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HomeMy WebLinkAboutRP 15-14; Gunter Family Trust; 2016-0673718; Encroachment AgreementRECORDING 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 DOC# 2016-0673718 1111111111111111111111111111111111111111111111111111111111111111111111 Dec 08, 2016 11 :48 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $36.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: ...:2:;:0:.::3-=-2:.=.9~2-.:=..09;:;..·..:;_00=---.-----­ PROJECTID: ~R~P~15;:;..·~14~------­ PROJECT NAME: Cicciottis Restaurant Sidewalk Cafe RELATEDPROJECTID: ...:P~R~16;:;..·~03;:;.._ ________ __ RELATEDPROJECTID:~R~W~1.:=..6·-=3..:;_3 ________ _ ENCROACHMENT AGREEMENT FOR SIDEWALK CAFE RAILING This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City"), Gaetano Cicciottis ("Business Owner'') and Warren A. Gunter and Janet Schaaf-Gunter Trustees of the Second Amended and restated Gunter Family Trust dated January 7, 2013 ("Property Owner") (collectively "Owners"), 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 595 Grand Ave within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-292-09-00, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Business. Business Owner b:; the owner of that certain busin~ss known as Cicciottis 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 street and public utility purposes, commonly known as Grand Ave and Roosevelt ST. 4. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow a railing 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 1 Q:ICED\LandDev\PROJECTS\RPIRP 15\RP 15-14 Ciocciotti's Restaurant-Railing Table and Chairs\PR 16-03 Cicciottis Restaurant\PR 16-03 Cicciottis Restaurant.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 (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 sha!l constitute a lien upon the propar~y. l-he an=:a of ttic case;r1..::nt shoU be iestoied i:o 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Business Owner: Gaetano Cicciottis 1933 San Elijo Ave. Encinitas, CA 92007 If to the Property Owner: Warren A. Gunter and Janet Schaaf- Gunter Trustees of the Second Amended and Restated Gunter Family Trust dated January 7, 2013 P.O. Box 749 San Pedro, CA 90733 which addresses may be changed from time to time by providing notice to the other parties in the manner described above. 2 Q:\CED\LandDev\PROJECTS\RP\RP 15\RP 15-14 Ciocciotti'::; Restaurant-Railing Table and Chairs\PR 16-03 Cicciottis Restaurant\PR 16-03 Cicciottis Restaurant.doc 01/25/13 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 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. 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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this {{J day of Dl~ , 20-l.£fi. (Print Name Here) By: ----------~-------------------(Sign Here) (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: CELIA BREWER City Attorney PROPERTY OWNER Warren A. Gunter and By: Janet Schaaf-Gunter Trustees of the Second Amended 2nd Family Trust dated Jan By: ign Here) Gunter ttA:i r IY'n tf 6u ??·-/?r- (Print Name Here) Q~ --I t. S1gn / re ~ J~r c~YIMr £;;1)~ (Print Name Here) 3 2 RON KEMP Assistant City Attorney 0:\CED\LandDev\PROJECTS\RP\RP 15\RP 15-14 Ciocciotti's Restaurant-Railing Table and Chairs\PR 16-03 Cicciottis Restaurant\PR 16-03 Cicciottis Restaurantdoc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 Stateot~a ~ ) County ~ . . -:.ft..._ /) __d_ · .. • /( Notti r( on5-"'l..-:2-o/.b betoreme,~~ q tJ'~. R"'?''' Date / L _ > /l /7 Here lnser; Natpe and ~..pf the 0~7 personally appeared u/!/8./?4:4)_,.L-J_,_{;P_6)~_..,~~ ~ N<.lme(sf 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 hislher/th£>;r signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certity under PENALTY OF PERJURY under the laws ot the Stats of California that the foregoing paragraph is true and corroct. LIBERATO 01 BERNARDO Commission # 2043269 ~ ; • Notary Public -California ~ z -~ · · Los Angeles County :!: J. • ~; •• Ml8o~. :x~r;s 2cJ2.S.}a1~ Place Notary Seal Above -----------------------------------------------opnonAL--------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this fonn to an unintended document. Description of Attached Document Tttle or Type of Document: Document Date: ___ _ Number of Pagos: ______ Si·;~ner(s) Other Theh1 Na:-ned Abov9: -----·---··---·-- Capacity(ies} Claimed by Signor(s) Signer's Name: --------------U Corporate Officer -Title(s): 0 Partner -0 Limited 0 General U Individual U Attorney in Fact n Trustee C Guardian or Cot'\Servator [] Other: ---------·--------- Signer Is Representing: Signer's Name:---:---:-----· U Corporate Officer -Title(s): .• C Partner -D limited 0 General U Individual U Attorney in Fact n Trustee C Guardian or Consmator C Other: ------·-----------·--·-·-·---SigMr Is Representing: ©2014 National Notary Association • www.Nationa!Nota1y.org • 1·800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CEDILandDev\PROJECTS\RP\RP 15\RP 15-14 Ciocciotti's Restaurant-Railing Table and Chairs\PR 16-03 Cicciottis Restaurant\PR 16-03 Cicciottis Restaurant.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 ~0 ( e,.;;. ) ) On {p M"'( "2.,.. (<.. before me, __ V3_;:__~ __ tJ_~'---'.<:~. fJX_4141 __ ?u_1_~ _____ _ Date Here Insert Name and Title of the Officer personally appeared __ -_ _.!o(dJ.~' ,__eT_AtJ_·_~ __ (_t:.....U_1_·rf'1r __ 1_-_____________ _ NamejsJ of Signe;'>) who proved to me on the basis of satisfactory evidence to be the person~ whose name<s)' is/afe subscribed to the within instrument and acknowledged to me that he/s~t,totey executed the same in his/h¢/thf:lir authorized capacity(i?5), and that by his/h~/t~ir signature(~ on the instrument the person(~. or the entity upon behalf of which the person{?' acted, executed the instrument. 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. -----------------------------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:------------ 0 Corporate Officer -Title(s): ______ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other:-------------- Signer Is Representing: --------- Signer's Name:------------ 0 Corporate Officer -ntle(s): _____ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: ------------- Signer Is Representing: --------- ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTIONS REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAI\I DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOTS 17 AN D18 IN BLOCK 34, TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535 (775) FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888. 5 0:\CED\LandDev\PROJECTS\RP\RP 15\RP 15-14 Ciocciotti's Restaurant-Railing Table and Chairs\PR 16-03 Cicciottis Restaurant\PR 16-03 Cicciottis Restaurant.doc 01/25/13 .._: U} 1-- -....1 ~ LU U} 0 0 a:: RAILING NOT TO SCALE RAILING PROJECT NAME 40'-o" LOCATION 10'-2" ROW MAP RESTAURANT • 1.!) I "J - GRAND AVE. -(f_---- 595 GRAND AVENUE APN 203-292-09-00 PLOnED BY: SCOTT EVANS PLOT DATf::J/21/16 PA7H:D: \DEVELOPMENT PRO.£CTS\PR\AUTOCAD\PRI6-03_RPI5-14.DWG RAILING PROJECT NUMBER RP15-14 PR16-03 SIDEWALK • a, -! I 0 1.!) _t EXHIBIT B ~ . 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 ~a,)\._ t lt'1V ) On tJoVe¥v\))€V 1fJ, ia'gefore me, i2o¥Cl (\Y)L ~0 t'\e~ !Vof-ai)_~j /Ju/oi'(__, Date ----\ C Here Insert Name and Title of the Officer personally appeared "--...J et SoV\ -o · 6-e l J f2~ r 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 rw_ .................... ·.·······························································, ..., COMM. #2107902 • ROXANNE JONES of the State of California that the foregoing paragraph is true and correct. !; NOTARY PUBLIC • CALIFORNIA~ f SAN DIEGO COUNTY ~ WITNESS my hand and official seal. ComnissionExpiresApril20. 2019 .............................................................................................. 1 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 - 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: _____________ _ 0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907