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HomeMy WebLinkAboutHMP 15-01; Thankful Texans LLC; 2019-0016170; Encroachment Agreement\\, f DOC# 2019-0016170 111111111111 lllll 11111111111111111111 lllll lllll lllll 111111111111111111 Jan 15, 2019 02:44PM OFFICIAL RECORDS RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $44 00 (SB2 Atkins. $0.00) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 PAGES 11 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-200-03 ------------PROJECT ID: HMP15~1 ------------PROJECT NAME: Martin Residence (Thankful Texans Project) RELATED PROJECT ID: EAGREE2018-0012 RELATED PROJECT ID: PR2018-0009, GR2018-0019, ROW2018-0391 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Thankful Texans, LLC, A Texas 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 4469 Adams Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-200-03, 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 purposes 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 walls, stairs and landscaping 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, Q ICED\LandDev\PROJECTSIHMPIHMP 15\HMP 15-01 Martin Residence -Rick\PC DWG 512-1A, GR2018-0019, PR 2018-0009, ETCIEAGREE2018-00121ENCROACHMENT AGMT EAGREE2018-0012.doc 9/5/2014 L/~7 r 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Thankful Texans, LLC Attn: Cheryl Burrows 8916 Calera Drive Austin Texas 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 2 Q:ICED\LandDev\PROJECTS\HMPIHMP 15\HMP 15-01 Martin Residence -Rick\PC DWG 512-1A, GR2018-0019, PR 2018-0009, ETC\EAGREE2018-0012\ENCROACHMENT AGMT EAGREE2018-0012.doc 9/5/2014 such signature(s) thereby bind such party. IN W~TNESS WHEREOfn these parties hereto have executed this Agreement on this __ /_~_ day of LIJLJlm&;Y , 20~- OWNER Thankful Texans, LLC, A Texas Limited Liability Company By C (cc,u/ ~i I w1;u/ .. ,,,{Sign Here) Cheryl Burrows (Print Name Here) By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California Q.ICED\LandDev\PROJECTSIHMPIHMP 15\HMP 15-01 Martin Residence -Rick\PC DWG 512-1A, GR2018-0019, PR 2018-0009, ETCIEAGREE2018-0012\ENCROACHMENT AGMT EAGREE2018-0012.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 Ctiria f'\ ) County ofc l(\ u1e6D ) On~u't£\N92f \1 JO~befo,erne, QQXQI\j)Q ts"°% Ne\a~b{l,, Date ~ ~nsert Name a a T"1e or the"'"'°' personally appeared l {~ Name(s) of Signer(s) 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 instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. r ... ••• .. ••• .... •••••·••••••N,.-•._ • .._ N_..,._._. •N.-.••••• •1 ...... ,.£ .. mh•RoXANNE JONES a COMM.#2107902 -1 ~. NOTARY PUBLIC • CALIFORNIA lij ~ SAN DIEGO COUNTY ..,. l Comnission Expi'eS April 20. 2019 j .w.·.•••_. ........ ·.••··••-.. ....... _. •• _. ................. u_. ........................... .. Place Notary Seal 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 N ---------------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): ______ _ □ Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact D Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: D 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 \CED\LandDev\PROJECTS\HMPIHMP 15\HMP 15-01 Martin Residence -Rick\PC DWG 512-1A, GR2018-0019, PR 2018-0009, ETCIEAGREE2018-00121ENCROACHMENT AGMT EAGREE2018-0012.doc 9/5/2014 CERTIFICATION MADE UNDER PENAL TY OF PERJURY (Code of Civil Procedure 2015.5) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Sig nat u re: __ }s----1-.._~___.,.____,.a""'--~..!--'-lQ---'----~--+-F__._--=------------- Firm Nam~able) Rec. Form #R7 (Revised 3-25-16) EXHIBIT 'A' LEGAL DESCRIPTION FOR SUBJECT PROPERTY EAGREE 2018-0012 18-025 10/19/18 THE WESTERLY 75 FEET OF THE EASTERLY 225 FEET OF LOT 6 IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE SIDE LINES OF SAID PROPERTY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 225 FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID EASTERLY 225 FEET. CONTAINS 20,347 SQUARE FEET, MORE OR LESS. CERTIFICATION MADE UNDER PENALTY OF PERJURY (Code of Civil Procedure 2015.5) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: _____ ~__._ ....... d~D......,1...........,.lP~-~.,..____.___ ______ _ Fiir,;Nam~(~appl~ - Place of Execution : __ c=-------'--, ~--+-_.::.of___.____C_a_-r-----'-l~_fu_d __ Oat e:O / 1/!f1J Ir /(Q3S Paretdc¼ Al/3 eo r l0a0{ cA q 2ov1~ Rec. Form #R7 (Revised 3-25-16) EXHIBIT 'B' LEGAL DESCRIPTION FOR EASEMENT EAGREE 2018-0012 18-025 10/19/18 THAT PORTION OF ADAMS STREET NORTH OF AND ADJACENT TO THE SUBJECT PROPERTY FRONTAGE, ALSO A PORTION OF THE WESTERLY 75 FEET OF THE EASTERLY 225 FEET OF LOT 6 IN BLOCK "D" OF BELLA VISTA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2152, FILED MARCH 7, 1929 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, THE SIDE LINES OF SAID PROPERTY BEING PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, SAID EASTERLY 225 FEET BEING MEASURED AT RIGHT ANGLES FROM THE EASTERLY LINE OF SAID LOT 6 AND SAID 75 FEET BEING MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF SAID EASTERLY 225 FEET, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE ALONG THE EASTERLY LINE OF SAID PROPERTY 1. SOUTH 3°51" 43" WEST 5.02 FEET 2. WESTERLY 76.05 FEET 3. NORTH 3°51'43" EAST 5.14 FEET 4. EASTERLY 76.07 FEET CONTAINS 380 SQUARE FEET, MORE OR LESS. 18025.LGL TO A POINT ON A 555.00 FOOT CURVE CONCAVE NORTHERLY A RADIAL TO SAID POINT BEARING NORTH 9°11'02" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°51'03" TO THE WESTERLY LINE OF SAID PROPERTY; THENCE ALONG SAID LINE TO A POINT ON A 550.00 FOOT CURVE CONCAVE NORTHERLY A RADIAL TO SAID PONT BEARING NORTH 17°09'24" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7°55'27" TO THE POINT OF BEGINNING. CERTIFICATION MADE UNDER PENALTY OF PERJURY (Code of Civil Procedure 2015.5) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature: __ -~ ............... ~--'A.,,~lP"---~~------------- ' Firm N~applicable) Place of Execution: Ci'{¼ o[ Car)0eaJ Date:[)(lf1I 19 \v~s Fa rCld~ Ave C ARlSf3AI) GA 9'2-odf Rec. Form #R7 (Revised 3-25-16) HIGHLAND DRIVE EXHIBIT 'C' --=====~•z-: < SCALE: 1"=10' £AGREE 2018-00J 2 0 15 AGUA H[DIONDA LA COON VICINITY MAP ENCROACHMENT CMU WALL ENCROACHMENT CMU WALL & STAIRS ENCROACHMENT LANDSCAPE & IRRIGAllON ENCROACHMENT CMU WALL I I I I I I I I I I I I I I I I I EASEMENT I DEDICA noN PER SEPARATE DOCUMENT {PR 2018-009) _.,.,.. NOTE: SEE DWG 512-1A & DWG 521-1 ON FILE WITH THE CITY OF CARLSBAD FOR DETAILS JOB NO. 18-025 10/19/18 SOWARDS & BROWN ENGINEERING CONSULTING ENGINEERS 2187 NEWCASTLE AVENUE SUITE 103 CARDIFF BY THE SEA, CA., 92007 TEL 780/438-8e00 FAX 780/436-8803 . '. , .. 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 Ca~wnia County of~ n J)J f(,-i) On Th:emQ-t }O) IJ_)tJ before me, '/2-oJti/)/Jr JQ/)6, Nol Of( f?,~,t: Date Here Insert Name and Title of the Officer personally appeared __ ._:]'_(1_:;;e,_,;J __ S_-__ fit~7t'.=-----=l(/4 ..... 0~'flr ____________ _ Name(s) of Signer(s) 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 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 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 [/}l(lJ N ()PJLt,/J Signat£ieotNoiary Public ----------------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: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual D Trustee [J Attorney in Fact □ Guardian or Conservator □Other: ______________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Individual CJ Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907