!Jfficer personally appeared _:O~'~VY\~~C ..... c_1~V:~Y~6=-----\ ~\ ________________ _ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(,st whose name{st-js/ar.e-subscribed to the within instrument and acknowledged to me that he/s~tiley executed the same in his/hef/ti=leir authorized capacity(i,e&), and that by his/hef/ttlefr signaturefs}on the instrument the person{Sr,or the entity upon behalf of which the person(Bt-acted, executed the instrument. •, ............................... ., ................................................ 1 ~ a_,..... . Cecelia Fernandez .,. .· ,: COMM. #2166624 -4 !!; . ..,, NOTARY PUBLIC • CALIFORNIA c [ -. · SAN DIEGO COUNTY J Commission Expires Oct 30, 2020 ................... •.················• ... •.•············· ... · ... ·.···· ... • ..... •.• ... • ..... •.•j Place Notary Seal 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 _______________ _ 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: ___________________________ _ Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(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: _________ _ • ©2018 National Notary Association EXHIBIT A EAGREE 2018-0154 LEGAL DESCRIPTION OF PROPERTY ALL OF LOTS 31 AND 32 IN BLOCK 39, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888; TOGETHER WITH THAT PORTION OF OAK AVENUE, ADJOINING LOT 32 AS VACATED ON SEPTEMBER 17 1985 BY RESOLUTION NO. 8181 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, SAID PORTION OF VACATED OAK AVENUE WAS RECORDED SEPTEMBER 24, 1985 AS INSTRUMENT NO. 1985-352892 OF OFFICIAL RECORDS. APN: 203-305-10 1 of 1 EXHIBIT B EAGREE 2018-0154 LEGAL DESCRIPTION PUBLIC STREET AND PUBLIC UTILITY EASEMENT ENCROACHMENTS THAT PORTION OF OAK AVENUE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT 32 IN BLOCK 39 OF SAID MAP NO. 535, THENCE SOUTH 55°59'55" WEST 140.00 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT; THENCE SOUTH 34°01'06" EAST 10.00 FEET ALONG THE SOUTHEASTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID LOT 32; THENCE NORTH 55°59'55" EAST 140.00 FEET PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT TO THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF SAID LOT; THENCE NORTH 34°01'11" WEST 10.00 FEET TO THE POINT OF BEGINNING. CONTAINS 1,400 SQUARE FEET MORE OR LESS. I ' ' <<, 1 of 1 9.95' 9.95' .: -q · .. -!'.,. J-J DIA. STORM DRAIN ~ PER SDRSD D-27 CONCRETE ALLEY DR/I/EWA Y PER arr STANDARD GS-20 OAK 1£G£ND DESCRIPTION PROPERTY UNE 3" DIA STORM DRAIN UNE FLOW TROUGH PLANTER CURB RAMP CONC. ALLEY SYMBOL EXHIBIT 'c' PUBLIC STREET AND PUBLIC UTILITY EASEMENT ENCROACHMENTS, £AGREE 2018-0154 LOT 31 3-3" DIA STORM DRAIN PIPES PER SDRSD D-27 AVENUE . .,q .: • . . . . .., . ·.•. 20 I 39.92' ,q lio ••• ... ~ . CURB RAMP PER SDRSD G-27 TYPE A 40 I SCALE: 1" = 20' I , f