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HomeMy WebLinkAboutSDP 14-06; Hoehn Enterprise 2 LLC; 2015-0179348; Encroachment AgreementDOC# 2015-0179348 III 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 Apr 15, 2015 04:35 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $2.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 211-060-09-00 SDP 14-06 HOEHN MOTORS AUDI DEALERSHIP PR 14-54 DWG 485-1 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Hoehn Enterprise 2 LLC ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 5425 Paseo Del Norte within the City of Carlsbad, San Diego County California, Assessor's Parcel Number 211-060-09, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for general utility sidewalk and landscape purposes which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow decorative pavement to remain in a portion of the 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 ali times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction. 1 Q:\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-06 Hoeinn Motors Audi Dealership - Rlcl<\ENCROACHMENT AGMT PR 14-54, Hoetin Motors Audi Dealership.doc 9/5/2014 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 Owner must remove or relocate any part of the encroachment within ten (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 shall constitute a lien upon the property. (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. 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 City: If to the Owner: City Engineer Hoehn Enterprise 2 LLC City of Carlsbad RO. Box 789 1635 Faraday Avenue Carlsbad, CA 92008 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. City'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 City's consent for approval to any subsequent act by Owner 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. 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 2 Q:\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-06 Hoehn Motors Audi Dealership - RIckVENCROACHMENT AGMT PR 14-54, Hoehn Motors Audi Dealership.doc 9/5/2014 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this O day of Hi^r\\ , 20j5_. OWNER: Hoehn Enterprise 2 LLC By: (Sign Here) T William Hoehn (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineering Mana^r ROE 63912 Exp. 9/30/2016 By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: MM RON KEMP Assistant City Attorney Q:\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-06 Hoehn Motors Audi Dealership - Rick\ENCROACHMENT AGMT PR 14-54, Hoehn Motors Audi Dealership.doc 9/5/2014 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 Counly of 0n_jpL4_^ r Dare personally appeared 2! ) before me, (^{^ir> Here.li HerelpsertNamearn 'tisert Natne and Title of the Offlcerl 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. GLORIA A. REDIKER i COMM. #2056893 .j INOTARV PUBLIC • CALIFORNIA S > VCC^y SAN WEGO COUNTY »» I ^'^•KCommission Expires Feb 2,2018 | WWWAAMMMMVVVIAWVUVMVVWVVVWMMWVVVVWW WITNESS my han^^d official seal. Signature, 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 DocurTTent Title or Type of Document: Number of Pages: Signer( Capaclty(ies) Claimed by Signer(5) Signer's Name: ment » i Igner(s) Other.Than Namedyvbove: Document Date: 4 -i^tJdty Signer's Name: • Corporate Officer - Tltle{s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • www.NationalNotatv.org • 1 -800-US NOTARY {1 -800-876-6827) Item #5907 Q:\CED\LandDev\PROJECTS\SDP\SDP 14\SDP 14-06 Hoehn Motors Audi Dealership - Rlck\ENCROACHMENT AGMT PR 14-54, Hoehn Motors Audi Dealership.doc 9/5/2014 EXHIBIT "A" LEGAL DESCRIPTION PR 14-54 LOT 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30,1972. CONTAINS 147,422.91 SQ. FT. (3.384 ACRES) A.P.N. 211-060-09 Daniel Rubio, Expires: 12/31/15 P.L.S. 8239 EXHIBIT "B" LEGAL DESCRIPTION OF UNDERLYING GENERAL UTILITY, SIDEWALK AND LANDSCAPE EASEMENT PR 14-54 THE EASTERLY 10 FEET OF LOT 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 7492, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30,1972. Daniel Rubio, Expires: 12/31/15 P.L.S. 8239 PROPERTY LEGAL DESCRIPTION LOT NO. 3, CARLSBAD TRACT NO. 72-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CAUFORNIA, ACCORDING TO THE MAP THEREOF NO 7492. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON NOVEMBER 30, 1972. BASIS OF BEARINGS THE BEARING OF S.00-23'44"W. SHOWN FOR THE CENTERLINE OF PASEO DEL NORTE AS SHOWN ON CARLSBAD TRACT NO. 72-5 (RECORDED AS MAP NO. 7492) WAS USED AS THE BASIS OF BEARING FOR THIS EASEMENT PLAT GRAPHIC SCALE EXISTING ROAD RIGHT-OF-WAY EXISTING 10' WIDE GENERAL EASEMENT FOR UTILITY, SIDEWALK & LANDSCAPING PER MAP NO. 7482 AND DOCUMENTS 72-320456, 73-074588 AND 73-250837 AREA OF ENCROACHMENT FOR DECORATIVE PAVEMENT (SEE LANDSCAPE DWG 485-IL) CURRENTADDRESS 5425 PASEO DEL NORTE CARLSBAD, CA 92008 EXHIBIT "C" 5ANIEL RUBIO, P.L.S: 8239 EXP.: 12/31/15 DATE ENCROACHMENT AGREEMENT MAP - CfTY OF CARLSBAD PREPARED BY: JONES, CAHL & ASSOCIATES CONSULTING ENGINEERS 18090 Beach Boulevard - Huntington Beach Califomia 92648 - (714) 848^0566 e-mail: jca@jonescahl.com A.P.N.: 211-060-09 HOEHN MOTORS AUDI DEALERSHIP PR 14-54 SHEET 1 OF 1