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HomeMy WebLinkAboutRP 13-12; Gonzales, Belynn R; 2013-0651185; Encroachment AgreementDOC llllllllllllllll 2013-065 II 185 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OCT 30, 2013 4:17 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 2.00 PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 203-292-24 RP 13-12 Garcia's Mexican Restaurant PR 13-07 RW ENCROACHMENT AGREEMENT FOR CURB CAFE This ENCROACHMENT AGREEMENT ("Agreement") Is entered Into between the CITY OF CARLSBAD ("City"), Belynn R. Gonzales ("Business Owner") and Belynn R. Gonzales ("Property Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1 The Propertv. Property Owner is the owner of that certain real property located at 2968 State St. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-292-24, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Business. Business Owner is the owner of that certain business known as Garcia's Mexican Restaurant, operating at the Property referenced above. 3. The Easement City currently owns an existing easement over, under, and across Owner's property for public sidewalk, public street and public utility purposes, commonly known as State St. 4. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow various improvements known collectively as a sidewalk and curb cafe to remain in a portion of the public street and public utility easement. A plat showing the location of the encroachment is attached as Exhibit "B" 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 Q:\CED\LandDev\PROJECTS\RP\RP 13\RP 13-07 - Garcia's Mexican RestauranftRP 13-07 Encroachment Agreement 102913.doc01/25/13 the Business Owner and Property Owner. (B) The Business Owner and Property 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 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 Business Owner or Property Owner must remove or relocate any part of the encroachment within thirty (30) 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. The area of the easement shall be restored to its previous condition to the satisfaction of the City Engineer. (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. 5. Entire Aareement. 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. 6. 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 Business Owner: City Engineer Belynn R. Gonzales City of Carlsbad 2968 State St. 1635 Faraday Avenue Carlsbad CA 92008 Carlsbad CA 92008 If to the Property Owner: Belynn R. Gonzales 2968 State St. Carlsbad CA 92008 which addresses may be changed from time to time by providing notice to the other parties in the manner described above. 2 Q:\CED\LanclDev\PROJECTS\RP\RP 13\RP 13-07 - Garcia's Mexican Restaurant\RP 13-07 Encroachment Agreement 102913.cloc01/25/13 7. Waiver. City's consent to or approval of any act or omission by Owners 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 Owners. Any waiver by City of any default must be in writing and shall not be a waiver of any other default conceming the same or any other provision of the Agreement. 8. Successors and Assians. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Property Owner agrees to incorporate this agreement by reference In any subsequent deeds to the property and any leases or rental agreements for the Property, but any failure to do so does not Invalidate this provision. 9. Capacitv. 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. IN yyiTNESS WHEREOF, these parties hereto have executed this Agreement on this i day of ^\f l\\Uxi 20_Li_. '^"^L V y-^SignHere) \ (Print Name Here) (SigFTHeite) O 0 fx::^^ (Print Name He TY OWNER (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer PLS8801 Exp. 12/31/2014 APPROVED AS TO FORM: Sign Here) By: Sign Here) (print Name Here) CELIA BREWER City Attorney RON KEMP Assistant City Attorney C:\Documents and Settlngs\Sbobb\Local SettingsMemporary Intemet Rtes\Con1eiit.Outlook\SIAUDOO\RP 13-07 DRAFT Encroachment Agreement 043013.doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of f^ay\ ^{-e^n On (o/^/j-^ before me, C CC~c\[/^ f-e v\ . (^jr^ i^/ PoU||r. / Llcij-ck ii-iniiT-f rtnrv^a n-nA i-i^-Jg rxf r*-pPii^or\ ' (Here insert name and titie of the olTicer) personally appeared 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) CECELIA FERNANDEZ Commission # 19963S5 Notary Public - CaUfornia San Oit9o County My Comm. Expires Ocst 9 9 9 9 9 WW'If^fm'WWm Ity I 30.20161 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 Califomia 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 California, /n 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 California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. 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 vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia county of ^^"^^ 1 personally appeared ^ ! — ^ Name<s} of Slgrwr(s) <m iiiiiBMtriifiiriffiifiiitf^tftt llllll OFFICIAL SEAL DAREN VASS NOTARY PUBLIC-CALIFORNIA g COMM. NO. 1910364 2? SAN DiEGO COUMTY MY COMM. EXP. NOV. 21, 2014 who proved to me on the basis of satisfactory evidence to be the person(sO whose name(8) is/;^ subscribed to the within Instrument and acknowledged to me that he/she/thfey executed the same in .lYs/her/t||ieir authorized capacity(l8p), and that by hi^er/th^r signature](^ on the instrument the person(9), or the Intity upon behalf of which the person^) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of CallfbrnjMTakthe foregoing paragraph Is true and correct. WITNESS m/nand and official seal. Piaca Noiaty Seal Abovs Signature OPTIONAL Thou^ the Mor/natfon b^ow fe not required by law, it may prove vaftiaWe Jto persons relySJ^on the document and could pr&^nt frau<kilent removal arid reatMdiment of this fomi io anc^er document Description of Attached Document Title or Type of Document: rrl^^^4»^ ^^c.>,^K^ Document Date: lg '^^'^ ' Number of Pages: ? Signer(s) Oflier Than Named Above: Capacity({es) Claimed by Signer(s) Signer's Name: • (•^Individual • Corporate Officer—Trtle(s): • Partner—• Limited • General • Attorney In Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer—Title{s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: \ RIGHT TflUMBPRINT or SIGNER Top Of thumb here Signer (s Representing:, ©Z0O7^tatlo^B!^to^afyAfisodatton•935ODeSoloAw;.P. ItBnUffla)? Reoidw:CanT«Mi»el-8(»-e76<827 HADevelopment Servlcea/Mastera/Deeds-Grant DB«ds-Ea»efnents«5oven8m fer Easement REV 01/^13 EXHIBIT "A" LEGAL DESCRIPTION Lots five (5). Six (6) and tlie southeasterly eighteen (18) feet of Lot Seven (7) m Block thirty-four (34) of Carisbad Townsite, in the City of Carisbad, County of San Diego, State of California, according to Map thereof No. 535 filed in the office of the County Recorder of said San Diego County May 2,1888. LOCATION MAP 2S FRONTAGE GARCIA'S RESTAURANT 2968 STATE STREET 4 EXISTING SEATING r—EXISTING TREE GRATE V PROPOSED SIDEWALK DINING WITH METAL RAIL JO PROJECT NAME GARCIA'S MEXICAN RESTAURANT PROJECT NUMBER RP 13-12 B