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HomeMy WebLinkAboutRP 10-02; ALLAHYARI, AHMAD AND MITRA; 2011-0146542; Encroachment Agreement2011-0146542 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 10152 MAR 18, 2011 3:59 PM SAN DIEGO COUNTY RECORDER'S OFFICE trnesU. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES:8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-320-31-00 PROJECT ID: RP 10-02 PROJECT NAME: CARLSBAD VILLAGE DRIVE 7-ELEVEN RELATED PROJECT ID: PR 11-02 RELATED PROJECT ID: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Ahmad Allahyari and Mitra Allahyari, trustees of the Allahyari Family Trust dated July 17, 2002 ("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 1089 Carlsbad Village Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-320-31-00, 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 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 and 8" PVC storm drain pipe 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, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of Q:\FDEng\Development Services\PROJECTS\RP FILES\RP 1 CARP 10-02 7-11 Conversion and Expansion - Wickham\B & AVENCROACHMENTAGMT, Revised 8-11-10 RP 10-02.docx (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 J. 0 j[ 5 3 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 Allahyari Family Trust City of Carlsbad 19Tierra Vista 1635 Faraday Avenue Laguna Hills CA 92653 Carlsbad CA 92008 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 Q:\FDEng\Development Services\PROJECTS\RP FILESVRP 10\RP 10-02 7-11 Conversion and Expansion - Wickham\B & A\ENCROACHMENTAGMT, Revised 8-11-10 RP 10-02.docx 10154 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 ^/3 , 20 // . OWNER Ahmad Allahyari and Mitra Allahyari, trustees of the Allahyari Family Trust dated July 17, 2002 (SigrfHe're) / Ahmad Allahyari, Owner (Print Name Here) By: (Sign Here) Mitra Allahyari, Owner (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer Pls8801 Exp. 12/31/2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City AttcYney Q:\FDEng\Development Services\PROJECTS\RP FILES\RP 10\RP 10-02 7-11 Conversion and Expansion - Wickham\B & AVENCROACHMENTAGMT, Revised 8-11-10 RP 10-02.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On£l^\ \\ * Ds 10155 before me,r. personally appeared ft\\A.Vxj A / An Here Insert Name and Tide of VYV-TY-^ Name(s) of Signer(s) LINDA MADDOXf Commission No. 1753671 ' NOTARY PUBLIC-CALIFORNIA i ORANGECOUNTY 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. I certify under PENALTY 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 Above Signature OPTIONAL - 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: yy Document Date: ^ .c^VY\t/l\jr (\ Number of Pages: Signer(s) Other Than Named Above: Capacities) Claimed by Signer(s) / =r —Title(s): Signer's Name: D Individual D Corporate D Partner—JZTLimited D General D Attornev/m Fact D Trust D Guatrdian or Conservator D 0fher: /Signer Is Representing: Signer's Name:. D Individual D Corporate Officer -yfitle(s):. D Partner — D Limitea D General D Attorney in Fact D Trustee D Guardian orjConservator D Other: _ Signer (^Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here 9350 De Soto AVB., P.O. Box 2402 • Chatsworth,ffl 2007 National Notary SI 31 3-2402 • www.NattonalNotary.org Item #5907 Reorder: Call ToU-Fipe 1 -800-876-6827 Q:\FDEng\Development Services\PROJECTS\RP FlLES\RP 10\RP 10-02 7-11 Conversion and Expansion - Wickham\B & A\ENCROACHMENT AGMT, Revised 8-11-10 RP 10-02.docx CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 10156 State of California County of Q>< On V^\>yyc>-v M cXoi > before me, Date /- . personally appeared 0-KLjByQ L_. Qi^Lc U Here Insert Name and Tills of'the Officer Name(s) of Signer(s) TERIE L. ROWLEY Commission # 1773S34 Notary Public • California | San Ol«go County MvCpmm.Exr*s«Octl5.2011 who proved to me on the basis of satisfactory evidence to be the person(sf whose name(s/ is/are^subscribed to the within instrument and acknowledged to me that he/she/fheyXxecuted the same in his/h^r/the^r" authorized capacity(ie^f, and that by his/tyf/the*fvsignature(#f on the instrument the person(s^, or "the entity upon behalf of which the person(syaoied, 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 my hand and official seal. Place Notary Seal Above Signature OPTIONAL 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: _• -3 Signer(s) Other Than Named Above: Number of Pages: V\A\ . 5" 4 Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual Corporate Officer — Title(s): D Partner — n Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ Signer Is Representing: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact n Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave.. P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 EXHIBIT'A' 1089 CARLSBAD VILLAGE DRIVE (7-ELEVEN PROJECT) LEGAL DESCRIPTION THE LAND REFERRED TO.HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: ., • THAT PORTION OF BLOCK 74 TOGETHER WITH PORTIONS OF SEVENTH STREET AND THE . ALLEYS ADJOINING AND LYING WITHIN SAID BLOCK IN THE TOWN OF CARLSBAD. IN •: THE CITY OF CARLSBAD, 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, THE ABOVE-DESCRIBED PORTIONS BEING ALSO A PORTION OF TRACT 115 OF THE TOWN OF CARLSBAD, ACCORDING TO THE AMENDED MAP THEREOF NO. 775, FILED IN THE OFFICE OF COUNTY RECORDER OF SAN DIEGO COUNTY,'DESCRJBED AS FOLLOWS: COMMENCING AT A POINT ON THE CENTER LINE OF OAK AVENUE, DISTANT THEREON NORTH 55-"2P20" EAST 664.26 FEET FROM A 1-INCH IRON PIN SET FOR THE INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF HARDING STREET - FORMERLY 5™ STREET- AS SHOWN ON SAID MAP NO. 775; THENCE NORTH 29* 12*10" WEST J39.89 FEET; THENCE NORTH 26' 16t04" WEST 228.47 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG A TANGENT CURVE TO THE LEFT WITH. A RADIUS OF 65 FEET THROUGH AN ANGLE OF 99*22!3«J'A DISTANCE QF 112.74 FEET TO THE SOUTHEASTERLY LINE OF SAID. ELM AVENUE; THENCE' ALONG THE SOUTHEASTERLY. LINE" OF SAID ELM AVENUE, • SOUTH S5'2l*20" WEST 100 FEET; THENCE SOUTH 34*38'40" EAST 125 FEET; THENCE NORTH 55"21'20W EAST 155.97 FEET TO A POINT IN THE BOUNDARY LINE OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED APRIL 4,1952 IN BOOK 4425, PAGE 246 OF OFFICIAL RECORDS; THENCE ALONG SAID BOUNDARY LINE, NORTH 25'16' 04" WEST 50.08 FEET TO THBTRUE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTER UNES OF FIFTH STREET, NOW KNOWN AS HARDING STREET AND ELM STREET. 80 FEET WIDE. AS SATO STREETS ARE SHOWN ON SAID MAPS NO. 535 AND NO. 775; THENCE ALONG THE CENTER LINE OF SATO ELM STREET NORTH 55'58'03" EAST 617.13 FEET; THENCE PERPENDICULAR TO LAST SAID CENTER LINE SOUTH 34'01'5r EAST 40.00 FEET TO THE SOUTHEASTERLY LWB OF SAID ELM STREET AND THE TRUE POINT OF BEGINNING; THENCE ALONG THE FOLLOWING NUMBERED COURSES: -1- SOUTH 67'12'SO" EAST 70.64 FEET; -2. SOUTH 62.1T2J EAST 72.87 FEET; -3- SOUTHEASTERLY FROM A RADIAL BBJRjra NORTH47 04 42 EAST ALONG A NON-TANGENT CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 479.00 FEET THROUGH A CENTRAL ANGLE OF 07°50'5P A DISTANCE OF 65*1 FEETTOlA POINT ON THE SOUTHWESTERLY LINE OF THAT PARCEL OF LAND CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED APRIL 4,1952, AS INSTRUMENT NO. 41751, W BOOK 4425, PAGE 246 OF SAID OFFICIAL RECORDS, DISTANT ALONG SAID SOUTHWESTERLY LINENORTH 24'40' 13" WEST- RECORD NORTH 25' 16 W WEST-113.73 FEET FROM THE NORTHWESTERLY TERMINUS OF THAT COURSE DESCRIBED AS "NORTH 29° 12'10" WEST 139.89 FEET' IN SAID DEED TO THE STATE OF CALIFORNIA. PR 11 02sriptlon: San Diego,CA Document-year.DocID 2003.161104 Page: 2 of 2 .- - - ar: 01 Comment: EXHIBIT 'B' 1089 CARLSBAD VILLAGE DRIVE (7-ELEVEN PROJECT) THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PORTION OF CARLSBAD VILLAGE DRIVE LYING WEST OF INTERSTATE 5 AND ADJACENT TO APN 203-320-31-00 (CARLSBAD GAS AND PROPANE). PR 11-02 EXISTING CURB INLET PROPOSED 8" PVC STORM DRAIN PIPE (ENCROACHMENT) >^-OIL/WATER SEPARATOR DETAIL'A' SCALE: r=10'-0" SEE DETAIL- "A" 1 =10'-0 0' 5' 10' EXISTING CURB INLET PROPOSED 8" PVC STORM DRAIN PIPE (ENCROACHMENT) PROJECT PROPERTY (SEE EXHIBIT A) 20' EXHIBIT "C SCALE: 1"=30'-0" 1"=30"-0" 0 15' 30'60'