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HomeMy WebLinkAboutPD 2019-0012; Ward Commercial Inc; 2020-0534128; Encroachment AgreementDOC# 2020-0534 1 28 111111 11111 11111 1111111 111 111 1111 1 11111 HEN I 11111 1111 III Sep 14, 2020 08:59 AM 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.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 205-061-11 PD2019-0012 BLOCK RESIDENCE EAGREE2019-0044 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Ward Commercial, Inc., a California 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 3291 Highland Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 205-051-11, 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 right-of-way 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 street trees and a decorative open grid paver walkway to remain in a portion of the street right-of-way 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 1 GAGED TandDey\PROJECTS\PDPD 201 9 \P02019-0012 Block Residence- Horodyski, Rick\EAGREE2019-0044 \ENCROACHMENT AGMT EAGREE2019-0044 ward.doc 9/5/2014 RECORDING 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 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: Ward Commercial Inc. 7043 Whitewater Street Carlsbad, CA 92011 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 ()ACED \ LandDey\PROJECTS \PD \I'D 2019 TD2019-0012 Block Residence- Horodyski, Rick \EAGREE2019-0044 \ENCROACHMENT AGMT EAGREE2019-0044 ward.doc 9/5/2014 II*WITNESS WHEREOF, these parties hereto have executed this Agreement on this 5e-C) day of ciaS i , 202-0 . OWNER: Ward Commercial, Inc., a CITY OF CARLSBAD, a municipal California Cor corporation of the State of California JASON S. GELDERT, By: Engineering Manager (Sign Here) Brett Ward (Print Name Here) By: (Sign Here) (Print Name Here) RCE 63912 Exp. 9/30/2020 CARACX--L--- 54S,4" te:R_ Fz.r2_==_ S-538 APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 3 CIACED\LandDey\PROJECTS\PD\PD 2019 \PD2019-0012 Block Residence- Horodyski, RicklEAGREE2019-0044 \ENCROACHMENT AGMT EAGREE2019-0044 ward.doc 9/5/2014 e Cfr CALIFORNIA 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 California County of ,%1-1/\ 6k-el OnSark.-. before me, 0....-et,eAttA Fetivtamd-ez. ILicrtzt r), Date Here Insert Name andTitle of the Officer personally appeared LI YY1 YOV. 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. I certify under PENALTY OF PERJURY under the rwmaYceraWrTanTerl laws of the State of California that the foregoing C•1 COMM. #2166624 n. NOTARY PUBLIC • CALIFORNIA c paragraph is true and correct. n -o e- SAN DIEGO COUNTY " Commissioliwww .www j(pires Oct31::% 2020 WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above 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: 0 Corporate Officer - Title(s): 0 Corporate Officer - Title(s): O Partner - 0 Limited 0 General 0 Partner - 0 Limited 0 General O Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee o Guardian or Conservator o Trustee o Guardian or Conservator O Other: 0 Other: Signer is Representing: Signer is Representing: ©2018 National Notary Association EVAN WILSON Notary Public - California San Diego County Commission # 2323428 My Comm. Expires Mar 28, 2024 I cerilly under PENALTY OP PERJURY under the laws of the State of California that the foregoin aragraph is true and correct, WITNESS my hand and officlal-sell, Signature of Notary Public CALIFORNIA ALL,PURPOSR ACKNOWLRBONIENT CIVIL CODE 0 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 15 attached, and not the truthfulness, accuracy, or validity of that document, State of CalArnia County of before me, CO4 4 PP17l) Dfrte Here Insert Name and Title if the Officer ki6fA Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacIty(les), and that by his/her/their signature(s) on the inetrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, personally appealed Place Notary Seel Above OPTIONA4 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 Dootiment j_ e70' 9/ CJ 1-0 1-- Title or Type of Document: .60 CrO4Crit''`,"/Cuetocument et Number of Pf40551 Signer(s) Other Than Nisr ed Above: Capaolty(les) Claimed by Signer(s) Signerie Name: LI Corporate Officer — Title(a): El Partner — El Limited 0 General O Individual 0 Attorney in Fact 0 Truetee 0 Guardian or Conaervator 0 Other; Signer he Representing: Signer'e Namet 0 Corporate Officer = Title(s): 0 Partner — 0 Limited 0General 0 Individual 0 Attorney in Foot 0 Truetee 0 Guardian or Conamator 0 Other; Signer le Representing; 02014 National Notary Aaaociation www,NationalNotary,org 1-800-14 NOTARY (1-800-876-0827) Item MO7 4 QACED\LandDey\PROJECTS\PD\PD 2019 T02019-0012 Block Residence- Horodyski, Rick\EAGREE2019-0044 \ENCROACHMENT AGMT EAGREE2019-0044 ward.doc 9/5/2014 Assessor's Parcel Number: 205-051-11-00 Signature . SAVAGE PLS 9109 DATE EXHIBIT 'A' LEGAL DESCRIPTION PD 2019-0012 EAGREE 2019-0044 All that certain real property situated in the County of San Diego, State of California, described as follows: PARCEL 1: That portion of Lots 17 and 18 of Patterson's Addition To The Town Of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No: 565, filed in the office of the County Recorder of San Diego County September 22, 1888, described as follows: BEGINNING at the most Westerly corner of Lot 16 of said Patterson's Addition; thence North 55° 27' East along the Southeasterly line of Pine Avenue 244.74 feet; thence South 34° 33' East, 360.00 feet; thence North 55° 27' East parallel with said Southeasterly line of Pine Avenue 150.00 feet to the true point of beginning; thence North 34° 33' West 34.24 feet; thence parallel with said Southeasterly line of Pine Avenue North 55° 27' East 175.06 feet more or less, to the Westerly line of Highland Street; thence South 24° 32' East along said Westerly line of Highland Street 135.50 feet, more or less, to a point in the Northwesterly line of the land described in deed to Thomas Hughes, et ux, recorded July 14, 1948 in Book 2871, page 453 of Official Records; thence along said Northwesterly line South 55° 27' West 150.79 feet, more or less, to the Northeasterly line of the land described as Parcel 2 in deed to J. Blair PACE, et ux, recorded March 18, 1946 as Instrument No. 20819, in the Office of the Registrar of Land Titles for San Diego County; thence leaving said Northeasterly line, and continuing South 55° 27' West 11.65 feet; thence North 27° 39' 10" West, 99.37 feet, more or less, to the true point of beginning. PARCEL 2: An easement for the construction and maintenance of a private sewer line over the Northerly 3.0 feet of that portion of Lots 17 and 18 of Patterson's Addition to the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 565, filed in the office of the County Recorder of San Diego County, September 22, 1888, the Northwesterly line of said strip being described as follows: Beginning at the most Westerly corner of Lot 16 of said Patterson's Addition; thence North 55°27' East along the Southeasterly line of Pine Avenue as shown on said Map No. 565, a distance of 244.74 feet; thence South 34°33' East, 425.00 feet to the true point of beginning; thence North 55°27' East, 142.14 feet to a point in the Southwesterly line of Parcel 1, hereinabove described. Signature M. SAVAGE DATE 9109 EXHIBIT `B' PD 2019-0012 [AGREE 2019-0044 Public street right-of-way described as Highland Drive per Patterson's Addition to the Town of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No: 565, filed in the office of the County Recorder of San Diego County September 22, 1888. EXHIBIT 'C' EAGREE 2019-0044 SYMBOL (.0 SCALE. 1" = 20' 0 10 20 3291 HIGHLAND DRIVE APIV 205-051-1100 EX TREES TO BE REMOVED HIGHLAND NOT TO SCALE PACIFIC OCEAN VICINITY MAP HIGHWAY 78 PROJECT SITE NO" NOTE SEE DWG 519-7A ON FILE WITH THE CITY FOR FURTHER DETAILS 1 \ ROW -DRIVE LEGEND: ITEM PROJECT BOUNDARY RIGHT OF WAY LINE STREET CENTERLINE PROPOSED PCC WALKWAY ROW EX TREE TO BE REMOVED 0 11711V41 Airowit SE Mr GE R. E! 75677 MY REGIS TRA PIRES 6-30-22 _3 7 13_71 0 ATE ROW ENGINEERING CONSULTANTS 4340 VIEWRIDGE AVENUE, SUITE B SAN DIEGO, CALIFORNIA 92123 PH: 858.634.8620 EX. 858.634-8627 C_D ROW o pVE S S / \„*M. S,4 No, 75677 Exp. 6.-30-22 °IVO-