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HomeMy WebLinkAboutCUP 10-12; Chabad at La Costa; 2012-0333385; Encroachment AgreementDOCtt 2012-0333385 niiiiiiinii JUN 07, 2012 9:24 AM 8825 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 39.00 WHEN RECORDED MAIL TO: PAGES: 1 llllll Hill Hill III!! Hill HIM mil Hill Hill HIM iiiii iiiii iiiii Mill iiiii City Clerk liiiillililiililiii^ CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 215-580-08-00 CUP 10-12/CB120241 CHABAD AT LA COSTA PR 12-15 RW 12-64 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Chabad at La Costa, a California Nonprofit Religious Corporation ("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 1980 La Costa Avenue within the City of Carisbad, San Diego County, California, Assessor's Parcel Number 215-280-08-00, 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 general utility and street access 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 enhanced concrete and drain 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, Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin Doc\ENCROACHMENT AGMT, Revised 8-11-10.doc 8826 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 Chabad at La Costa City of Carlsbad 1980 La Costa Ave. 1635 Faraday Avenue Carisbad CA 92009 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 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin Doc\ENCROACHMENT AGMT, Revised 8-11-10.doc 8827 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 (o^ day of i^h^f-H , 20 . OWNER CHABAD AT LA COSTA, a CITY OF CARLSBAD, a municipal Califomia Nonprofit Religious corporation of the State of California Corporation By: <^ ^^^^ GLEN K. VAN PESKI, City Engineer ^ (Sign Here) (Print Name Here) f'*^^^ PL'S 8801 Exp. 12/31/2012 By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney 3 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin Doc\ENCROACHMENT AGMT, Revised 8-11-10.doc 8828 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SanPiego On MAR 0 6 201^ Date } before me, Walter E. Pueschel, a Notary Public Here Insert Name and Title of the Officer personally appeared _ Name(s) of Signer(s) 71 WALTER E. PUESCm CommlMlon # 17mM Son OlsQo Cminlir ^ MyComm.E)(ptwtJul9.20fy i who proved to me on the basis of satisfactory evidence to be the person(8)^ whose name(ig) is/aie subscribed to the within instrument and acknowledged to me that he/sh^^tbey executed the same in his/heiZtbeir authorized capacity (ies), and that by his/heiZttieir signature;^*) on the instrument the person(9),'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 my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - SignatyWX)f 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: MAR 0 6 2012 Number of Pages: -7 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: JT^OA^C- C. ^^C-f^/lf^ 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 • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUIVIBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 935G De Soto Ave., RO. Box 2402 • Ctiatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\Correspondence\Admin Doc\ENCROACHMENT AGMT, Revised 8-11-10.doc EXHIBIT A 8829 Real property in the City of Carisbad, Cbunty of San Diego, State of Califomia, described as follows: LOT 8 OF CARLSBAD TRACT NO. 97-09, LA COSTA LUCKY SAV-ON SHOPPING CENTER #121- 283, IN THE COY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14038, RLED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 15, 2000 AS INSTRUMENT NO. 00-496121 OF OFHOAL RECORDS. APN: 216-580-08-00 EXHIBIT "B" OP•5(1 EASEMENT A general utility and street access easement granted to the City of Carlsbad, as shown on Carlsbad Tract CT 97-09, La Costa Lucky Sav-on Shopping Center #121-283, Map number 14038, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, on September 15, 2000 as instrument no. 00-496121 of official records. EXHIBIT "C" CUP 10-12/CB120241 ~ PR 12-15 ~ RW 12-64 PREPARED BY DATE DAN HOOPER. LS 7249 NOTES: 1) THE LOCATIONS OF THE ENCROACHMENTS SHOWN HEREON ARE PER THE APPROVED PLANS AND MAY VARY DUE TO TYPICAL FIELD CONSTRUCTION PRACTICES. ACTUAL DEVIATIONS FROM THE APPROVED PLANS. IF ANY. IS LEFT TO THE DISCRETION OF THE CITY ENGINEER. 2) I { INDICATES RECORD DATA PER MAP 14038 SEE EXHIBIT "A" FOR SUBJECT PROPERTY LEGAL DESCRIPTION I SW CORNER SUBJECT PROPERTY ROW LA COSTA AVE EXIST PCC SIDEWALK EXIST PCC CURB & GUTTER SEE EXHIBIT "B" FOR PUBUC RIGHT OF WAY LEGAL DESCRIPTION City of Carlsbad Project No: CUP 10-12 APN: 216-580-08 ENCROACHMENT FOR CHABAD AT LA COSTA Conway k Associates, Inc. • Telephone (760) 753-1453 SHEET 1 OF 2 J.N. 10-002 Mar 06. 2012 - 12:09:54 8832 NOTES: 1) THE LOCATIONS OF THE ENCROACHMENTS SHOWN HEREON ARE PER THE APPROVED PLANS AND MAY VARY DUE TO TYPICAL FIELD CONSTRUCTION PRACTICES. ACTUAL DEVIATIONS FROM THE APPROVED PLANS, IF ANY, IS LEFT TO THE DISCRETION OF THE CITY ENGINEER. 2) { } INDICATES RECORD DATA PER MAP 14038 City of Carlsbad Project No: CUP 10-12 APN: 216-580-08 ENCROACHMENT FOR CHABAD AT LA COSTA Conway k Associates, Inc. • Telephone (760) 753-1453 SHEET 2 OF 2 J.N. 10-002 Mar 06, 2012 - 12:09:54 8833 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On V^^^^ TT Date personally appeared } before me, i TitlAof the Officer I ' Here Insert Name and TItldLof the Officer NarT)e(s) of Signer(s) I Z X > »Comin. Expif 8 Oct 15.20151 TERIE L ROWLEY Commission # 1952691 Notary Pubtic - California San Diego County who proved to me on the basis of satisfactory evidence to be the personj^ff whose name(^ is/apET subscribed to the within instrument and acknowledged to me that he/sp^h^/executed the same in his/h>jf^heff authorized capacity(i^aO, and that by his/hpf^h^ signature]^) 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. WITNESS my hand and official seal. Place Notary Seal Above 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: 1 JL 'i^ Document Date: lA^-^'^^^x U , c^~-ot^ Number of Pages: 3 3gA<^KjiwA>a r^^-^>^<^^ Signer(s) Other Than Named Above: J^<^^tf^e e^uAa^T Av^ Ve^cACv^eYv^ r Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservai • Other Signer's Name: • Individual ©2007 Natkjnal Notary Assodatton • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• vww.NatlonalNotaryorg Item #5907 Reorder: Call ToU-Ftee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 10\CUP 10-12 New Jewish Community Center - Bobbett\CorrespondenceV^dmin Doc\ENCROACHMENT AGMT, Revised 8-11-10.doc