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HomeMy WebLinkAboutPD 2021-0027; Gerico's Partnership; 2021-0589754; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad ViHage Dr. Carlsbad, CA. 92008 DOC# 2021-0589754 I IHlll 11111 lllll 111111111111111 lllll lllll l~ll llll 111111111111111111 Aug 18, 2021 04:36 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $38.00 (S82 Atkins: $0.00) PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-173-09-00 -----------PROJECT ID: PD2021-0027 PROJECT NAME: FRESCO COCINA PATIO RELATED PROJECT ID: EAGREE2021-0011 RELATED PROJECT ID: CBC2021-0129 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement'') is entered into between the CITY OF CARLSBAD ("City") and Gerico's Partnership, a California General Partnership ("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 2858 Carlsbad Blvd within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-173-09-00, 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 Access and Utility 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 patio, awning, and front entry planters to remain in a portion of the Public Access 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, 1 Q:\CED\LandDev\PROJECTSIPD\PD 2021\PD2021-0027 f resro Cocina Ena-oaGhmentAgmnl\EAGREE2021--0011 Doc.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 tlme 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: Gerico's Partnership, a California General Partnership 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\PROJECTSIPD\PO 2021'1'02021-0027 Fresco Cocina EncroachmentAgmntlEAGREE2021-0011 Doc.doc 9/5/2014 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 0\. "T\\ day of ~ \I\ '-i , 20 ~ \ . OWNER, Gerico's Partnership, a California General Partnership By: U"°d T-\?--7 (Sign Here) J~~~\4.\=~ T-~\ ..r ~ (Print Name Here) By: --------------(Sign Here) (Print Name Here) .A.PPROVED AS TO FORM: CELIA BREWER City Attorney By: \Q~KEM~ Assistant City Attorney 3 CITY OF CARLSBAD, a municipal . corporation of the State of California PLEASE SEE NOTARY ATTACHMENT Q:\CEO\LandDev\PROJECTSIPD\PD 2021\PD2021--0027 Fresco Cocina Encroochment Agmnt\EAGREE2021-0011 Doo.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 D . ) County of 5~ _ [ e90 I On 07/0 Lzo2.l before me, t<,rys+ctl CJlfl<r I Notqry b11bli c Date J /\ t T 1l . Here Insert Name and Title of the fficer personally appeared ~ \ r f.. Y • I'\ l 1' 9 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. Slgnffiure~ ~ 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): ______ _ □ Corporate Officer -Title(s): ______ _ D Partner -D Limited □ General □ Partner -D Limited D General D Individual · D Attorney in Fact □ Individual □ Attorney in Fact D Trustee D Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: ____________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ~~ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 ot __ 5_·0;:;;..:\¥\"-'--'-_\)~\ _,._e fl}_,· ,_,.D~--- 1 j -i-£'.\ \ '],,, \ before me, _6~l~, ~-~-c._1\._1r_o_·_,k_il:_~~N-~_~_· _· -'""'+1-....:.~_;l;_;' b-=-_ ..:.\ ;_<...~- Date Here Insert Nan:e and Title of the Officer On personally appeared ____ ..=Jt...;oc.!.:it-=$_.,{)'-!.v"-'-----=s ..:..·. ___.G_,_· ·.,,__,..e ..,_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. •••••••• f ELISSA TOV.t.lt Notary l'ubllc • Ciliforni,1 z s~n Oi~o County ~ Commission II 2323212 - y Comm. Expires Mar a, 2024 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California t hat the foregoing paragraph is true and correct. WITNESS my hand and official seal. f~ Signature _ __.{__;....:::..,.~J...i-=------------ 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: Gn L-vuCi\..C.J-,.~-\- Document Date: ______________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capacity(les) Claimed by Signer(s) Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -o Limited □ General D Individual D Attorney in Fact □ Trustee o Guardian or Conservator D Other: Signer is Representing: _________ _ ©2018 National Notary Association Signer's Name: ____________ _ o Corporate Officer -Title(s): ______ _ □ Partner -□ Limited o General □ Individual o Trustee D Other: □ Attorney in Fact o Guardian or Conservator Signer is Representing: __________ _ Exhibit A Legal Description THE SOUTHWESTERLY 129 FEET OF BLOCK 10 OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 365, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 2, 1887. EXCEPTING FROM SAID PROPERTY, THE NORTHWESTERLY 60 FEET THEREOF. Exhibit B Easement Description GRAND AVENUE IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON MAP NO. 1661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 1, 1915. SIDEWALK PROJECT NAME: EAGREE2021-0011 PLOTTED DATE: 06-23-2>21 PLAT OF PROJECT f 7'-0" J. 8'-0" J. r. 1 50'-0" l. 1 ---CURB --.-...1-.-AREAOF ENCROACHMENT ~ ...J ~ w 0 00 0 □ b I f... ~ = 0 LL > 0 ...J ...Jal ·Q u <( om I-Cl) -...J 0 a:: co <( 0 FRESCO Cocina -Patio 2858 Carlsbad Blvd APN: 203-173-09-00 w ~ a z ~ C!) 0 ~ PROJECT NUMBER PD2021-0027 EXHIBIT C SECTION AREA OF ENCROACHMENT 7'-11" CURB GRAND AVE. PROJECT NAME: EAGREE2021-0011 PLOTTED DATE: 06-23-2021 8'-0" 50' TO C.L of GRAND AVENUE. FRESCO Cocina -Patio 2858 Carlsbad Blvd APN: 203-173-09-00 EXISTING RESTAURANT PROJECT NUMBER PD2021-0027 EXHIBIT C