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HomeMy WebLinkAboutPR 09-43; Saltaire at Carlsbad Homeowners Association; 2009-0719007; 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# 2009-0719007 DEC 29, 2009 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 31.00 PAGES:8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-211-18-00 13325 PROJECT ID: PR 09-43 PROJECT NAME: SALTAIRE SOLAR LIGHT RELATED PROJECT ID: PR 09-43 RELATED PROJECT ID: RW 09-201 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Saltaire at Carlsbad Homeowners Association, a California corporation ("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 1200 Saltaire Way within the City of Carlsbad, San Diego County, California, 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 street and public utility purposes 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 solar light to remain in a portion of the public street and public 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, 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\PR FILES\PR 09\PR 09-43 Saltaire Solar light - Ontiveros\ENCROACHMENT AGMT, Revised 1-10- 08.doc (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 13326 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 Saltaire at Carlsbad Homeowners Association City of Carlsbad Suite 102 1635 Faraday Avenue 2146 Encinitas Boulevard Carlsbad CA 92008 Encinitas CA 92024 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 H:\Development Services\PROJECTS\PR FILES\PR 09\PR 09-43 Saltaire Solar light - Ontiveros\ENCROACHMENT AGMT, Revised 1-10- 08.doc 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. 13327 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 7_ Hv day of £k~ OWNER Saltaire at Carlsbad Homeowners Association, a California corporation By: By: (SignHeref (Print Name Here) (Sign Here) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: r David A. Hauser.^Deputy City Engineer RCE 33081 Exp. 06/30/2010 PLEASE SEE ATTACHED CALIFORNIA CERTIFICATE APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Services\PROJECTS\PR FILES\PR 09\PR 09-43 Saltaire Solar light - OntiverosVENCROACHMENT AGMT, Revised 1-10- 08.doc EXHIBIT "A" 1^*528 PROPERTY DESCRIPTION A Saltaire Way of Carlsbad Tract no. 95-05, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 13482, filed in the Office of the County Recorder of San Diego County on October 10, 1997. PR 09-43 Saltaire solar light EXHIBIT "B" EASEMENT 13329 A portion of Saltaire Way for Public Street and Public Utility purposes as dedicated per Carlsbad tract No. 95-05, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 13482, filed in the Office of the County Recorder of San Diego County on October 10, 1997. PR 09-43 Saltaire solar light LOCATION MAP 13330 HIDDEN VALLEY RD TOPMAST DRIVE \ > ftfAST" 31 32 RIVE 33 SALTAIRE WAY AREA OF ENCROACHMENT (SOLAR LIGHT) PROJECT NAME ENCROACHMENT FOR SALTAIRE WY SOLAR LIGHT PROJECT NUMBER PR 09-43 EXHIBIT 13331 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT1 1 111 IiiiiiI ii i1riiikxs* Slale of California •^s* ^X/l IT\ \\ i/7 fll f\County of ^ >M M 1 ; O/f ( ) On I2JCH In^l beforeUe. /TO fVl1 Date personally appeared . | J>f">lOC\, V 1 e fT^&v OFFICIAL SEAL I S /^PZy|& Ana Angelica BeRran-Gartia i t 1 tO^iixn ^OMM. NO. 1 807466 f I1 I NIPS' SAN DIEGO COUOTYt h F 1 1, P V c Place Notary Seal and/or Stamp Above rtOT/O/ <X*®fX!^,&K(tfXXXXXmx3e^^ Lid VlC'-'v \i_A_^V V 1 f i T 1 vlL'| Here Insert Name and Title_]oftfie Officer ^A C, Sv>^iv Name(s) of Signer(s) ^e-fX^fXtf^exiexy^R A-t. i/ho proved to me on the basis of satisfactory vidence to be the person^ whose namej^J is/^4 ubscribed to the within instrument and acknowledged D me that he/sho/thoy executed the same in is/rTeT/tfielr" authorized capacity(ie^, and that by is/hefrthetf signature^ on the instrument the erson$C or the entity upon behalf of which the erson(^£acted, executed the instrument. certify under PENALTY OF PERJURY under the aws of the State of California that the foregoing aragraph is true and correct. VITNESS my hand_and official seal. / / /Ls^/7 /-^>Signature: ( A-A_A-^V (FLJ&^L^ffZ^S fXSrxX 1k 1 1 11 11 - 1 1i 1i11 11 1 V*— -^ Signature of Notary Public ^~^ £)j Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . /i Title or Tvoe of Document: <^jO C f QOt C/h tO^eJO T /b% tf?€^?f&f7 6 Ducuinenl Dale. —•• Siyner(s) Olher 1 han Named Above: — " Capacity(ies) Claimed by Signer(s) Sianer's Name: D Corporate Officer — Title(s): H^gymjlyiy^^^^^^^^^^g OF SIGNERD Partner — D Limited D General Top of thumb here D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representina: Number of Paces: , Signer's Name: D Corporate Officer — Title(s): D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Sianer Is Representina: T^t'x RIGHT THUMBPRINT OF SIGNER Top of thumb here Iiifiii1 I Itjeo-J^ 1W © 2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 9131 3-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 13332 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On »c Data personally appeared before me,Hera Inaert Name and Trae of the Officer V Txuz^j Trae of the Officer I Name(a) of Slgnerfa) TERIE I. ROWLEY Commission # 1773534 i Notary Public • California f San Diego County My Comm.6fjpte»Oct 15.2011 * who proved to me on the basis of satisfactory evidence to be the person(s/whose name(s)^s/ar^ subscribed to the within x instrument and acknowledged to me that he/sheWW executed the same in his/hep^hej/authorized capacity(iejai), and that by his/hef9thej^fgnature(sXon the instrument the person(sX or 'the entity upon behalf of which the person(s) acted, executed the instrument./ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS myhand and official seal. (U^s_ O!at>-~-£jL^t Place Notary Seal Above Signature.Signature ot Notary Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: l<=^-. Number of Pages:: J* 4-+• I Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee n Guardian or Conservator D Other: Signer Is Representing: Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. Top of thumb here 02M7NatloralNotaryA380datkxi-9350DeSotoAw.,P.O.B«24 ltem*6M7 ReordwCallToU-Fne 1-8004764027