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HomeMy WebLinkAboutPD 2023-0017; 5118 Shore Drive LLC; 2023-0168971; 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# 2023-0168971 1111111111111111111111 1111111111111111111111111 IIIII IIIII IIIII 11111111 Jun 28, 2023 11 :59 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES. $0.00 (SB2 Atkins $0.00) PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-032-02-00 PROJECT ID: PD2023-0017 PROJECT NAME: 5118 SHORE DR RET WALL RELATED PROJECT ID: EAGREE2023-0022 RELATED PROJECT ID: CBR2023-2449 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and 5118 Shore Drive 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 5118 Shore Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-032-02-00, 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 Street and Drainage Easement 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 Retaining Walls 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 Q:\CED\LandDev\PROJECTSIPDIPD 2023\PD2023-0017 5118 Shore Dr Encroachment· Glassen\ENCROACHMENT 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: 5118 Shore Drive LLC, a California Limited Liability Company 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\PROJECTS\PD\PD 2023\PD2023-0017 5118 Shore Dr Encroachment -Glassen\ENCROACHMENT AGMT.doc 9/5/2014 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this J 6 day of :Jll/\e., , 20~. OWNER, 5118 Shore Drive, a California Limited Liability Company By ~~ ~(s(gn~ SOR.DAN ~ITAfN (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: JO n Lr--.. >RO~ Senior Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. ELD RT, Enginee · M Q:\CED\LandDev\PROJECTS\PDIPD 2023\PD2023-0017 5118 Shore Dr Encroachment -Glassen\ENCROACHMENT AGMT.doc 9/5/2014 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 22 of Terramar Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2696, filed in the Office of the County Recorder of San Diego County, September 6, 1950. APN: 210-032-02-00 EXHIBIT B DESCRIPTION OF EASEMENT A public street and drainage easement according to Mapthereof No. 2696, filed in the Office of the County Recorder of San Diego County, September 6, 1950. EXHIBIT C A.P.N 210-032-02-00 5118 Shore Drive ® ,__ . -1-.. -.. -.. -.. -.. ,00 -w z :::J ~ w a. 0 a: a. I r--------------------7 I I ~ It- en w z ::::; I ~ a: w a. 0 a: a. --, I I I I I r_J I I I © : I I I L_ L ______ l 80' I I I L _________ _ PROJECT NUMBER: CBR2023-2449 N.T.S. I 'en w z I H~N I :::J ~ ~ I a: I w a. 1 0 a: ~; I 7' I 3' ... - ~ I ,u I ~ ~ ~ i I I ~ i ~ I ~ ~~ I I cl -I t--: \ I I >, J . ;· I /I ~ f •o-:9'' I/ 0 i UJ ~ I :r .. I d) ··-··-··-··-··-··-· , ........ I ,r1 I fi: ~ "0'0>---+ I/ /· I I I 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 Californiar, Cf'\ • County of ~O( h >"" v £ff0 On J.u:11.£ 15, .io,&3 before me. LtJnC, i'.::uc.om•>A /Vo;Q~ P~.Juc Date J Here Insert Name and fme of the O cer personally appeared D fl o{ °' /l }(, C: r A:E II Nam¢ of SigneJitrf --------------------------------------=--' who proved to me on the basis of satisfactory evidence to be t~perso~ whose nam~re er/their authorized capaci~, and that b his er/their signatur on the instrument the perso~ s scribed to the within instrument and ackn~ged to me tha h he/they executed the same in e entity upon behalf of which the perso~ ted, executed the instrument. INIA SACCO■AN COMM. #2412862 z Nota,y Public • California ~ San Diego County - Comm. . es A . 13, 2026 Place Notary Sea/ 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 _____ ~----------- 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 A 3 P .e.l t>t .e, hf" ~, .r / 3 Title or Type of Docu~nt: EA(, 11.oa.°'111t.l1,:t· Document Date: 6 j.;; L :loJ Number of Pages: __.:;b __ Signer(s) Other Than Named Above: ~()p 1 Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ q Partner -D Limited D General ~ Individual D Attorney in Fact D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D 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 800800 0000 o oo e:o o 001 ll80081lr60:0088111» uJ:oi 1:1n1a1m:o:1B:11rn m fl:o:B mil O:fl 1rnufl:1 1:mrn s:£111:0:0 c j a m1c J j j j 13 s 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 alb P~ 0 on jLLtU ~ I 9'0~3 } Date personally appeared ---------'"'-='--l->"'-"--=....,,'-----=-----"'~..£.ll'-"-"'=-.:..._=-------------- 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. ········~ AMBER MOLIFUA Notary Public · Cahfornia z San Di~o County ~ Commission # 2306534 - y Comm. Expires Sep 24, 2023 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 paragraph is true and correct. WITNESS my hand and official seal. s;gnatuce ~ ~~~ Signature of Notary Pblic 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: □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General o Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ o:00:1l1210 oo o:e 0 o:o:o:o 0:o:ffl808:000@iJ o 1@:0:000:000:0 o oc @:i:Joo:om BOooua:1 co:11 o 11110 ooooeoeoo~1 o:c 11110800IJ88 ©2018 National Notary Association