Loading...
HomeMy WebLinkAboutSDP 16-13; Affirmed Housing Group Inc; 2021-0051893; Encroachment AgreementDOC# 202 1 -0051 893 111111 111111111M 1111 111111 11111 11111 11111 11111 liii MIMI Jan 22, 2021 04:20 PM OFFICIAL RECORDS El nest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD PAGES: 8 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 204-111-02 SDP 16-13 Oak Veterans Housing EAGREE 2020-0015 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Affirmed Housing Group, Inc., a Delaware Corporation ("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 965-967 Oak Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 204-111-02, 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 Oak Avenue dedicated per Map No. 1661 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 private a storm drain 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. (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: Carlsbad Veteran Housing, LP 13520 Evening Creek Drive N. Suite 160 San Diego, CA 92128 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 CELIA BREWER City Attorney By: RON KE P Assistant City Attorney IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this '1 day of ft)(1 zo OWNER CITY OF CARLSBAD, a municipal corporation of the State of California By: (Print Name Here)PRES1 DENT Pr RC 63912 Exp. 9/30/2020 AFFiKt4eD gouStisl& LIP,TNc. By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: 3 (Sign Here) .5t1A4A.404.0- OPTIONAL Completing this information can deter alteration of the document or audulent reattachment of this form to an unintended document. Description of Attache cument ,-.. 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): O Partner — 0 Limited 0 General O Individual O Attorney in Fact O Trustee O Guardian or Conservator O Other: Signer is Representing: Signer's Na 0 Corporate 0 r — Title(s): O Partner — 0 Lim 0 General o Individual ttorney in Fact o Trustee 0 Gu ian or Conservator 0 Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 .41:104WEA141,~ 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 San Diego on July 9, 2020 before me, Bryna Geary, Notary Public Date Here Insert Name and Title of the Officer personally appeared James Silverwood 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. WITNESS my hand and official seal. MYNA GEARY Notary Public - California San Diego County Commission # 2248542 My Comm, Expires Jul 1, 2022 Signature Place Notary Seal and/or Stomp Above ignoture of otory lic &.3aYatawte~Aacic kivergaggtEgszEx 10.1- ©2019 National Notary Association ELISSA TOVAR t4otary Public - California San Diego County Co—mission 2323282 My Comm, Expires Mar 8, 2024 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: -e,v, c:- i-- (.) c..),C_Ck i-N,..e.vvi- 09 "-eCA"c\e-i' 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): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: o Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator o Other: Signer is Representing: CALIFORNIA 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 Sairl on l0 I'ZcA 120 2-0 bate before me, Ok.kSCA , 0 k-Cfk/ Here Insert Insert Name ancf Title of the Officer .--- personally appeared 73—Ct SCA\ c. eAe- -k Nome(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. WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above Signature of Notary Public 02018 National Notary Association EXHIBIT 'A' EAGREE2020-0015 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED W THE CITY OF CARLSBAD, IN 17-(E COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LOT 1 OF THE SUBD1WSION OF TRACTS 114 AND 120 OF CARLSBAD LAND, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1744, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 3, 1923, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE CENTER UNE OF OAK AVENUE, DISTANT THEREON NORTH 55' 27' EAST 469.95 FEET FROM ITS INTERSECTION MTH THE CENTER LINE OF FIFTH STREET, THENCE CONTINUING ALONG THE SAID CENTER LINE OF OAK AVENUE, NORTH 66° 27 EAST A DISTANCE OF 90 FEET TO THE NORTHWESTERLY CORNER OF THAT TRACT OF LAND AS CONVEYED BY THE SOUTH COAST LAND COMPANY TO ROBERT W. AND MARY E. CHAMBERS, BY DEED DATED APRIL 13, 1925 AND RECORDED IN BOOK 1095, PAGE 20 OF DEEDS; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID CHAMBERS LAND, SOUTH 34' 33' EAST A DISTANCE OF 480 FEET TO A POINT ON THE CENTER LINE OF PINE AVENUE; THENCE ALONG THE SAID CENTER LINE or PINE AVENUE SOUTI-1 55' 27' WEST, A DISTANCE OF 90 FEET; THENCE NORTH 34' 33' VEST A DISTANCE OF 480 FEET TO A POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTHEASTERLY 240 FEET TOGETHER Ml?-! THAT PORTION OF OAK AVENUE CONTIGUOUS AND ADJACENT NORTHWESTERLY TO THE ABOVE DESCRIBED LAND AS VACATED AND CLOSED BY A RESOLUTION OF THE CITY OF CARLSBAD RECORDED MARCH 3, 1961 AS FILE/PAGE NO. 38238 OF OFFICIAL RECORDS. EXCEPPNG THEREFROM THAT PORTION OF' SAID VACATED STREET DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTER LINE OF OAK AVENUE, DISTANT ALONG SAID CENTER LINE NORTH 55' 59' 02" EAST, 554.35 FEET FROM THE INTERSECTION OF SAID CENTER LINE MTH THE CENTER LINE OF HARDING STREET (FORMERLY FIFTH STREET); THENCE (1) SOUTH 34' 00' 58. EAST, 30.00 FEET TO THE NORTHWESTERLY LINE OF THE SOUTHERLY 10 FEET OF OAK AVENUE, AS CLOSED TO PUBLIC USE BY THE CITY OF CARLSBAD BY RESOLUPON NO. 723, RECORDED MARCH 3, 1961 AS FILE/PAGE NO. 38238 OF OFF7CIAL RECORDS; THENCE (2) SOUTH 79' 00' 58' EAST, 189 FEET TO THE NORTHEASTERLY LINE OF SAID AAPODACA'S LAND THENCE (3) ALONG SAID NORTHEASTERLY LINE, NORTH 34' 01' 26. WEST, 35.58 FEET TO SAID CENTER LINE OF OAK AVENUE; THENCE (4) ALONG LAST SAID CENTER LANE SOUTH 55' 59' 02" WEST, 5.58 FEET TO THE POINT OF BEGINNING. EXHIBIT 'B' EAGREE2020-0015 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: OAK AVENUE DEDICATED PER MAP NO. 1661 0 10 20 40 60 PACIFIC OCEAN VICINI Y MAP N HIGHWAY VILLA DR. CAN EXHIBIT 'C' IX. 30" RCP SO PER MG NO. 360-5 EX 24" RCP .50 PER 13K.; Na 360-5 PII 8 P OAK AVENUE .31 ..rIA Et. Hey° -.ENCROACHMENT OF 4.5-Li 1.0.D. PER PR2020-0004 •1 PVT STORM DRAIN. SEE DWG 523-5A FOR DETAILS , PORTION OF LOT 1 MAP NO. 1744 NN / 11! APN 204-111-02 APN 204-111-01 APN 204-111-03 1>