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HomeMy WebLinkAboutSDP 05-04X2; SC Hotel LLC; 2017-0405037; Encroachment Agreementr\ I . \ 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 ASSESSOR'S PARCEL NO: PROJECT ID: PROJECT NAME: RELATED PROJECT: PROPERTY ADDRESS: 2032502600 and 2032500800 DEV05019 > SI) p 0S9-~ '-t ~ 2- DKN HOTEL EAGREE2017-0011 3136 Carlsbad Blvd ENCROACHMENT AGREEMENT DOC# 2017-0405037 1111111111111111111111111111111111111111111111111111111111111111111111 Sep 05, 2017 09:09 AM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $39.00 PAGES: 9 This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and SC HOTEL 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 within the City of Carlsbad, San Diego County, California 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 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 shoring wall anchor tie-backs 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 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 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. 5/17/2017 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: SC HOTEL LLC 42 Corporate Park, Ste 200 Irvine, CA 92606-5105 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 5/17/2017 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this ?-I day of ¾\y ,20!.]_. \ OWNER: SC HOTEL LLC, a California Limited Liability Company By: __ '(;;;..._UA.o._\f'\~-""'4:n~\-\A ........ r e:-'----- (Sign Here) \ Kiran Dahya (Print Name Here) By: ___________ _ (Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By:_..._){rui_.,______;_.;:=' -R-"O=~::;;..·_KE_M_P--+----- Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California 5/17/2017 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 _S_o._V\_.;.cD~\_-e----.~+=o ____ _ On 'B/2.1/17 before me, (.e~ el~ fev-v1a vi ck-z... 1 l'JdFv"".) f\ . .1.1'\ ~ c.- Date Here Insert Name and Title of the Officer personally appeared --~~O._S~O~\J\.~_s_.~be~~k:k<l--~-------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'87whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/sht§?tl:ley executed the same in his/heflthe'ir authorized capacity(ie§J, and that by his/ber/tl).eir signature(s)° on the instrument the person(s), or the entity upon behalf of which the person(sr-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 hand and official seal. Signature_~~~-~-'--~-6-"--~~----~--- Signature of Notary Public Place Notary Sea/ Above ---------------oPTTONAL--------------- 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: ___________ _ 11 Corporate Officer -Title(s): ______ _ D Partner -[ I Limited D General :J Individual ,~ Trustee D Attorney in Fact C Guardian or Conservator lJ Other: ______________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Partner -LJ Limited D General LJ 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 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 t];n,,~,e,_ On 0/J/ 2-1 / io17 before me, ----~-~-~~_4-<_irn_, _vfli __ rJfll_7'_+-µ_'i-/_b_i r_c.._ Date Here Insert Name and Title of the Officer personally appeared fC fn>-?l l>a.b.;Jo._ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person'8') whose name(z) is/a~ subscribed to the within instrument and acknowledged to me that he/she,'fl-ley executed the same in his/t,e1 ftlrett authorized capacity(i~, and that by his/flel'A:heil' signature(~ on the instrument the person'8'), or the entity upon behalf of which the person(2') acted, executed the instrument. YOUNC KIM COMM. #2112594 z Notary Public . California ~ Orange County ... Comm. Ex ifes June 18, 2019 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. ffe.e .. ~ Signature _____ ~{2.__ _________ _ Signature of Notary Public ---------------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): ______ _ [J Corporate Officer -Title(s): ______ _ D Partner -D Limited D General [J Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact [J Trustee D Guardian or Conservator D Trustee D Guardian or Conservator [J Other: _____________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~-q;.·•;x;~;x,~~)QOt;<;g;<;;<~~.;:<::~.~~~~.7X_:c<,-g,,g,'g(;,'g,'Q;,,~"g,;~-g,~'Q<,-.:;«,"<,;<,'G<,'g;,~X,-q,«c=<,'< ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827} Item #5907 4 5/17/2017 Legal Description EXHIBIT "A" ENCROACHMENT AGREEMENT EAGREE 2017-0011 PARCEL 1 AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JULY 30, 2015 AS INSTRUMENT NO. 2015-0403388 OF OFFICIAL RECORDS AND MORE PARTICULARLY DESCRIBED AS: ALL THAT PORTION OF BLOCK 18 OF THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894, AND OF TRACT 100 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTHWESTERLY LINE OF SAID BLOCK 18, DISTANT THEREON 150 FEET NORTHEASTERLY FROM THE MOST WESTERLY CORNER OF SAID BLOCK 18 SAID POINT BEING ALSO THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF SAID BLOCK 18 WITH THE EASTERLY LINE OF THE CALIFORNIA STATE HIGHWAY RIGHT OF WAY, AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED FROM W. T. HART AND SARAH M. HART, ET AL TO THE STATE OF CALIFORNIA, DATED AUGUST 7, 1924 AND RECORDED IN BOOK 1040, PAGE 76 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 6°17' 30" WEST (RECORD SOUTH 6° 27' WEST) ALONG SAID EASTERLY RIGHT OF WAY LINE 198.75 FEET TO THE MOST SOUTHERLY CORNER OF THE LAND CONVEYED BY THE WM. G. KERCKHOFF CO. TO GERARD C. AND MAY GARDNER, HUSBAND AND WIFE, BY DEED DATED AUGUST 19, 1936 AND RECORDED IN BOOK 546, PAGE 400 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO; THENCE NORTH 55° 27' EAST ALONG THE SOUTHEASTERLY LINE OF SAID GARDNER'S LAND 139.25 FEET TO THE MOST EASTERLY CORNER THEREOF, BEING A POINT ON THE NORTHEASTERLY LINE OF SAID TRACT 100; THENCE NORTH 34° 33' WEST ALONG SAID NORTHEASTERLY LINE AND THE NORTHWESTERLY EXTENSION THEREOF 160 FEET TO THE POINT OF BEGINNING. TOGETHER WITH; ALL THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTHWESTERLY LINE OF SAID TRACT 100, WITH THE EASTERLY LINE OF THE CALIFORNIA ST ATE HIGHWAY RIGHT OF WAY AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED FROM SOUTH COAST LAND COMP ANY TO THE STATE OF CALIFORNIA, DATED SEPTEMBER 8, 1924 AND RECORDED IN BOOK 1032, PAGE 284 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 6° 17' 30" WEST (DEED RECORD SOUTH 6° 27' WEST) ALONG SAID EASTERLY RIGHT OF WAY LINE 79.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 55° 27' EAST PARALLEL WITH THE NORTHWEST LINE OF SAID TRACT 100, A DISTANCE OF 95.85 FEET TO INTERSECTION WITH A NORTHEASTERLY LINE OF SAID TRACT 100; THENCE SOUTH 34° 33' EAST ALONG SAID NORTHEASTERLY LINE 90 FEET TO AN ANGLE POINT IN THE BOUNDARY OF SAID TRACT 100, SAID POINT BEING ALSO IN THE NORTHWESTERLY LINE OF THE LAND CONVEYED BY SOUTH COAST LAND COMPANY TO L. R. SLOAN AND BESSIE SLOAN, BY DEED DA TED APRIL 28, 1930 AND Page 1 of 2 EXHIBIT "A" ENCROACHMENT AGREEMENT EAGREE 2017-0011 RECORDED IN BOOK 1763, PAGE 328 OF DEEDS, RECORDS OF SAID COUNTY; THENCE SOUTH 55° 27' WEST ALONG THE NORTHWESTERLY LINE OF THE LAND SO CONVEYED TO SAID SLOAN TO THE EASTERLY LINE OF THE CALIFORNIA ST ATE HIGHWAY RIGHT OF WAY ABOVE MENTIONED; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING. THE SOUTHEASTERLY LINE AND THE NORTHWESTERLY LINE THEREOF, BEING PARALLEL WITH THE NORTHWESTERLY LINE OF SAID TRACT 100. EXCEPTING THEREFROM THAT PORTION LYING NORTHWESTERLY OF A LINE DRAWN PARALLEL WITH AND 50 FEET MEASURED AT RIGHT ANGLES SOUTHEASTERLY FROM THE NORTHWESTERLY LINE OF SAID ABOVE DESCRIBED PARCEL. TOGETHER WITH; THE SOUTHEASTERLY HALF OF THE NORTHEASTERLY QUARTER OF BLOCK 18 OF CARLSBAD, IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. TOGETHER WITH; THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID TRACT; THENCE NORTH 34° 33' WEST, A DISTANCE OF 200 FEET; THENCE AT RIGHT ANGLES, SOUTH 55° 27' WEST, A DISTANCE OF 100 FEET; THENCE SOUTH 34° 33' EAST, A DISTANCE OF 200 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID TRACT 100; THENCE NORTH 55° 27' EAST, A DISTANCE OF 100 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEAST 135 FEET THEREOF. Prepared by Goodman & Associates Date Page 2 of 2 CARLSBAD BOULEVARD: EXHIBIT "B" ENCROACHMENT AGREEMENT EAGREE 2017-0011 ALL THAT PORTION OF CARLSBAD BOULEVARD AS SHOWN ON THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915, DESCRIBED AS CALIFORNIA STATE HIGHWAY RIGHT OF WAY AS SAID RIGHT OF WAY IS DESCRIBED IN THE DEED FROM SOUTH COAST LAND COMPANY TO THE STATE OF CALIFORNIA, DATED SEPTEMBER 8, 1924 AND RECORDED IN BOOK 1032, PAGE 284 OF DEEDS, RECORDS OF SAID COUNTY; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF CARLSBAD BOULEVARD FRONTING PARCEL 1 OF PARCEL MERGER ADJ 14-01, RECORDED JULY 30, 2015 AS DOC NO. 2015-0403388. LINCOLN STREET: ALL THAT PORTION OF LINCOLN STREET AS SHOWN ON THAT PORTION OF TRACT 100 OF CARLSBAD LANDS, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1661, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LINCOLN STREET FRONTING PARCEL 1 OF PARCEL MERGER ADJ 14-01, RECORDED JULY 30, 2015 AS DOC NO. 2015-0403388. Prepared by Goodman & Associates Date Page 1 of 1 EXHIBIT IC I EAGREE 2017-0011 , / OAK AVE ----------------r---------S55°27'00"W --~------- / 0 ,/ R/W, I"") / , ~ / ~ /** <J:}V // PROPOSED , TIE-BACKS r"\. /v/ / b-.V,o~' , / / '!o' ·'V/' ~ ~~, ~/ CJ~ ,/ ¼, / , ,/ / ** TIE-BACKS ENCROACHING INTO CARLSBAD BLVD R/W DEPTH LIMITS: 10' BELOW EXISTING GROUND TO 31' BELOW EXISTING GROUND. SEE DWG 482-3A ON FILE AT THE CITY FOR ADDITIONAL DESIGN INFORMATION. TIE-BACKS MAY BE CUT AND OR REMOVED ONCE DISENGAGED PER SHORING SCHEDULE. PREPARED BY: DOUGLA .GOODMAN R.C.E N . 28500, EXP. 3-31-2018 2079 SKY VIEW DRIVE COL TON, CA 92324 909-824-2775 60 PARCEL I ADJ /4-0/ 40' 24.7' I ~ I- LU LU c::: DOC NO. 20/5-0403388 I- C/) 3:: 0 oz ~ ....J ~10 z, (.) !z 1- 1 ....J I PROPOSED *TIE-BACKS I I I I * TIE-BACKS ENCROACHING INTO LINCOLN STREET R/W DEPTH LIMITS: 12' BELOW EXISTING GROUND TO 28' BELOW EXISTING GROUND. SEE DWG 482-3A ON FILE AT THE CITY FOR ADDITIONAL DESIGN INFORMATION. TIE-BACKS MAY BE CUT AND OR REMOVED ONCE DISENGAGED PER SHORING SCHEDULE. SCALE 1 "= 60' 0 60 120 APN: 203-250-08 & 203-250-26 SHEET 1 OF 1 CITY OF CARLSBAD EXHIBIT 'C' ENCROACHMENT AGREEMENT DATE: MAY 2017 SCALE: 1 "=60'