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HomeMy WebLinkAboutCDP 2017-0065; Crowley, Michael and Christine; 2018-0228734; Encroachment Agreement' RECORDING 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# 2018-0228734 111111111111 lllll 111111111111111 lllll lllll 1111111111111111111111111111 Jun 06, 2018 02:04 PM OFFICIAL RECORDS Frnest J Oronenburg, Jr , SAN DIEGO COUNTY RECORDER FEES $35.00 (S82 Atkins $0 00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-180-52-00 -----------PROJECT ID: CDP2017-0065 PROJECT NAME: Crowley Lot Line Adjustment RELATED PROJECT ID: EAGREE 2018-0007 RELATED PROJECT ID: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Anchorage Investments, LLC, a California Limited Liability Company ("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 4403 Highland Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-180-52-00, 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 public street 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 a retaining wall to remain in a portion of the public street 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 all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, 1 Q:\CED\LandDev\PROJECTSICDPICDP20171CDP2017-0065 Crowley Lot Line Adjustment -Chua\ENCROACHMENT AGMT -Parcel B.doc 9/5/2014 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 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Michael and Christine Crowley 4403 Highland Drive 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 2 Q:\CED\LandDev\PROJECTS\CDPICDP2017\CDP2017-0065 Crowley Lot Line Adjustment -Chua\ENCROACHMENT AGMT -Parcel B.doc 9/5/2014 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 7& day of a.,lc.tq , 20 (3 . OWNER Anchorage Investments, LLC, a California Limited Liability Company By: Crowley Trust dated November 15, 2005, its So!e Mxmber By: IY4~fC-rautJ~ Jr (Sign Here) Michael F. Crowley, 11 By:C ~ . )Jd=:if (Sign Her Christine N. Crowley (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEM Assist~ney 3 CITY OF CARLSBAD, a municipal corporation of the State of California Q ICED\LandDev\PROJECTS\CDPICDP2017\CDP2017-0065 Crowley Lot Line Adjustment -Chua\ENCROACHMENT AGMT -Parcel B.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 .~ ) County of ~<iVt., . /~ ) SAMUEL O FLORES On .,a(o/ Z, zg:,/,lj"' before me, ______ N_o_ta_ry~P_u_b_lic _________ ~ Date Here Insert Name and Title of the Officer ,J / /_ --/4/' ,-;::::::-/--?_ ·/. • 77' personally appeared R-'lL~ , ~ ~ Name(s) of Si?n,;r(s) '~~ p~ who proved to me on the basis of satisfactory evidence to be the erson(s) whose name(s) ~re subscribed to the within instru!Jlent and acknowledged to me that -Rekhe/they executed the same in Ai&LAer/their authorized capacifd{ies), and that by l=liaA,er/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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph I e e e e e e e e e O O O ( is true and correct. _ Notary Public -California z e SAMUEL 0. FLORES f WITNESS my hand and offic!al.~e~I.. -· I Co~~i~~:,o#c;f;~19 ! Signatu~ :~~~~ My Comr Exp,res Dec 1, 2021 ~~==-;:::._~~~~~~,;;;~~-==~::::~-:'."'.""-::J- 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: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 Q:\CED\LandDev\PROJECTS\CDPICDP2017\CDP2017-0065 Crowley Lot Line Adjustment -Chua\ENCROACHMENT AGMT -Parcel B.doc 9/5/2014 EXHIBIT "A" EAGREE 2018-0007 LEGAL DESCRIPTION FOR 4403 HIGHLAND DRIVE PARCEL B PARCEL A OF CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 4, 2008 AS DOCUMENT NO. 2008-0576875, OFFICIAL RECORDS. EXCEPTING THEREFROM THE NORTHERLY 75.00 FEET OF SAID PARCEL AS MEASURED PARALLEL TO THE NORTHERLY LINE OF SAID PARCEL. CONTAINING 28,137 SQUARE FEET (0.646 ACRES) . , · .. · //}IJ/d-- EXHIBIT "B" EAGREE 2018-0007 LEGAL DESCRIPTION OF EASEMENT A PUBLIC STREET EASEMENT PER MAP NO. 2152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MARCH 7, 1929. 1 OF 1 LOCATION MAP I "'U 4367 HIGHLAND DRIVE s: r-I _..._o APN: 206-180-46 0-. -I I o::~ 0) N 73'54'08" E 226.45' -- 4403 HIGHLAND DRIVE I :.::: APN: 206-180-52 I! "'U r-s: a Co -I ~ Co ~ I :: ~ 16 '!. ~ N73'58'14" E _,,._ .. ~39'5~ ~ 50.2.7 LOT9 PM 16064 \ ENCROACHMENT LEGEND: EXISnNG SITE WALL EXISTING BRICK COLUMN o 1 OF 1 PROJECT NAME: CROWLEY LOT LINE ADJUSTMENT 4403 HIGHLAND DRIVE APN: 206-180-52 I I I ::r: -G) ::r: --r--)::,. :.::: I < -CJ 0) CJ d Q:) :::0 9 -= ~ ~ ENCROACHMENT AGREEMENT FOR EXISllNG PR/VA TE WALL, FENCE &: BRICK COLUMNS --WITHIN PUBUC 150.23' RIGHT-OF-WAY 155.0' 30.0125.0' SCALE: 1"=50' PROJECT EXHIBIT NUMBER £AGREE 2018-0007 C 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 ) Countyof 6aA\ DJ<tG,ti ) On ~~ ILR -w,ft before me, tz.12'/,al)nf J'oN~ Nufa&y Pub/JL. Date Here Insert Name and Title of the Officer personally appeared ______ j_a_,__.._.6-Q~tv~_,a_. --=b_,e~Jd+-y!~t _I _____ _ 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. Place Notary Seal Above I certify under PENAL TY 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 ________ '(\(,_Q;~)L_IIJ_-+-+-_O_'/L0 ___ _ Signature of ----------------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: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Trustee D Attorney in Fact D Guardian or Conservator D Other: ______________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): -~----- 0 Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907