Loading...
HomeMy WebLinkAboutRP 14-03; Dewhurst Family Revocable Trust 03-13-90; 2015-0191161; Encroachment AgreementRECORDING 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 DOC# 2015-0191161 Apr 21, 2015 03:45 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $41.00 SPACE ABOVE THIS LINE FOR RECORDER S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 203-181-03 RP 14-03 Mas Fina Cantina PR 14-51 ENCROACHMENT AGREEMENT FOR CURB CAFE This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City"), Mas Fina Cantina, Inc., a Califomia S. corporation ("Business Owner") and Dewhurst Family Revocable Trust 03-13-90 ("Property Owner"), in accordance with Chapter 11.16 of the Cadsbad Municipal Code. 1. The Propertv. Property Owner is the owner of that certain real property located at 2780 State St. within the City of Carisbad, San Diego County, California, Assessor's Parcel Number 203-181-03, 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 Mas Fina Cantina, 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\UndDev\PROJECTS\RP\RP 14\RP 14-03 Mas Finas Cantina Curb Cafe - BobbettVPR 14-51 Encroachment Agreement 041315.doc 01/25/13 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 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. 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 Mas Fina Cantina, Inc. City of Carlsbad 2780 State St. 1635 Faraday Avenue Carisbad CA 92008 Carlsbad CA 92008 If to the Property Owner: Dewhurst Family Revocable Trust 3425 Seacrest Dr. Carisbad, CA 92008 which addresses may be changed from time to time by providing notice to the other parties in the manner described above. 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 2 Q:\CED\LandDev\PROJECTS\RP\RP 14\RP 14-03 Mas Finas Cantina Curb Cafe - BobbettXPR 14-51 Encroachment Agreement 041315.doc 01/25/13 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 concerning the same or any other provision of the Agreement. 8. 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. 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. this IN WITNESS WHEREOF, these parties hereto have executed this Agreement on M dav of j/jpa,'. 2Q_iSl_. BUSINESS OWNER: CITY OF CARLSBAD, a municipal Mas Fina Cantina, Inc. a California 8. corporation of the State of California corporation By: (Sign Here) Andy Davis, Pre JASOf^ S.J3ELDERT, City Engineer CE 63,912 Exp. 9/30/2016 By: (Sign Here) Sarah Davis, Secretary PROPERTY OWNER: Dewhurst Family Revocable Trust 03-13-90 By: (Sign Here) Donald K. Dowhurot, Truotoo- APPROVED AS TO FORM: CELIA BREWER City Attorney By RON KEMP Assistant City Attorney By: (Sign Here) LQCI J. Dowhurot, Truotoo Q:\CED\LandDe\APROJECTS\RP\RP 14\RP 14-03 Mas Finas Cantina Curb Cafe - BobbettXPR 14-51 Encroachment Agreement 041315.doc 01/25/13 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 concerning the same or any other provision of the AgreemenL 8. 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. 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. this IN WITNESS WHEREOF, these parties hereto have executed this Agreement on H dav of /\pO \ 20 BUSINESS OWNER: CITY OF CARLSBAD, a municipal Mas Fina Cantina, Inc. a California S. corporation of the State of California corporation By: (Sign Here) Andy Davis, President (Sign Here) Sarah Davis, Secretary PROPERTY OWNER: Dewhurst Family Revocable Trust 03-13-90 Sign Here) Donald K. Dewhurst, Trustee ELDERT, City Engineer )E 63,912 Exp. 9/30/2016 APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney Q:\CED\LandDev\PROJEGTS\RP\RP 14\RP 14-03 Mas Finas Cantina Curb Cafe - Bobbett\PR 14-51 Encroachment Agreement 041315.doc 01/25/13 EXHIBIT «A» LEGAL DESCRIPTIONS 7^-51 That portion of Lot 31 of Seaside Lands, City of Carlsbad, in the County of San Diego, State of Califomia, according to Map thereof No. 1722, filed in the Office of the County Recorder of San Diego, July 28,1921, described as follows: Beginning at the most Westerly corner of Lot 31; thence Southeasterly along the Southwesterly line of said Lot, a distance of 27.00 feet; thence running Northeasterly in a line parallel with the Northwesterly line of said Lot, a distance of 159.90 feet; thence running Northwesterly in a line parallel with the Southwesterly line of said Lot, a distance of 27.00 to Northwestedy Une of said Lot; thence Southerly along the Northwesterly line of said Lot, a distance of 159.90 feet to the Point of beginning LOCATION MAP PR 14-51 u J d 00 so u Cb, o u s a. '3 O a bO .S CO !x! • • • • • • • • • • • • [ •I S • • • • • • • • -a VO Is 1.! & o ta •S u 3 1 © y3 PROJECT TSTAJVf E: MAS FINA CANTINA PROJECT NUMBER EXHIBIT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .^^a^•5^Wt»^ait^x^i^^Q^^ 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 / _ Countv Of ^0*^ On t*TA<^ ^^g" Date personally appeared "beforeme. ^ (jrC^^lH^ Here Insert Name and Title of the Officer NameffTj of Signer(e) who proved to me on the basis of satisfactory evidence to be the person(^ whose name(^ is/ar6 subscribed to the within instrument and acknowledged to me that he/slje/tl^ey executed the same in his/her/tJ'leir authorized capacityO^), and that by his/h#r/tl>©ir signature(^on the instrument the personj(8), or the entity upon behalf of which the person(^ 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, Signature 1 OFFICIAL SEAL DAREN VASS 3, NOTARY PUBLIC-CALIFORNlAg COMM. NO. 2087484 SAN DIEGO COUNTY MY COMM. EXP. NOV. 21.2018 i 'nature of Notary Public Place Notary Seal 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 -^^^^-y Title or Type of Document: ^>^friMH*/»»VW7 "'^'^Pocument Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 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 ^/Fyv Vf-i^O On "^/f^/J ^ before me, Dafe personally appeared Here Insert Name and Title of the 'Officer Name(s)of_Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/arff subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hi«/her/their authorized capacity(ies), and that by tate/her/tbek- signature(s) on the instrument the person{s), or the entity upon behalf of which the person(s) acted, executed the instrument. Mi 1 OFFICIAL SEAL ROBERT D.VASS , NOTARY PUBLIC-CALIFORNIAa COMM. NO. 2070152 ^ SAN DIEGO COUNTY | MY COMM. EXP~ JUNE 11.2018 | I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hani Signature Signature of Notary Public Place Notary Seal 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: ij-u^^ 4^*^.^- Number of Pages: ^ Document Date: TY^'y/J Signer(s) Other Than Named Above: 4 Capacity(ies) Claimed by Signer(s) Signer's Name: "^f-.^.^^ ZPy9-U7 S • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator /ELOther: ^c^.^ f-y^-f^^y Signer Is Representing: / Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 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 ^OMO On 4-^4H5 ) Dafe personally appeared before me,. Here Insert Name and Title of the Officer •"t>cnai(i X^i>oV)urs4 Name(pYof Signer^ who proved to me on the basis of satisfactory evidence to be the person(^whose name(^ is/afe- subscribed to the within instrument and acknowledged to me that he/s>Wthey executed the same in his/tWWw authorized capacity{i^), and that by his/hw/ll luii bignature(6) on the instrument the person^), or the entity upon behalf of which the person(^) acted, executed the instrument. 1 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. OFFICIAL SEAL TESSA PATTI " WITNESS my hand and official seal NOTARY PUBLIC-CAUFORNIAs COMM. NO. 2092355 - j i. SAN DIEGO COUNTY f. ^^^"XgU^ MYCOMM^'EXpTDEa5,20l8 I Signature Signature of Notary Public Place Notary Seal 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: Number of Pages: Signer(s) Other Than Named Above: CapacityOes) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • viAww.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907