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Home My WebLink AboutCDP 97-49; CB Ranch Enterprises; 1999-0645231; Encroachment Agreementcc.. ._ . - + . RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 ‘7327 DOc 7 1999-0645231 SEP 21. 1999 3-56 Pi”3 rnICI# acams fllVlDIEHJCOUlPlEtS?ER’SOFFIE GE6w ikEEm9 Y!k- &$ THIS LINE FOR RECORDER’S USE ,i:,itll.,i,,~t!il~lll:: : ,,, ENCROI$HMENT AGREEMENT ::ii;,$ ,::i ;I;j j!~jill’; :iiii!l:(’ ,.: :I;, ,/I, ,, “,,, “3 _I,l:illj!!lj!‘!,,;i,i,, ;_i,~,:;iil~i;i(l!:,iI(: ,. ,,,.,, ,, ; hENT (,‘,+ ‘,, This AG~E~~g~~’ ..yj&eement”) is ‘:knt&@81: tiinto betwee” the CITY OF across Owner’ er, under, and t is described in nd grants its permission main in a portion of the croachment 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. REV. ,2mi9, 4i wo 7328 - (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. Entire Aareement. s the entire agreement between s and replaces all other of any default must same or any other p ult concerning the and inure to the 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. Ill Ill Ill Ill Ill Ill MASTERYFORMSlENCROACHMENTPiOREEMENl 2 REV. 12mm ,’ . . P . 7329 - 8. Each party represents that the person(s) executing this Agreement on Capacity. behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this day of+ 3 ,19x. OWNER CITY OF CARLSBAD CB Ranch Enterprises, 3 MASTERS/FORMS/ENCROACHMENTAGREEMENT REV 17.124197 7330 - EXHIBIT “A” PR 99-27 LEGAL DESCRIPTION OF OVERALL PROPERTY LOT “l”, CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL4 ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 11, 1996. - 7331 ,* EXHIBIT ‘,:!+I” PR 99-21 LEGAL DESCRIPTION OF PUBLIC STREET AND UTILITY EASEMENT A PORTION OF LOT “l”, CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH UNIT I, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGD COUNTY, SEPTEMBER 11,1996, OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT “l”, THENCE NORTHERLY ALONG THE WESTERLY LINE OF SAID LOT “I”, NORTH 02”08’40” EAST 40.99 FEET; THENCE LEAVING SAID WESTERLY LINE, SOUTH 87’5 1’20” EAST 11 .OO FEET TO A NON-TANGENT POINT ON THE EASTERLY LINE OF THAT EASEMENT TO THE CITY OF CARLSBAD FOR STREET AND PUBLIC UTILITY PURPOSES RECORDED FEBRUARY 11, 1992 AS FILE NO. 1992-0076195 OF OFFICIAL RECORDS, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAlD POINT ALSO BEING THE BEGINNING OF A 25.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 87”5 1’10” WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89”58’37” A DISTANCE OF 39.26 FEET; THENCE TANGENT TO SAID CURVE EASTERLY SOUTH 87”49’47” EAST 350.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 210.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14’13’43” A DISTANCE OF 52.15 FEET, THENCE TANGENT TO SAID CURVE SOUTH 73”36’04” EAST 6.40 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 190.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°11’OO” A DISTANCE OF 53.67 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 2 178.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 00’12’56” WEST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02O22‘05” A DISTANCE OF 90.02 FEET; THENCE TANGENT TO SAID CURVE NORTH 87”50’5 1” EAST 111.59 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2322.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04O18’23” A DISTANCE OF 174.52 FEET; THENCE TANGENT TO SAID CURVE SOUTH 87’50’46” EAST 259.92 FEET; THENCE SOUTH 89”08’59” EAST 122.52 FEET; THENCE SOUTH 87’50’46” EAST 235.19 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 310.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11’22’35” A DISTANCE OF 6 1.55 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 290.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 13O3 1’49” EAST, THENCE EASTERLY ALONG SAID CURVE THROUGH A 7332 CENTRAL ANGLE OF 1 l”25’16” A DISTANCE OF 57.8 1 FEET TO A NON-TANGENT POINT ON THE NORTHERLY LINE OF THAT EASEMENT TO THE CITY OF CARLSBAD FOR ROAD AND UTILITY PURPOSES RECORDED SEPTEMBER 15,1988 AS FILE NO. 881163310 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG SAID NORTHERLY LINE OF SAID EASEMENT NORTH 87”51’07” WEST 735.87 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 2313.00 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04”20’02” A DISTANCE OF 174.96 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE AND TANGENT TO SAID CURVE SOUTH 87’48’5 1” WEST 84.97 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 1 OF SAID MAP 13357; THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF SAID LOT 1, NORTH 87’49’47” WEST 277.40 FEET TO ANON- TANGENT POINT ON THE NORTHERLY LINE OF SAID EASEMENT TO THE CITY OF CARLSBAD FOR STREET AND PUBLIC UTILITY PURPOSES RECORDED FEBRUARY 11, 1992 AS FILE NO. 1992-0076195 OF OFFICIAL RECORDS, SAID POINT BEING THE BEGINNING OF A 313.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 1 l”20’24” EAST; THENCE LEAVING SAID SOUTHERLY LINE OF SAID LOT “I”, WESTERLY ALONG SAID NORTHERLY LINE OF SAID EASEMENT AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09”10’11” A DISTANCE OF 50.09 FEET; THENCE TANGENT TO SAID CURVE WESTERLY ALONG SAID NORTHERLY LINE NORTH 87’49’47” WEST 250.00 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, THENCE NORTHWESTERLY ALONG SAID NORTHERLY LINE AND ALONG SAID CURVE THROUGH A CENTRAL ANGLE 89’58’37” A DISTANCE OF 39.26 FEET; THENCE TANGENT TO SAID CURVE AND ALONG SAID EASTERLY LINE OF SAID EASEMENT NORTH 02”08’50” EAST 12.00 FEET TO THE TRUE POlNT OF BEGINNING. AREA = 15839.14 SQ. FT 0.364 ACRES MORE OR LESS REGISTRATION EXPIRES 09-30-02 rYH/B/T T, i OF 5 SHEETS --- &Is/S OF RE’htfN6? TH& BASIS OF BRARING FOR THS PUT fS TXE REST6RlY UNE OF LOT ONE Y.. !i%+x&Y E .Li’CAl D.8SCRlPZlOM A PORTION OF LOT I OF MAP /I9357 =PROPO%D NEW EA5EMCNT FOR ROAD AND UTILITIES PURP05E5 INDICATE5 EXISTING PROPERTY LINE GRAPHIC SCALE 200 0 200 400 600 SCALE 1” = 200 FEET -uims---- -- WO, 4904726 H 1706El.DWG DASE 0,20/99 __ ---- -_ ENCROACHMENT PLAI IPPLICANT: PREPARED BY: ;s RApJCY CkITCc.lYlOIPC i600 AVE ) SHEET 1 of 5 SHEETS A.P.N~ 211-022-21 !-r{ ;/A; DAVIS FLOWER FIELD: 1 ------in PROJECT NO. CDP 97- 49 WG.NO. PR 99.27 - SHEET 5 SHEE7’ 4 SHEET 3 SHEET 2 - - ENCROACi%UENT PLATE -z- GRAPHIC SCALE 40 0 40 SCALE 1" = 40 FEET EXbTlNG EA5EMENT TO CITY OF CARLSBAD FOR STREET AND PER F/N 1992-0076195 REC Z-II-95 EXISTING 5.D.G.E EASEMENT PER F/N 07-6753367 REC 12-08-07 \ / rORmbTILIN 'E!? F/N 32D457 AND SHEET 2 OF 5 SHEETS ---- INDICATE5 EXl5llNG PROPERTY LINE HSTING EASEllENT 10 CITY OF CARL50AD hv PBOX DECORAJIK VlXXPf FENU & Ib?/'G4TIDN E?VCROACiYM--NT PLA' I EXISTING, tA5EMENT TO CITY OF CARLSBAD FOR ROAD AND UTILITY PER F/N m-463310 REC 9-15-B GRAPHIC SCALE 4- SCALE 1" = 40 FEET 12' 5.D.C.E tA5Ef PER OOC al997- REC 5-22-97 -c =PROPOSEO NEW fA5EMENT FOR ROAD AND UTILITIE5 PURPOSE5 INOICATES EXl5TING PROPERTY LINE t-A SHEET 3 OF 5 SHEETS 51.63 VARIES .f LTPBX PBOX 3 > > > B&5 71.00 4' DECOe4TIVE lAh'O5CAFT FENCE & I&?lG4TION I SHEET 4 OF 5 SHEET5 E'CROACXWEM" -Z-- GRAPHIC SCALE SCALE 1” = 40 FEET I ---- 1-b Tsr LT PBOX I I 11Jk5T LT PBOX f t-t--- EXlSTlNG CURB ’ i 3'j f ' $Jp" p EXISTING fA5EMENT TO CITY OF CAQL56AD FOR ROAD AN0 UTIUTY PUR Pf% F/N 88-463310 REC 9-15-88 =PROPOSEO NEW EA5EMtNT FOR ROAO AND UTILITIt5 PUtPOSt INDICATES EXISTING, PROPERTY LINE 12' 5.O.C.t EA5EMENT PER DOC r1997-0237170 REC 5-22-97 '+-tSTLT PBOX I 7337 _ SHEET 5 OF 5 SHEETS . . 50 I '------- _-__-__ 1 141 II. , ENCROACHMENT PLA i 1 EXl5TING EA5EMENT TO CITY OF Ck7L5BAD FOR ROAD AN0 UTIUTY PURPO5f PER F/N BB-463310 REC 9-15-B GRAPHIC SCALE 40 0 40 SCALE 1” = 40 FEET kg =PROPOSED NEW EA5EMENT FOR ROAD AND UTIUTIES PURPOSES ---- INDICATES EXl5TING PROPERTY LINE 12' 5.&E EA5EMENl PER OOC x1997-023 REC 5-22-97 t efec VAULT I I' I m ..‘, . State of California County of San Diego I 733-8 0” AugUst 3, 1999beforeme, Joyce Mizock, Notary Public (Date) (Name, Title of Officer) personally appeared Christopher C. Calkins, President ////////////I// (Name[$] of Signer[# is/@‘@ subscribed to the within instrument and acknowledged to me that he/$$$m$j executed the same in his/h.&&%tilauthorized capacitdi%)/ and that by hislbl&%d signature&) on the instrument the person($), or entity upon behalf of which the person($) acted, executed the instrument WITNESS my hand and official seal . 1 Signature df Notary 0 (This area for official notary seal) Title or Type of Document Encroachment Agreement Date of Document No. of Pages 3 (three) Signer(s) other than named above L1 oyd B. Hubbs ; Ronald R: Ball