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HomeMy WebLinkAboutRP 14-11; MacDonald Properties LP/Barrio Eat Mexican LLC; 2015-0187424; Encroachment AgreementDOC# 2015-0187424 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clei1< CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 Apr 17, 2015 04:59 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $36.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.:203-291-03 PROJECT ID:RP 14-11 PROJECT NAME:Mayur's Sidewalk/Curb Cafe RELATED PROJECT ID:RP 14-12 RELATED PROJECT ID:PR 14-33 ENCROACHMENT AGREEMENT FOR SIDEWALK AND CURB CAFE This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City"), Barrio Eat Mexican, LLC. A California limited liability company ("Business Owner") and MacDonald Properties, LP, a California limited partnership ("Property Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Property Owner is the owner of that certain real property located at 530 Grand Avenue, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-291-03, and more particulariy 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 Barrio Eat 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 Street. 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: Q:\CED\LandDev\PROJECTS\RP\RP 14\RP 14-11 and 12 Mayur's Sdwk and Curb - Bobt)ett\RP 14-11 and RP 14-12 Encroachment Agreement090214.doc 01/25/13 (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of 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 wth 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 Barrio Eat Mexican, LLC City of Carisbad 2975 Roosevelt St. 1635 Faraday Avenue Carisbad CA 92008 Carisbad CA 92008 If to the Property Owner: MacDonald Properties, LP 208 Forest Service Road 315 Careywood ID, 83809 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 14-11 and 12 Mayur's Sdwl<and Curb - Bobbett\RP 14-11 and RP 14-12 Encroachment Agreement090214.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, StHX^Kjrs and Assigns. This Agreement shall 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. Capadty. Each party represents that the person(s) executing this Agreement on behaff of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. this. BUSINES Ba TNESS WHEREOF, thesg parties hereto have executed this Agreement on 2014- CITY OF CARLSBAD, a municipal corporation of the State of California (Sign Here) (Print Nama Here) By: (Sign Here) (Print Name Here) JASOH S. GELDERT City Engineer ^^yf/MM E 63,912 Exp. 9/30/2014 APPROVED AS TO FORM: CELIA BREWER City Attorney PROPERTY OWNER: MacDonald Properties, LP (Sigm Hen Joe MacDonald, General Partner (Print Name Here) By: RON KEMP Assistant City Attorney By: (Sign Here) (Print Name Here) Q:\CED\LandDev\PROJECTS\RP\RP 14\RP 14-11 and 12 Mayur's Sdwl<and Curb - BobbettXRP 14-11 and RP 14-12 Encroachment Agreement090214.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of S^lO DlV^Q before me, Daxir^ _ ' I Here Jnsert Name anp TiUe oT the Officer I ' ~ personally appeared Name(s) of Signer(s) n • I I I I ALICIA D. GRAY Commission # 2070691 Notary Public - California San Diego County p " My Comm. Expire -tun 7.2011 i who proved to me on the basis ofgatisfactory evidence to be the person{it(^ whose named$iQ^^>^subscribed to the within instrument and acknowledged to me that ^^li^l^ executed the s^me iri^^il^/^r authorized capacity(|B^, and that by(^^ft6r/tt|ilr signature]^ on the instrument the person(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. Place Notary Seal Above WITNESS my hand and official seal Signature. OPTIONAL - Signature of Notary Public I ^ Though the infonnation below Is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: _ Document Date: ^ " Q' ) ^ ^i' if">^°>- D=noe-. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: individual ^ ^ ^ Corporate Officer — Title(s): \Ct^ • • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Sioner Is Representina:.^ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ® 2007 National Notary Association - 0350 De Soto Ave., P.O. Box 2402 • Ctiatsworth, CA 91313-2402 - www.NationalNotary.org Item #5907 Reorder Call Toil-Fcae 1 -800^76-6627 Q:\CED\LandDev\PROJECTS\RP\RP 14\RP 14-11 and 12 Mayur's Sdwl<and Curb - BobbettXRP 14-11 and RP 14-12 Encroachment Agreement090214.doc 01/25/13 CAL INIA ALL-PURPOSE ACKNOWLEDGMENT State of Gaii^ia -f-li A^H 0 County of TSnn APIT } On Sept ^^014 before me, £'l/f^^ /I .Q'Lpa ^Hrkl/Kj PutlfL^ . I Date . Here Insert Name pie ot tfie OfRcer ( ^7 personally appeared J 0 e yigLcLooQ |g/ (2-ev\e rj>j~Pnr^~^cr A AQCJ)C/IQIC/ 7 Nanie(s) of SlgnAr(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 h^she/they executed the same in his/her/Uieir authorized capacrty(ies), and that by his/herAtTeir signatune(s) on the in^rument the person(s), or the entity upon behalf of which the person(s) acted, eoscuted the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and corredF^^ WITNESS my hand and official seal. I Place Notai/Seal Above ^ SIgnAjre c« UatBfjTubllc 1— — OPTIONAL ^f— Though the information below Is not required by law, It may prove valuat^ to persons relying On the document and could prevent fraudulent removal and reattaOiment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages:. Signer(s) Other Than Named Above: CapacityO'es) Claimed by Signer(s) Signer's Name:. • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RIGHT THUr.lBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title{s): • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing:. RlGHTTiUiMRPRir^T OF SIGNER Top of thumb here «2007 National Notary Aaaodatlon- 93SO De Soto Ave.. P.O.B01C 2402 •OwlswDnti. OA 91313-2402-www.NatlonallMotayoi5 Item #5907 HeoiderCallTot-FiM 1«X>fl7&.S827 C:\Users\OwnertAppData\Looal\MicrosomWindows\Temporary Internet Files\Confent.Outlook\0VE6Y6PA\RP 14-11 and RP 14-12 Encroachment Agreement 090214.doc 01/25/13 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 Sni^ Ai V^o On 3/1&/15 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(^ whose name(S) is/are subscribed to the within instrument and acknowledged to me that he/she/tt>ey executed the same in his/her/tbeir authorized capacity(ijes), and that by his/ber/tbsirsignature(^ on the instrument the person(8), or the entity upon behalf of which the person(s) acted, executed the instrument. CECELIA FERNANDEZ Commission # 1996355 Notary Public - Caiifornia San Oitgo CoM^ ^ My Comm Expitas Octao. 20161 '••V'VNIP^V'V^VtVivaMPv'l 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 -i^t^^"'^^ r<d^,^,.yL^ 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, ^ / ^_^_^x Title or Type of Document: •frir <HAnAjeuMC aut^A Cufi, 6a./k. Document Date: ^/tolN 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 EXHIBIT A PR 14-33 A portion of Lots 1 through 4 of Block 35 in the City of Carlsbad, County of San Diego, State of California according to the Amended Map of the Town of Carlsbad, Map 775, recorded March 17,1915 in the office ofthe County Recorder. LOCATION MAP PROJECTNAME: BARRIO RESTAURANT PROJECT NUMBER EXHIBIT B