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HomeMy WebLinkAboutPR 15-83; Carlsbad Ranch Restaurant Company LLC; 2017-0032182; Encroachment AgreementDOC# 2017-0032182 1111111111111111111111111111111111111111111111111 II Ill II 11111111111111 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 Jan 20, 2017 01 :36 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES $4200 PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-022-03-00 PROJECTID: -C~B--15---22~9-1------------ PROJECT NAME: KARL STRAUSS PATIO 5801 ARMADA DR. RELATEDPROJECTID: ~P~R~15~-8=3~------------ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 ("District") and Carlsbad Ranch Restaurant Company, LLC, a California limited liability company ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Prooertv. Owner is the owner of that certain real property located at 5801 Armada Dr. in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-022-03-00, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property for a water line easement which is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. District hereby covenants and agrees and grants its permission to Owner to allow a patio to remain in a portion of the public waterline 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 District 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 hereunder, including any loss, damage, or expense arising out of 01/25/13 (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 (1 0) days or such other time as specified in the notice after receipt of it from the District, or the District 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 District with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by District'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 District: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Carlsbad Ranch Restaurant Company, LLC 5600 Avenida Encinas, Suite 1 00 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. District'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 District's consent for approval to any subsequent act by Owner. Any waiver by District 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. Ill Ill Ill 2 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this :(' day of Sl":ple M fl).pV , 20 __15. · ·, OWNER '-~-' CARLSBAD RANCH RESTAURANT COMPANY, LLC, a California limited liability company By: Carlsbad Ranch Company, L.P., a California limited partnership, Co-Managing Member By: Carltas Company, a California limited partnership, General Partner By: Carltas Management, a By: ~,;.1~- David S. Brown. Co-President' APPROVED AS TO FORM: CELIA BREWER City Attorney --===--.... By: -RON !CEMfl. AtJL e./m<>l\.l.f~ ("fl._ Assistant City Attorney t -zfzr/tC.. 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a pub"lic agency organized under the Municipal Water Act of 1911 JASON S. GELDERT, Engineering Manag acti · for District 01125/13 EXHIBIT "A" PROPERTY DESCRIPTION Lot 1 of Carlsbad Ranch Hotel and Timeshare Resort CT 96-01, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 13719, filed in the Office of the county Recorder of San Diego County, February 3, 1999. APN: 211-022-03-00. PR 15-83 5801 Armada Dr. EXHIBIT "B" DESCRIPTION OF EASEMENT A water line easement as per Document No. 1998-0735569 filed in the Office of the County Recorder of San Diego County on November 12,1998. PR 15-83 5801 Armada Dr. LOCATION MAP /', /, '-, , " / ' , -------~ / ' , " / ' ; ~ , I I I I ~ 1 EXISTING RESTAURANT I t: /1 1-i I ~'Z"' / L __ L __ .., ~ I -J L-:~1 ~ 1 AREA OF ENCROACHEMENT -~. CONC PATIO' .s; / .--- ----vzz,@"~ AND FENCE ' I // /----~ / // / _______ .--I / I // I I I z.. I I I 7 I I // ( r '-~/,.. EXISTING WATER EASEMENT .., : I I I I / I I I I I I I ~~ ~~~~PERTYl l ~ ___________ J / I I 1 _jl I I I I ,--------, I I I I I : L_J ! f d__j ~-_j I I LOT LINE I I I L_ ___________________________________________ _j PROJECT NAME: EXHIBIT 'C' 1" = 50'-0" ENCROACHMENT FOR KARL STRAUSS BREWERY RESTAURANT 5801 ARMADA DRIVE KARLSTRAU~S PLAN NORTH £:.1\C Gt:.~g~\\'\ PROJECT NUMBER: PR 15-83 Acknowledgement State of California County of San Diego On September 9. 2015, before me, Diane Marie Proulx, Notary Public, personally appeared Timothy J. Stripe, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfttre subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfiesJ, and that by his/her/their signatureEsJ on the instrument the personf-!7, or the entity upon behalf of which the personf-!7 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. MlNES~ficiru ee.ll Stgnatu~~~~4:~-±:;~=========:...__ ____ _ (Seal) 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. 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 California K ) County of Sat\ U\~ ) On~p\tm\rc '\ 11..o \'5 before me, t"\cc\~ R.. Bro.J r"\;~/ ,\1<7±6cy f'vh\,c._ Date Here Insert Name and Tl a of the Officer personally appeared CYy.· ~ f>he..r C · Co\ \s\D.s Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person\&) whose nam~ is.lefe. subscribed to the within instrument and acknowledged to me that h8'18heltPiey executed the same in hisA:Ierltloieit authorized capacit~). and that by hlsft •eii'trmir slgnatur~ on the instrument the personter, or the entity upon behalf of which the perso~ acted, executed the instrument. ~'V.V.YN."-Y•''Ya•.-.•...-....-.-.-.•.•,f.-.-.•.-. ...... ._..,._.._ .... -.~•.•.•.-.•.•-:: ~ MONICA R. BROWNING :: ~ Commission # 2116102 C. 1C Notill)' Public -california ~ ; \, ' San Diego COunty ':' ~ -\~:i:li>" My COmm. Expires JULY 16, 2019 ;~ ••• 1' ........... • .. ·················-·.• ..... ••••• .. ·~ .. ··············~··«·· .. · .. · .. · .. ·~·········~~ .•. ·.· .. . Place Notary Seal Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand ~nd official seal. Signature ~ f2--.. ~ Signature of Notary~ Q ----------------------------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 Docu..rnent ~ ~ Title or Type of Document: l:::.tlCfoSk:.bmeo.-\ ~ef!'(;'Oocument Date: ------- Number of Pages: Signer(s} Other Than Na ed Above: ------------ Capaclty(les) Claimed by Signer(s) Signer's Nama:---------~· 0 Corporate Officer -Tltle(s): _____ _ 0 Partner -0 Limited 0 General 0 Individual 0 Attorney In Fact D Trustee D Guardian or Conservator 0 Other:-------------- Signer Is Representing:--------- Signer's Name: ___________ _ 0 Corporate Officer -Title(s): ------- 0 Partner -0 Limited 0 General D individual 0 Attorney in Fact D Trustee 0 Guardian or Conservator 0 Other: ------------ Signer Is Representing: --------- TZ'if::t;>C<,"<:x;;«:;c_;w;A,-.;.7;,~~:7~"<+<,•~t..'<;:I;<;;t~v;J;-C>r.f!:,<;7}~0;"¥;t:;<;;;z_;",."(.,'<St:;•;;x;•,;-:t;!'-zx,;'4'.:'f;it,.~<;<;;~-:r;:x.~.¥?:-C~"l;,VJ!..~~.""~-r;f?!:;t;,c,<;;<,."< ©2014 National Notary Association· www.NationalNotary.org •1-800-US NOTARY (1-800-876-6827) Item #5907 4 01/25/13 Acknowledgement State of California County of San Diego On September 9. 2015, before me, Diane Marie Proulx, Notary Public, personally appeared DavidS. Brown, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/itre subscribed to the within instrument and acknowledged to me that he/sbe/tbey executed the same in his/ber/tbetr authorized capacityfies}, and that by his/ber/tbetr signatureEsJ on the instrument the personfs?-, or the entity upon behalf of which the personfs?-acted, executed the instrument. I certify under PENAL1Y OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI1NESS my hand and official seal. s~~======------(Seal) • DIANE MARIE PROULX Commission tl 2070722 ~ Notary Public • California San Diego County ... J. o o o v oMl S0TT·Jxfl~sj~nz.J~1tl 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. 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 California County of 5a.n Or ejD orSqnt-1ttf 1ft fJolr before me, PoKo JllJe Solie) /Vol-alf /)tcf#"i Date Here Insert Name and Title of the Officer II d -r .ASbiJ c,_ ~~-~L.~ persona y appeare ___ I...J_ ·--'-----""'~'-----'~..u....~~=~'--/'--------------- 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 laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature ftr:ajf#i)!J& Signature f otary Public Place Notary Sea/ Above ------------------------------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: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -D Limited D General 0 Individual 0 Attorney in Fact D Individual D Attorney in Fact 0 Trustee [J Guardian or Conservator D Trustee [J Guardian or Conservator 0 Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907