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HomeMy WebLinkAboutPD 2019-0007; Peddle, David; 2019-0526975; Encroachment AgreementDOC# 2019-0526975 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Nov 14, 2019 11 :56 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr , RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S FARCEL NO.: 204-031-04 PAGES 8 -----------PROJECT ID: PD2019-0007 PROJECT NAME: MADISON STREET APARTMENTS RELATED PROJECT ID: EAGREE2019-0024 RELATED PROJECT ID: PR2019-0010 ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and David Peddle, a married man as his sole and separate property ("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 on the east side of Madison Street south of Oak Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 204-031-04, 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 pedestrian 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 private decorative pavement, yard drains and storm drains to remain in a portion of the public pedestrian 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, 1 Q:\CED\LandDev\PROJECTS\PDIPD 20191PD2019-0007 Madison St Aprtments -Rick\EAGREE2019-0024\ENCROACHMENT AGMT EAGREE2019-0024.doc 9/5/2014 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: David Peddle 453 Westmorland Street Fredericton, NBM E3B 3M8 Canada 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\PDIPD 2019\PD2019-0007 Madison St Aprtments -Rick\EAGREE2019-00241ENCROACH MENT AGMT EAGREE2019-0024.doc 9/5/2014 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this '3/sl day of tJC-IPbeL , 2O1.L. OWNER David Peddle, a married man as his sole and separat property CITY OF CARLSBAD, a municipal corporation of the State of California FbRJASON S. GELDERT, Engineering Manager David Peddle (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: tru~ RON KEMP Assistant City Attorney 3 .---~// _R_;_.~,e_~-_.:~::::9~\=2~=E~xp,:::~:::9~/3:J.0:.:::,/ f--20_.....'..l.:::01-/~~0'.:.th'JI ~~;~;,~,, Q:\CED\LandDev\PROJECTS\PDIPD 2019\PD2019-0007 Madison St Aprtments -Rick\EAGREE2019-00241ENCROACHMENT AGMT EAGREE2019-0024.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ~~ooo: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 .Sa.n !), ~:C } On 'V( /r 0\ before me, e.~e.1.lA £.evvi@l~. ~t>-0"'7' M\,e,_ , Here Insert Name and fitle of the Officer Date personally appeared __ fl ............ '~VV}-~-~~0.._('~V-~~ll~----------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'8')""whose name(sris/ai:e-subscribed to the within instrument and acknowledged to me that he/sl:le/tpey executed the same in his/~ authorized capacity(ij35), and that by hisl,):ler/tj)eir signature(.i} on the instrument the person~r 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 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): ______ _ D 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 Signed, Sealed & Delivered . in the pres~~ ~<?~ STATE OF MAINE AROOSTOOK, ss. David W. Peddle C:ctDbe.r 7 , 2019. Personally appeared the above named DAVID W. PEDDLE and acknowledged the foregoing instrument to be his free act and deed. Stephany M Chaloux Notary Public State of Maine My Comm. Exp. June 1 o, 292s Before me, ~JC Type or P~t Name My Commission Expires: EXHIBIT "A" LEGAL DESCRIPTION EAGREE 2019-0024 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOTS 11 AND 12 IN BLOCK 4 7 OF AMENDED MAP OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, COUNTY, FEBRUARY 15, 1894. TOGETHER WITH THAT PORTION OF MADISON STREET, ADJOINING THE SOUTHWESTERLY LINE OF SAID LOTS 11 AND 12, VACATED BY THE CITY OF CARLSBAD BY RESOLUTION NO. 2008-038, RECORDED FEBRUARY 19, 2008 AS INSTRUMENT NO. 2008-0083860 OF OFFICIAL RECORDS. EXHIBIT "B" LEGAL DESCRIPTION EAGREE 2019-0024 A PUBLIC PEDESTRIAN EASEMENT OVER THAT PORTION OF MADISON STREET, ADJOINING THE SOUTHWESTERLY LINE OF SAID LOTS 11 AND 12, VA CA TED BY THE CITY OF CARLSBAD BY RESOLUTION NO. 2008-038, RECORDED FEBRUARY 18, 2008 AS INSTRUMENT NO. 2008-0083860, RECORDED PER DOC. NO. '2 0 \ q -0 lf 5 8 O O 6 ON OC.T0EJE<\ \ \, 2.0 tq TOGETHER WITH THAT PORTION OF MADISON STREET ADJOINING THE SOUTHWESTERLY LINE OF SAID LOTS 11 AND 12 IN BLOCK 47 AS DEDICATION FOR PUBLIC STREET RIGHT-OF-WAY PURPOSES PER AMENDED MAP OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO, COUNTY, FEBRUARY 15, 1894. 20· © 1 o· o· SCALE: 1" = 20' 20· .,_ w w ct:: .,_ CJ) EXHIBIT "C" EAGREE 2019-0024 EXIST. ~ 5' WIDE~ CONCRETE SIDEWALK 35' 11' EXIST.- I WIDE PUBLIC FACILITIES EASEMENT PER DOC NO. 2008-0083860 REC. 2-19-08 3 PROJECT BOUNDARY 6• CURB & GUTTER , >--1--~~~R~l-r-r~~~--~H 5 J\JJJ.lP 775 CJ) 2 L01 11 l-i~i~i~5£~~g BLOCK 47 EXIST. 6•~ CURB & GUTTER 0 <( ~ SITE ~ VICINITY MAP NTS 5' WIDE PEDESTRIAN r EASEMENT PER PR 2019-0010 l=::=jt====t~-SD 24' EXIST.---r 5' WIDE 1.'. CONCRETE £ SIDEWALK PROJECT BOUNDARY 1-----4=0_' ......,_ ______ ------. LEGEND (]) PERMEABLE PAVERS -ENCROACHMENT IN RIGHT OF WAY (g) PERMEABLE PA VERS -ENCROACHMENT IN PUBLIC PEDESTRIAN EASEMENT Q) PR/VA TE YARD & STORM DRAIN -ENCROACHMENT IN PUBLIC PEDESTRIAN EASEMENT RONALD L. HOLLOWAY bl. I APN 204-031-04 NA, nc. IMPROVEMENTS PER CITY OF CARLSBAD DWG 516-5A ~..:..__~-=.:.........:..-=----_..;;;:. _________ ,,,_ _____ -----4 10nd p1ann1ng, c1v11 engineering, surveying CITY OF CARLSBAD DATE: 07/25/19 ~0~ie:A-~NIDA ENCINAS ENCROACHMENTS CARLSBAD, CA. 92008-4387 MADISON STREET APARTMENTS (760) 931-8100 PD2019-0007