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Home My WebLink AboutPIP 05-08; Lionshead Investment LLC; 2007-0469161; Encroachment AgreementF2 DOC# 2007-0469161 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 JUL12, 2007 4:59 PM OFFICIAL RECORDS SAN DIE&O COUNTY RECORDER'S OFFICE Q F! E G 0 RY J .SMITH CO U N TY R E CO R D E R FEES: 40.00 RAGES: 12 13432 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: APN 221-880-09 PIP 05-08 Lionshead Investments / Raceway Lot 21 PR 06-45 RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Lionshead Investments, 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 3188 Lionshead Ave., within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 221-880-09, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for Public Waterline 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 Enhanced pavement, curb gutter, landscape, planters & sidewalk, trash enclosures, storm drain, electrical conduits, private sewer services and appurtenances to remain in a portion of the water 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 hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. H:\Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-08 Opus Point Lot 21 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-45.doc REV. 011/18/2005 13433 (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: If to the Owner: City Engineer Mr. Don Eklund City of Carlsbad Lionshead Investments 1635 Faraday Avenue 3874 Catamarca Dr. Carlsbad CA 92008 San Diego, CA 92124 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. 2 HADevelopment Services\PROJECTS\PIP FILES\PIP 05\PIP 05-08 Opus Point Lot 21 - Wickham\Deeds-EasemenfiENCROACHMENT AGREEMENT PR 06-45.doc REV. 011/18/2005 13434 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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this day of £e&&oA*.y , 2007 . OWNER Lionshead Investments, LLC A California Limited Liability Comf By: By: RONALD R. BALL City Attorney By: Deputy Citi Attorney CITY OF CARLSBAD By: GLENN PRUIM, P.E. Public Works Director p/jv/o H:\Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-08 Opus Point Lot 21 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-45.doc REV. 011/18/2005 cVv o State of California ) ) County of San Diego ) A » On Sebfc/XXT? before me, CjfjrQH- (Date) (Name, Title of Officer) 13435 tJc)b J ' personally appeared v . c. K-QOM (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence.) to be the personJXl whose nameitois/^. subscribed to the within instrument and acknowledged to me that he7|H!e/th0& executed the same in his/her/their authorized capacity£«il, and that by his/J)4(ytJ?&ij: signature^ on the instrument the person^ or entity upon behalf of which the personteQ^acted, executed the instrument. WITNESS my hand and official seal i\California—, . _.,.,,. - woiirorma • San Dtogo County 5 ^Comm.B<3»B«Nc»23 3mn (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above HADevelopment Services\PROJECTS\PIP FILES\PIP 05\PIP 05-08 Opus Point Lot 21 - WickhamUDeeds-EasementtENCROACHMENT AGREEMENT PR 06-45.doc REV. 011/18/2005 o 13436 State of California County of San Diego On M-U'Q-i (Date) personally appeared. before me, Sasv\a. (Name, Title of Officer) (Name[s] of Signer[s]) personally known tome^ OR- (or 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document E^r.vTo/xttVxjv Date of Document 01. - \ T> - 01 Siqner(s) other than named above i L^, f\ jt _ - - . A ** Nb. of Paaes ?> H:\Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-08 Opus Point Lot 21 - Wicknam\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-45.doc REV. 011/18/2005 GOVERNMENT CODE 27361.7 13437 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Commission Number: ) bTl^ Hf? _ Date Commission Expires:. \=*> County Where Bond is Filed:. Manufacturer or Vendor Number:_ (Located on both sides of the notary seal border) Signature: Firm Name (if applicable) Place of Execution: V ooAj»\g>Date: Rec. Form #R10 (Rev. 7/96) State of-eallfornla- ) ) County of 3an Diegu ) 3.1 Zoic?On (Date) personally appeared before me, 13438 L f I (Name, Title of Officer) S. (Name[s] of Signer[s]) _,. D personally known to me -OR - D (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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary OFFICIAL SEAL JOSEPH LFRATTARINOTARY PUBLIC - State of Arizona MARICOPA COUNTY My Comm. Expires May 20,2007 (This area for official notary seal) Title or Type of Document 6 a c h c.e * v\ e Date of Document fe\O &}lQ67 No. of Pages Signer(s) other than named above H:\Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-08 Opus Point Lot 21 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-45.doc REV. 011/18/2005 State of California County of San Diego )13439 On Of/a5/Zoc~7 before me, MnncQ (DatT personally appeared M\bt£> , Ho (Name, Tffle of Officer) (Name[s] of Signer[s]) personally known to me -OR - n (proved to me on the basis of satisfactory evidence) to be the personps) whose namej(£) is/ani-subscribed to the within instrument and acknowledged to me that he/oho/thoy executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature^ on the instrument the person^, or entity upon behalf of which the personj^rf acted, executed the instrument. WITNESS my hand and official seal MAMA I COMM. 01619149 3 Notary Puttie - C»Wom»» \ San Diego Cowto My Comm. Expires No». 5.2009 SignatureioTNotary (This area for official notary seal) Title or Type of Document «£ 'nr LaC h V*\SV\T A Date of Document 0^-7/3 Signer(s) other than named o/Yfcrtrfir?7 yc? 7 NO. above of Pages V ^ H:\Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-08 Opus Point Lot 21 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-45.doc REV. 011/18/2005 o 13440 State of California ) ) County of San Diego ) On June 13, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared David Hauser personally known me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary BELINDA R. GUZMAN Commtoton* 1565777 Notary PubHc - CaWomta San Diego County My Comm. Expire* Mar 31.2009 (This area for official notary seal) EXHIBIT "A" ENCROACHMENT AGREEMENT PR 06-45 13441 LOT 21 OF MAP NO. 15013, 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 3, 2005 AS FILE NO. 2005- 0371022 OF OFFICIAL RECORDS. Page 1 of 1 O:\Legal_pescriptions\051130\LOT 21 ENC 'A'.lgl.doc EXHIBIT "B" ENCROACHMENT AGREEMENT PR 06-45 13442 A PORTION OF LOT 21 OF MAP NO. 15013, 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 3, 2005 AS FILE NO. 2005-0371022 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY CORNER OF SAID LOT 21 SAID POINT ALSO BEING ON THE NORTHERLY RIGHT OF WAY OF LIONSHEAD AVENUE, THENCE ALONG THE WESTERLY LINE OF SAID LOT 21 NORTH 16°00'13" EAST A DISTANCE OF 291.73 FEET; THENCE LEAVING SAID WESTERLY LINE SOUTH 73°59'47" EAST A DISTANCE OF 96.14 FEET; THENCE SOUTH 16°00'13" WEST A DISTANCE OF 29.02 FEET; THENCE NORTH 73°59'47" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 16°00'13" EAST A DISTANCE OF 9.02 FEET; THENCE NORTH 73°59'47" WEST A DISTANCE OF 50.63 FEET; THENCE SOUTH 16°00'13" WEST A DISTANCE OF 9.72 FEET; THENCE NORTH 73°59'47" WEST A DISTANCE OF 5.51 FEET; THENCE SOUTH 16°00'13" WEST A DISTANCE OF 212.33 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 47.08 FEET TO THE SOUTHERLY LINE OF SAID LOT 21 AND NORTHERLY LINE OF SAID RIGHT OF WAY; THENCE ALONG SAID SOUTHERLY LINE AND NORTHERLY RIGHT OF WAY NORTH 80°31'53" WEST A DISTANCE OF 25.52 FEET TO THE POINT OF BEGINNING. CONTAINING 0.18 ACRES MORE OR LESS. Page 1 of 1 O:\Legal_Descriptions\051130\LOT 21 ENC 'B'.lgl.doc 13443 o o xu 1?l §Ibj3 =3 M « || !*!*8*|5 |tJ fiij *§ *§ ||^ flfiPi^iip i:i?j|as as IS •au timuntuo-i Xonn