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HomeMy WebLinkAbout; JPMorgan Chase Bank; 2023-0049706; Encroachment AgreementRECORDING 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# 2023-0049706 1111111111111111111lll 1111111111 lllll lllll 1111111111111111111111111111 Feb 27, 2023 01 :50 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-340-17, 18, 19 PROJECT ID: EAGREE 2022-0017 PROJECT NAME: Chase Bank Modernization RELATED PROJECT ID: COC2022-0008 RELATED PROJECT ID: COC2022-0009 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and JPMorgan Chase Bank ("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 699 Grand Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-340-17-00, 203-340-18-00, and 203-340-19-00, 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 JPMorgan Chase Bank 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 improvements 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, 1 C:\Userslv740751\AppOata\Local\Microsoft\llVlndows\lNetCache\Content.Outlook\QO3LR7ARIENCROACHMENT AGMT.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 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: JPMorgan Chase Bank 24085 El Toro Rd, Fir 2 Laguna Hills, 92653 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 C:\Users\v740751\AppData\Local\Microsoft\Wlndows\lNetCache\Content.Outlook\QD3LR7ARIENCROACHMENT AGMT.doc 9/5/2014 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 26th day of January, 2023 OWNER By~ (Sign Here) JPMorgan Chase Bank, NA Steve Bashe VP (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: Senior Assistant Ci y Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engine ing anager C:\Users\v740751\AppDatallocal\Mlcrosoftl\Mndows\INetCache\Content.Outlook\QD3LR7ARIENCROACHMENT AGMT.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ~ary public or other officer completing this certificate verifies only the identity of the 111d ividual who signed the docunjenl L to which this certfficala is attached, and nol the trutllfulness, accuracy, or validity of that document. ---- State of Cnllfornla } County of O~j'::: On <f fAAlttAAl'h '11 ,~e fore me, ~ k, 1v~e\,\.\e\.:-l.-~~ 1/'~ (7 Hery Insert Name and Titl~~Officer personally appeared w.e,_ 1_';;>0,~ lJ\.?- Name(s) of S,gnel(s) _,.,.--,--,---:---:-:-~-:----:-~--:-1.,'----:----. who proved to me-mi the basis of satisfactory evidence to be the person(s) whose name(s) ls/me subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), 1111d th11t by his/her/their slgmiture(s) on the Instrument the person(s). or the entity upon behalf of which the person(s) acted, executed the Instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing pmagruph Is true and correct. WITNESS my h;md nnd offlclnl seal. Signature G? Signatl/re of Notc,ry Public OPTIONAL -- Completing this information can deter alteration of the docl/ment or fraudulent reCJffCJchment of this form to an unintended document. Description of Attached Documen7_A . j_. ~ ___ •-~ Title 01 Type of Doc~ent: fL viUaa.~~ I J ~l~~ DocumentDate: ~CA>-,~ 1 ~ -;;umber of Pages:_t:d/ft Slgner(s) Other Th,m Named Above: ;J / fr Signer's Name: Signer's Name: j(Corporatc Officer -Tltle(s): ---v------□ Corpomtc Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney In Fc1ct □ Individual □ Attorney In Fc1ct □ Trustee □ Guardian or Conservator □ Trustee □ Gumdian or Conservator □ Other: D Other: Signer Is Representing: Signer Is Representing: 0 2019 Notional Notary Association 4 C:\Users\v740751\AppOata\Local\Microsoft\Wlndows\lNetCache\Content.OutlooklQ03LR7ARIENCROACHMENT AGMT.doc 9/5/2014 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 1888l):808(JOOOO B 8:0:oo:ou IC! l:OOOHOO:f):I 1:0:00 Om 1:8080:010:oell [)3 m o:o:o:H:a I 0:0:8800 0 8:() i B:S CI0♦000Ht«0 ()fl l(l 8t E liHOOO 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. on ------1....!:::..._______:_~ ....l........!.1....--....!...~4------!.!----"=-'---~D I IC personally appeared _____ ___.:=._..:::5 __ _:_ __ ~=---...L_.::.....!~J...:!,,e,:_.J...___..!~------- Name(s) of Signer(s) who proved to me on the basis of satisfacto 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 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. Place Notary Seal and/or Stamp Above s;gnature =@hl Signature of Notary Public OPTIONAL Completing this information con deter alteration of the document or fraudulent reattachment of this form to on 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: ____________ _ □ Corporate Officer -Title(s): .,.,,,e.::::...._ ____ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ neral □ Partner -□ Limited □ General □ Individual Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ oo:oa1a1m.JO D ]9000Q:00000:900ll DJ BHOQQ00@:0800ll1GtliC811@111E90[ 000111e:1111:o@:9@:8:IEOOO:Olt:0:1,oc ODD DD D Bf ©2019 National Notary Association EXHIBIT "A" EAGREE 2022-001 7 THE PROPERTY Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: LOTS 17, 18, 19, 20, 21 AND 22 IN BLOCK 38 IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 2, 1888, AND BEING AMENDED TO MAP THEREOF NO. 775, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 15, 1894. APN: 203-304-19-00 (LOTS 17 AND 18); 203-304-18-00 (LOTS 19 AND 20) AND 203-304-17-00 (LOTS 21 AND 22) EXHIBIT "B" LEGAL DESCRIPTION EAGREE 2022-0017 PUBLIC EASEMENTS EASEMENTS: 0 GRAND AVENUE AND MADISON STREET, BOTH PUBLIC STREETS GRANTED TO THE CITY OF CARLSBAD, AS SHOWN ON MAP 535, 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 MAY 2, 1988. EXHIBIT "C" --t-r.--€ - GRAND A VENUE N55'25'55"£ 139.96' 11 '-4" I LOT 17 6'-0" 6'-0" LOT 19 LOT 20 19.9' LOT 21 S55'26'39"W 139.96' ~ u· oliiii' ___ ,~s·~~~· ~, SCALE: 1•=~• LOT 23 & 24 A.P.N. 203-304-16-00 Basis of Bearings: THE BEARINGS SHOY,N HEREON ARE BASED UPON THE CENTERUNE OF GRANO A '.fNUE, BEING NSS'25'55"E PER RECORD OF SUR',£Y UAP NO. 14151, IN THE OFFTCE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. Legend APPLICANT: JP MORGAN CHASE 24085 EL TORO RD. FLOOR 2 LAGUNA HILLS, CA 92653 -----CENTER UNE ---------EASEJ,fENT UN£ ----PROPERTY UN£ I ----RIGHT OF WAY UN£ .,_ _____ _ {949) 452-2072 DATE: 02/01 /2023 SHEET I OF l EAGREE2022-0017 -CITY OF CARLSBAD CALVADA SURVEYING, INC. 411 JENKS CIRCLE, SUITE 205, CORONA, CA. 92878 PHONE: 951-280-9960 ;..,.=:......========. -- Areas of { encroachment 1.5" over 12' -c::s ~ }<J ~ ~ ~ ~ Area of encroachment 1.5" over 16'-5" 1-. ttj ~ CJ) ~ ~ Q ~ R/W t w .....I --c u (fl 0 z A.P.N. NO's: 203-304-18 & 19 Job No. 22062 FAX: 951-280-97 46 www.calvada.com