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HomeMy WebLinkAboutMS 12-05; City of Carlsbad; 2013-0623956; Encroachment AgreementDOCtt 2013-0623956 illllllllllllllllllllllllllllllllllllllllllllllll OCT 17. 2013 11:31 AM RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 WHEN RECORDED MAILTO: PAGES: 8 1 llllll lllll lllll lllll lllll mil lllll lllll mil mil iiiii iiiii mn iiiii iiiii iiii im City Clerk lllilllillililllllilllilliillllii 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 203-054-07-00 MS 12-05 RAILYARD LOFTS PR 13-39 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Mark Benjamin, a single man ("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 2685 State Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-054-07 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 a public alley 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 a 12 inch diameter storm 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, maintenance, use, repair or removal of the structure installed Q:\CED\LanclDev\PROJECTS\MS\MS 12\MS 12-05 Railyard Lofts - Wlckham\Corres\PR 13-39 Encroachment Agr'->ement doc 01/25/13 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 Mark Benjamin City of Carlsbad PO. Box 7050 1635 Faraday Avenue Rancho Santa Fe, CA 92067 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. 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:\CED\LandDev\PROJECTS\MS\MS 12\MS 12-05 Railyard Lofts - Wickham\Corres\PR 13-39 EncroachmentAgreement.doc 01/25/13 this IN WTTNESS WHEREOF, these parties hereto have executed this Agreement on day of 'ty^mJb^:^^. 20 /3 OWNER: Mark Benjamin, a single man By: 'TTO By: APPROVED AS TO FORM: CELIA BREWER City Attorney RON KEMP \ Assistant City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California (Sign Here)' (Print Name Here) (Sign Here) (Print Name Here) -GLEN K. VAN PESKI, City Engineer PLS 8801 Exp. 12/31/2014 Q:\CED\LandDev\PROJECTS\MS\MS 12\MS 12-05 Railyard Lofts - Wickham\Corres\PR 13-39 Encroachment Agreement.doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of Sai^ On [O/Z /l3 before me, Ctf^-eUk f fiT y)a(A^^j Q-tdrxf F^\a[iCJ , (Here insert name and title of*the officer) personally appeared (f^<^Y^ (s , \f^\r\ l^€6lC( , 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. 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) CEQELIA FERNANDEZ Commitslon # 1996355 Notary PuMic - CiHfornia San Oitao County My Comm. Expifta Oct 30.2016 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 information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California 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 Califomia. 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). 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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 v 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On } before me, I Dare A/x" I r\ * ii Hfire Insert Name and^Titie 6f the Officer personally appeared Name(s) of Slgner(s) J LISA TIBBELS ^ COMM. # 1919990 S NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY 0 COMM. EXPIRES JAN. 2, 2015 t Place Notary Seal AlX)ve who proved to me on the basis of satisfactory evicience to be the person(s) whose name(s) is/aw subscribed to the within instrument and acknowledged to me that he/sh«tHey executed the same in his/heiZtbeir authorized capaclty(ies), and that by his/h©fi#>eir signature(s) on the instrument the person(s), 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 California that the foregoing paragraph is true and correct. WITNESSftrV hand ^wjd qf^iciaN^eal. 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Call Toll-Free 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\MS\MS 12\MS 12-05 Railyard Lofts - Wickham\Corres\PR 13-39 Encroachment Agreement.doc 01/25/13 EXHIBIT "A" PR 13-39 THE SOUTHERLY 51 FEET OF LOT 6 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO OFFICIAL MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921; THE NORTHERLY LINE OF SAID SOUTHERLY 51 FEET BEING PARALLEL WITH THE DIVIDING LINE BETWEEN LOTS 5 AND 6 IN SAID SEASIDE LANDS. SEANC LERT, L.S. 7959 DATE 1 ofl EXHIBIT "B" PR 13-39 THAT PORTION OF THE 32-FOOT ALLEY WITHIN THE ORIGINAL 200-FOOT RIGHT- OF-WAY OF THE ATCHISON TOPEKA AND SANTA FE RAILROAD LYING ADJACENT TO SAID LOT 6 OF MAP NO. 1722. SEE EXHIBIT "C" WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. SEAN C. ENGLERT, L.S. 7959 DATE 1 ofl EXHTOITT" PR 13-39 LU UJ I-< I- co BEECH GRAND VICINITY MAP NO SCALE COASTAL LAND SOLUTIONS, INC 573 SECOIC STREET ENCINnAa CA 92024 PH (760) 230-6025 FAX (760) 230-6026 CLS#1151 2685 STATE STREET CARLASBAD. CA APN: 203-054-07 NOTE: ALL IMPROVEMENTS DEPICTED HEREON ARE PROPOSED AS OF THE DATE OF THIS EXHIBIT