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Home My WebLink AboutSDP 2018-0020 2021-0413914; BG Consolidated LLC; 2021-0413914; Encroachment AgreementDOC# 2021-0413914 111111111111111111111 111111111 11111111111 III Jun 03, 2021 01:58 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $41.00 (SB2 Atkins: $0.00) PAGES 10 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 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 204-091-13 SDP2018-0020 540 CHESTNUT AVENUE EAGREE2020-0017 DWG 523-6L ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and BG Consolidated, 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 540 Chestnut Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 204-091-13, 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 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 all proposed LANDSCAPING AND IRRIGATION to remain in a portion of the public street and utility 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 Q:\CED\LandDevlPROJECTS\SDPSDP 18,ISDP2018-0020 540 Chestnut SFR - RickkEAGREE2020-00171ENCROACHMENT ARAI EAGREE2020-0017.doc 9/5/2014 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: BG Consolidated, LLC 1441 Montiel Road, Suite 115 Escondido, CA 92026 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 (MED LandDev1PROJECTS \SDP1SDP 18 \SDP2018-0020 540 Chestnut SFR - Rick\EAGREE2020-00171ENCROACHMENT AGMT EAGREE2020-0017.doc 9/5/2014 By: (Sian Here) Tom Gaeto, Managing Member Engineering Man g r v/1,4/1 RCE,63912 Exp. 9/30/2022 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this /2.0 day of c-ka,..1 , 20 1k OWNER BG Consolidated, LLC, a California limited liability çompa,y (Print Name Here) By: (Sign Here) (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. aELDERT, APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP , Assistant City Attorney 3 CIACEDILandDev1PROJECTS SDP‘SDP 185SDP2018-0020 540 Chestnut SFR - RicMEAGREE2020-0017lENCROACHMENT AGMT EAGREE2020-0017.doc 9/5/2014 USA GARCIA Notary Public - California San Diego County Commission # 2301704 My Comm. Expires Aug 17, 2023 WITNESS my hand and official seal. Signature (Seal) ACKNOWLEDGMENT 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 December 28, 2020 before me, Lisa Garcia, Notary Public (insert name and title of the officer) personally appeared Tom Gaeto 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. ELISSA TOVAR Notary Pubiic - California San Diego Couity Commission x 2323282 •My Comm, Expires Mar 8, 2024 Place Notary Seal and/or Stamp Above 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 CaVii -0.‘e lPr On lAtk.1 IO Dote personally appeared before me, •-kisSoi Towxv-1 No-c-cA4.4 Po\ckkc, Here Insert Name and Title of the bfficer C. 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. Signature Signature of Notary Public 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: CV riD tit C w-e_.„-ci Pi9v Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Li Corporate Officer — Title(s): 0 Corporate Officer — Title(s): El Partner — 0 Limited 0 General O Partner — 0 Limited 0 General D Individual O Attorney in Fact 0 Individual 0 Attorney in Fact O Trustee O Guardian or Conservator 0 Trustee 0 Guardian or Conservator o Other: o Other: Signer is Representing: Signer is Representing: gcf&g age‘`SZIEsIgS,,==32t C2019 National Notary Association EXHIBIT A [AGREE 2020-0017 LEGAL DESCRIPTION LOT 32 OF BLOCK 30 OF CARLSBAD TOWNSITE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE RECORDER OF SAN DIEGO COUNTY, FEBRUARY 15, 1894. SHEET 1 OF 1 EXHIBIT B EAGREE 2020-0015 EASEMENT DESCRIPTION THE NORTHERLY HALF OF THE PUBLIC STREET RIGHT-OF-WAY OF CHESTNUT AVENUE BETWEEN THE INTERSECTION OF CHESTNUT AVENUE AND TYLER STREET AND THE INTERSECTION OF CHESTNUT AVENUE AND ROOSEVELT STREET. SHEET 1 OF 1 EXHIBIT C EAGREE 2020-0017 ENCROACHMENT EXHIBIT VICINITY MAP SHEET 1 OF 3 PR. LANDSCAPING Zci; PER DWG# 523-6L EXHIBIT C EAGREE 2020-0017 ENCROACHMENT EXHIBIT L LEGEND: LANDSCAPING R/W 18+00 W W W 9 • • NOTES: ROOSEVELT STREET 18+50 19+00 1. COMPLETE LANDSCAPE DESIGN IN THE PUBLIC RIGHT OF WAY AND SDG&E EASEMENT ARE PER SEPARATE PLAN, DWG #: 523-6L , ON FILE WITH THE CITY OF CARLSBAD. 19+50 R/W 80' -k 40 ' 15.3 LOT 32 7 BLOCK 30E1 MAP 775 c? C•4 cC CC 8 C•J LOT 30 LOT 31 EL; BLOCK 304 BLOCK 304 MAP 775 RI MAP 775 (9 5' PUBLIC STREET & UTILITY EASEMENT PR 2020-0015 R/W et PR. LANDSCAPING PER DWG#, 2tL 't c+i 1+60 15 15 GRAPIQC 90112 SCALE: r— 30' SHEET 2 OF 3 4, W 4, 4- CHESTNUT AVENUE 4, 2+00 b TYLER STREET ii R/W EXHIBIT C EAGREE 2020-0017 ENCROACHMENT EXHIBIT LEGEND: LANDSCAPING ROOSEVELT S EET PR. LANDSCAPING PER DWG#: 523-6L NOTES: 1. ENCROACHING GROUND COVER ENCROACHING CRUSHED ROCK S I T COMPLETE LANDSCAPE DESIGN IN THE PUBLIC RIGHT OF WAY AND SDG&E EASEMENT ARE PER SEPARATE PLAN, DWG t_ 523_761_ , ON FILE WITH THE CITY OF CARLSBAD. EX. SDGE VAULT EX. ELECTRICAL BOX ENCROACHING SHRUB uJ 5.4' 40' to APN: 204-091-11 EX. ELECTRICAL BOX LOT 31 0 BLOCK 30 4 MAP 775 cc 5' PUBLIC STREET & UTILITY EASEMENT PR2020-0015 EX. SDGE VAULT ENCROACHING SHRUB EX. CONC.JIJ IT2 -F EX. UTIITTY BOX PR. LANDSCAPING 10 PER DWG#: 523-6L zo 10 ENCROACHING TREE GRAPHIC SCALE SCALE: le's 20. TYLER STREET SHEET 3 OF 3