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HomeMy WebLinkAboutMS 15-14; Front Row Development LLC; 2020-0289533; 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# 2020-0289533 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Jun 05, 2020 03:39 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES. $35 00 (SB2 Atkins $0.00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 204-150-06-00 -----------PROJECT ID: MS 15-14 -----------PROJECT NAME: 3450 Garfield Street RELATED PROJECT ID: EAGREE2020-0003 RELATED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Front Row Development, 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 3450 Garfield Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 204-150-06-00, 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 Highway 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 water backflow preventers and protective cages to remain in a portion of the said Public Highway 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. (8) 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, 1 Q:ICEDILandDev\PROJECTSIMSIMS 15\MS 15-14 3450 Garfield Street -Levy\Encroachrnent AgreementlENCROACHMENT AGMT- EAGREE2020-0003.doc 9/5/2014 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: Front Row Development, LLC 1161 West Sunrise Place Chandler, Arizona, 85248 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:\CEDILandOev\PROJECTSIMSIMS 15\MS 15-14 3450 Garfield Street· Levy\Encroachment Agreement\ENCROACHMENT AGMT- EAGREE2020-0003.doc 9/5/2014 this IN WlfNESS WHEREOF, these parties hereto have executed this Agreement on / 'a day of 1114 'p , 2020. OWNER Front Row Development, LLC, a California limited liability company By: __ .114"'---"-(L--+-l1 _(J/i_·, u_l1L __ (Sigrl Here) Tracy Clark (Print Name Here) By: -~_vvv--__ 04£_, _ ____,__ __ (Sign Here) -rt m C /a. , Is. (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: ~M% Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. ELDERT, Engineer:~ -"-· . ------- 3912 Exp. 9/30/2020 Q:\CED\LandOev\PROJECTSIMSIMS 15\MS 15-14 3450 Garfield Street • Levy\Encroachment Agreement\ENCROACHMENT AGMT- EAGREE2020-0003.doc 9/5/2014 CERTIFICATE NOTARIAL ACKNOWLEDGEMENT State of Arizona County of ('{\OJi CClr- On this f ~ day of ~\_\_o..)_,__ ___ , 20 ~ , before me personally appeared .-lrt'?C {_ / t/'r/c-~(r1d /;i,,-, , whose identity was proven to me on the basis of satisfactory evidence to be the person who he or she claims to be, and acknowledged that he or she signed the above/attached document. Notary Public b (-i't1-l Print name My commission expires This certificate is attached to the following document: Description of the document: _____ n~h_l_l_()_O.._C,_h_'r{)_e_V'\'_-1_~fo;---,.1_{i_(_{_m_C'Y\_t_· ---- Document title: ____ b_l_fi_~_[ _n_m_C--'n:'-'-f----=lh~1-f1_,,(=C--'-m-'--e.-""'-'j-______ _ Document type: £~ aJ £5 fe< T-C Number of pages: '-/ Date: q' / I /2.,0 ---''--I I Additional signers: ___________________________ _ Deeds.com Uniform Conveyancing Blanks CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 oo:o:o:o:ou:~:@oll:o:~~:olJ:o:o:o:o:o:o:o:o:~ 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 So,,o '1)1 ~o } On ~O..'/ Z-1 ,1--02.Q before me, 6\isSo. \Ol/t?LV, J'-lo-t""o...Y"f Vvb\ic... Date Here Insert Name and Title of the Officer personally appeared J'cls oY"" S. Ge..,\ dex + 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 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 ----~-+---,-++'""-h-________ _ S~ryPub/ic 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: ____________ _ o Corporate Officer -Title(s): ______ _ o Partner -o Limited o General o Individual o Trustee D Other: o Attorney in Fact o Guardian or Conservator Signer is Representing: _________ _ ©2018 National Notary Association Signer's Name: ____________ _ o Corporate Officer -Title(s): ______ _ o Partner -o Limited o General o Individual o Trustee D Other: o Attorney in Fact o Guardian or Conservator Signer is Representing: _________ _ EXHIBIT "A" EAGREE 2020-0003 THE PROPERTY LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP 21442, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED MARCH 1, 2017 AS INSTRUMENT NO. 2017-7000064. APN: 204-150-06-00 MEGA ENGINEERING CONSULTANTS 4340 VIEWRJDGE A VE. SUITE B SAN DIEGO, CA 92123 ENCROACHMENT AGREEMENT PH:(858) 634-8620 FAX:(858)-634-8627 CITY OF CARLSBAD PROJECT ID: MS 15-14 REQUESTED BY: REQUESTED BY: DATE: 5/1/2020 FRONT ROW DEVELOPMENT, LLC OMEGA ENGINEERING SEE DWG 492 SHEET 1 DF 1 (TRACY CLARK) CONSUL TAN TS, INC. ADDRESS: 1161 w. SUNRISE PLACE 4340 VIEWRIDGE AVE. SUITE CHANDLER, AZ 85248 SAN DIEGO, CA 92123 TELEPHONE NO.: 480.235.6902 (858) 634 -8620 -6A A.P.N. 204-150-06-00 BON FILE WITH CITY FOR DETAILS EXHIBIT "B" EAGREE 2020-0003 THE EASEMENT LEGAL DESCRIPTION THE PUBLIC HIGHWAY RIGHT OF WAY KNOWN AS GARFIELD STREET IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DEDICATED PER MAP NO. 1681, RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON DECEMBER 9TH, 1915. M[EGA ENGINEERING CONSULTANTS 4340 V/EWRIDGE AVE. SUITE B SAN DIEGO, CA 92123 ENCROACHMENT AGREEMENT PH:(858) 634-8620 FAX:(858)-634-8627 CITY OF CARLSBAD PROJECT ID: MS 15-14 REQUESTED BY: REQUESTED BY: DATE: 5/1/2020 FRONT ROW DEVELOPMENT, LLC OMEGA ENGINEERING SEE DWG 492 SHEET 1 OF 1 (TRACY CLARK) CONSULTANTS, INC. ADDRESS: 1161 W. SUNRISE PLACE 4340 y1EWRIDGE AVE. SUITE CHANDLER AZ 85248 SAN D EGO, CA 92123 TELEPHONE NO.: 480.235.6902 (858) 634-8620 -6A A.P.N. 204-150-06-00 BON FILE WITH CITY FOR DETAILS 0 EXHIBIT 'C' EAGREE 2020-0003 SITE I ~~\, 60' ,,0 i~Ci't-6' 6' JO' JO' --?'Q !8' !8' ~ ,~\!I~ 60' PUBLIC STREET AND OQ::; . --9",p VICINITY MAP UTILITY EASEMENT ~ PER MAP 1681 s_ ~ RECORDED ON Cl:: DECEMBER 9TH, 1915 er, SWK ~ ~ , I~ ~"' MAPLE AVENU~ ~ -~ -UTILITY EASEMENT PER MAP 1747 I ~ I H 54' PUBLIC STREET AND V) ..,, RECORDED ON ~ ~ .._ JANUARY 29TH, 1923 ~ ~ ~ I~ C!) GRAPHICAL SCALE: ! " = 20' 10 20 40 ENCROACHMENT LEGEND: (j) (4) PVT WATER SERVICE BACKFLOWS (j) {!) PVT BACKFL0W CAGE SWK C!I CJ ENCROACHMENT AGREEMENT 6' 6' t CITY OF CARLSBAD PROJECT ID: MS 15-14 REQUESTED BY: REQUESTED BY: DATE: 5/1/2020 FRONT ROW DEVELOPMENT, LLC OMEGA ENGINEERING SEE DWG 492 SHEET 1 OF 1 (TRACY CLARK) CONSULTANTS, INC. ADDRESS: 1161 W. SUNRISE PLACE 4340 VIEWRIDGE AVE. SUITE CHANDLER, AZ 85248 SAN DIEGO, CA 92123 TELEPHONE NO.: 480.235.6902 (858) 634-8620 -6A A.P.N. 204-150-06-00 BON FILE WITH CITY FOR DETAILS