Loading...
HomeMy WebLinkAboutCDP 2020-0007; 6479 Surfside LLC; 2023-0077275; Encroachment AgreementX IDP 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 DOC# 2023-0077275 111111111111 1111111111 1111111111 11111111111111111111 IIIII IIIII IIII IIII Mar 27, 2023 09:44 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $41 .00 (SB2 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-021-11-00 --=-=-----------PROJECT ID: CDP 2020-0007 PROJECT NAME: Terra Bella Development RELATED PROJECT ID: EAGREE2022-0038 RELATED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and 6479 Surfside, 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 6479 Surfside Lane within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 214-021-11-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns existing easements over, under, and across Owner's property for public utility and for public street and public utility purposes which easements are 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 decorative pavers, private decorative tiles and private steps to remain in a portion of the public utility easement and 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, 1 IIFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP20201CDP2020-0007 Terra Bella Development -Chua\ENCROACHMENT AGMT.doc 9/5/2014 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: 6479 Surfside, LLC 273 N. East Capitol Street Salt Lake City, Utah 84103 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Wa iver. 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 2 \\FILES01V\DepartmentslCED\LandDev\PROJECTSICDPICDP2020\CDP2020-0007 Terra Bella Development -Chua\ENCROACHMENT AGMT.doc 91512014 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Ag reement on this '2--4, day of fe letscu7 , 20~. OWNER 6479 Surfside, LLC, a California Limited Liability Company --R.,u\ ~ f~tt-Manager (Print Name Here) By: ----------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By~~ RONKEMP Senior Assistant City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California JASON S GELDERT, Engin 3 \IFILES01V\Departments\CED\LandDev\PROJECTSICDPICDP2020\CDP2020-0007 Terra Bella Development -Chua\ENCROACHMENT AG MT.doc 91512014 EXHIBIT "A" LEGAL DESCRIPTION CDP 2020-0007 EAGREE 2022-0038 PAGE 1 OF 1 LOT 5 IN BLOCK 24 OF LA COSTA DOWNS UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 2013, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 6, 1927 . EXCEPTING THEREFROM ALL MINERAL RIGHTS, RESERVED BY WARING H . ELLIS, IN DEED RECORDED FEBRUARY 1, 1928 IN BOOK 1419, PAGE 123 OF DEEDS. APN. 214-021-11-00 PARCEL A EXHIBIT "B" EASEMENT DESCRIPTION CDP 2020-0007 EAGREE 2022-0038 PAGE 1 OF 1 AN EASEMENT FOR PUBLIC STREET AND PUBLIC UTILITY PURPOSES PER DOCUMENT RECORDED DECEMBER 07, 1994 AS DOCUMENT NO. 94-0701553 OF OFFICIAL RECORDS. PARCEL B AN EASEMENT FOR PUBLIC UTILITY PURPOSES PER DOCUMENT RECORDED DECEMBER 08, 1994 AS DOCUMENT NO. 94-0703807 OF OFFICIAL RECORDS. j /) ..., 5 ..., :, n 5 EXHIBIT 'C' COP 2020-0007 EAGREE 2022-0038 II ·1 II NOTE REFER TO CITY OF II CARLSBAD OWG 528-5A I 11 FOR CONSTRUCTION DETAIL I II 1 1 II 479 SURFSIDE LANE 11 I II II II LOT 5, MAP 2013 II 1 1 I IL _________ =;i II 1------7!-.--71 I l -----------RETAINING~ IL ----==1 ~ ~us ~! i F---- 1~ : ~ORIVEWA Y~ I PAVERS PR/VA TE TILE SIDEWALK PR/VA TE STEPS PR/VA TE TILE o· SCALE: 1" = 10' 1 1 ENCROACHMENT EXISTING EASEMENT PER 11 DOC NO. 1994-0703801, __jJ:o' I 35.0 • u 1 $.... REC DECEMBER a, 1994 __ 1 ___ I______________ _ ___ J~-[ (PARCEL; ______ _ PR/VA TE ORIVEWA Y PA VERS ENCROACHMENT LEGEND __ _l_•R/W ----- ---- EXISTING EASEMENT PER EXISTING CURB DOC NO. 1994-0701553, SURFSIDE LAN£ REC DECEMBER 7, 1994 (FORM£RL Y ANACAPA ROAD, (PARCEL ,~!..._.~.:/~;' .) PROPERTY LINE PER MAP 2013) ..... S"' .~ ,-~~~- ----. b,,Y :r:, -..;,!..k~ u-'J>~ ~ ------iQ . ¥ --r.,. ,~it. ;, EXISTING EASEMENT ::::i :::, J --J ::, --J ~ 7 PROPOSED ENCROACHMENTS: REQUESTED BY: 6479 SURFSIDE, LLC. (DECORATIVE PAVERS) I 1 ,,,er-,,.;J,/Jz ,, ~ t$t /.J-(.-, v u ~ ~. 3Z01 'l ; :, .. r (DECORATIVE TILES) J tv,,,. 3~ za 3 .1z/.V/Z'f/ Ii~_.: ----(STEPS) • A • •· ENCROACHMENT EXHIBIT ·v1:::t/;,l' CITY OF CARLSBAD SHT. 1 OF 1 SHTS. PREPARED BY: SEE DWG 528-5A FOR OtJAY CONSULTANTS DETAILS A.P.N. _____ _ 2710 LOKER AVE' W, STE 100 21 4-021 -1 1 -00 (760) 931-7700 CERTIFICATION MADE UNDER PENALTY OF PERJURY (Code of Civil Procedure 2015.5) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ~™~~~rJY1a.,l . ~+t of cat1-fomtPL- Signature: tkh~ of carlSbad , ~bu---- Firm Name ( if applicable) Place of Execution: 2tJih \vltUlJ)S, m Rec. Form #R7 (Revised 3-25-16) •• CIVIL CODE§ 1189 wr n nmn:n ;w.ewa•-...... 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 Gellfo11 lie ~ 1-, } County of ~"I \ + ~ \..e. On :z-1.-~ -Z-,7 before me, S'viu.k:i51A &w:v:oWW'4{/\ ~V:CU-1 Date D . Here Insert Name and Title of t/1e Officer ' J personally appeared _____ r_aM,l~~-:lt-\-11---------------- Name/s) of Signer(s) who proved to me on the basis of satisfactory evidence to be tho person(s) whose name(s) lsfare subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. SHARON BORROWMAN BRAY Notary Public Stole ol Utah My Commission Expires on: May 02, 2025 Comm. Number: 720077 Place Notary Seal and/or Stomp 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. Signature OPTIONAL Completing this information con deter alteration of the document or froudu/ent reattachment of this form to on unintended clocument. Description of Attached Document Title 0 1 Type of Document: ___________________________ _ DocumentDate: _____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ________________________ _ Capaclty(tes) Claimed by Slgner(s) Signer's Name: o Corporate Officer -Titte(s): ______ _ D Partner -D Limited D General D Individual D Trustee o Other: o Attorney In Fact D Guardian or Conservator Signer Is Representing: _________ _ Signer's Name: ____________ _ □ Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General D Individual □ Trustee o Other: □ Attorney In Fact □ Guardian 01 Conservator Signer Is Representing: _________ _ ------·---------·--·· µ ......... . ©2019 National Notary Association 4 IIFILES01V\DepartmentslCEDILandDev\PROJECTSICDPICDP20201CDP2020-0007 Terra Bella Development -Chua\ENCROACHMENT AGMT.doc 9/5/2014 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. StateofCa r In ~ao ~ Count~ 'JI I~ "ti/4/Vl(l On l7al:Zo72 befo~e e, J'M_/U-J,11 lll/m, n~--hu f¼Dlic Date ~~}CV) ~lnse":'"nfJ"/lj"fr! the om!" "/ personally appeared __________ ,L..._ _______ ) l-'---_ _u,._____,'-L-"'--'U ..... Lt(,.._'--'--4--'a'--.__ _______ _ ) of Signer(s) who proved to me on the basis of satisfac ory 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. Place Notary Seal and/or Stamp Above WITNESS my hand and official seal. s;gnatuce~I Nota,y Pubhc 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: ___________________ --===--,:::.==-- Signer(s) Other Than Named Above:------~.-,,:::::.. ________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ________ ,,,,,,,,_::..._ __ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): =>"'""'----------D Corporate Officer -Title(s): ______ _ □ Partner -□ Limited D neral □ Partner -D Limited □ General D Individual D Attorney in Fact □ Individual D Attorney in Fact □ Trustee o Guardian or Conservator o Trustee □ Guardian or Conservator D Other:,,-,=-----------------D Other: Sign Representing: _________ _ Signer is Representing: _________ _ ©2019 National Notary Association