Loading...
HomeMy WebLinkAboutCT 05-03; LINCOLN AND OAK LLC; 2011-0564527; Encroachment AgreementC] 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 DDCtt 2011-0564527 OCT26, 2011 10:35 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dmnenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES:8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-260-14 AND 15 PROJECT ID: CT 05-03 PROJECT NAME: LINCOLN & OAK MIXED USE RELATED PROJECT ID: PR 11-19 RELATED PROJECT ID:N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Lincoln and Oak, 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 the southeasterly corner of Lincoln Street and Oak Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-260-14 and 15, 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 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 storm drain pipe and concrete walkway to remain in a portion of the public street 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:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-19 Lincoln and oak Mixed Use - Rick\PR 11-19 Lincoln and Oak ENCROACHMENT AGMT, Revised 8-11-10.doc (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: If to the Owner: City Engineer Lincoln & Oak, LLC City of Carlsbad PO Box 356 1635 Faraday Avenue Solana Beach, CA 92075 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:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-19 Lincoln and oak Mixed Use - Rick\PR 11-19 Lincoln and Oak ENCROACHMENT AGMT, Revised8-11-10.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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 13^ day of MWC&s 20JJ . OWNER: Lincoln and Oak, LLC, a CITY OF CARLSBAD, a municipal CaliforniaxHrfTItecplability company corporation of the State of California By: By: (Sign Here) Russell Bennett (Print Name Here) (Sign Here) (Print Name Here) GLEN K. VAN PESKI, City Engineer PLS8801 Exp. 12/31/2012 APPROVED AS TO FORM: RONALD R. BALL City Attorney Bv:LLCity Attorney Q:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-19 Lincoln and oak Mixed Use - Rick\PR 11-19 Lincoln and Oak ENCROACHMENT AGMT, Revised8-11-10.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of CaliforniaoCounty of ^tftM- On IP /£>/ // /Date/ personally appeared ^ before me, Arthur R Arquilla, Notary Public Here Insert Name and Title of the Officer Name(s) of Signer(s) OFFICIAL SEAL ARTHUR P. ARQUILLA^ [NOTARY PUBLIC-CALIFORNlAg COMM. NO. 1872932 - SAN DIEGO COUNTY | MY COMM. EXP.JAN.7,2014 | who proved to me on the basis of satisfactory evidence to be the person(s) whose name(|fis$»re subscribed to the within instrument and acknowledged to me that 'TJe/srhe/they executed the same u<rils^ier/their authorized capacity(ies), and that bvHlj^er/ffleir signature(s) on the instrument the person(s)Tor 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 h Place Notary Seal Above Signature. OPTIONAL SignatujXof Notary Public Though the information below /s not required by law, it may prove valuable to persons reiyirnfon 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:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual ID Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT ] OF SIGNER Top of thumb here Signer Is Representing:. 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: RIGHTTHUMBPRINT 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 Q:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-19 Lincoln and oak Mixed Use - Rick\PR 11^19 Lincoln and Oak ENCROACHMENT AGMT, Revised8-11-10.doc EXHIBIT "A" PROPERTY DESCRIPTION PR 11-19 PARCEL A: APN 203-260-14 Parcel 1 of Parcel Map No. 11077, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof filed in the Office of the County Recorder of said San Diego County, March 10, 1981. PARCEL Al: The southerly 10.00 feet of Oak Avenue adjoining Parcel 1 of Parcel Map No. 11077, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, March 10, 1981 as instrument No. 81-072875 of Official Records, together with the easterly 10.00 feet of Lincoln Street adjoining said Parcel 1 and prolongating to the southerly 10.00 feet of Oak Avenue adjoining Parcel 1 of said map. Excepting therefrom that portion lying westerly of a tangent 20.00 foot radius curve between the easterly 10.00 feet of Lincoln Street and the southerly 10.00 feet of Oak Avenue, as vacated by the City of Carlsbad by document recorded February 25, 2003 as instrument no. 2003-0210328 of Official Records. PARCEL B: APN 203-260-15 Parcel 2 of Parcel Map No. 11077, in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of San Diego County, March 10, 1981. PARCEL Bl: The Southerly 10.00 Feet of Oak Avenue adjoining Parcel 2 of Parcel Map No. 11077, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, March 10, 1981 as instrument no. 81-072875, as vacated by the City of Carlsbad by document recorded February 25, 2003 as instrument no. 2003- 0210328 of Official Records. Prepared by Dan Hooper, LS 7249 Date CT 05-03 Lincoln & Oak Mixed Use EXHIBIT "B" CITY RIGHT OF WAY DESCRIPTION PR 11-19 Portions of Lincoln Street and Oak Avenue as shown on Map No. 1661 in the City of Carlsbad, County of San Diego, State of California, according to map thereof filed in the office of the county recorder of San Diego County, March 1, 1915, excepting those portions of Lincoln Street and Oak Avenue vacated by the City of Carlsbad and recorded February 25, 2003 as document no. 2003-0210328 of Official Records. Prepared by Dan Hooper, LS 7249 Date CT 05-03 Lincoln & Oak Mixed Use * EXPIRES 12-31-12 * EXHIBIT "C" PR 11-19 PREPARED BY DATE DAN HOOPER, LS 7249 GRAPHIC SCALE 0 10 20 30 40 50 DRAWING NOT TO SCALE SUBJECT PROPERTY SEE EXHIBIT "A" FOR LEGAL DESCRIPTION NOTES: 1) 0/S=OFFSET: INDICATES THE PERPENDICULAR OFFSET DISTANCE MEASURED FROM THE STREET CENTER LINE TO PIPE CENTERLINE. 2) THE LOCATIONS OF THE ENCROACHMENTS SHOWN HEREON ARE PER THE APPROVED PLANS AND MAY VARY DUE TO TYPICAL FIELD CONSTRUCTION PRACTICES. ACTUAL DEVIATIONS FROM THE APPROVED PLANS, IF ANY, IS LEFT TO THE DISCRETION OF THE CITY ENGINEER. 3) { } INDICATED RECORD DATA PER ROS 18764 ENCROACHMENT #1 PRIVATE STORM DRAIN 12" HOPE X 11.2' LONG f A=89'57'11" R=20.00' L=31.40'} ENCROACHMENT #2 PRIVATE SIDEWALK 5.0' W X 5.5' D 34'01'26" W 90.02'} in o>OOJ.OT -_^iS^-l Loo r CL OAK AVE = 1+00 CL LINCOLN ST = 1+00 LINCOLN STREET City of Carlsbad Project No: CT 05-03 APN: 203-260-14&15 ENCROACHMENT FOR LINCOLN Sc OAK MIXED USE PROJECT & Associates, Inc. o Telephone (760)753-1453 J.N. 10-004 Jul 04, 2011 - 13:58:32 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me,U g Y , Here Insert Name and Title of the Officer V-C. \/AH Name(s) of Signer(s) TERIE L. ROWLEY I Commission # 1773534 I Notary Public - California | San Diego County My Comm.Exp»BiOct18,2011 t who proved to me on the basis of satisfactory evidence to be the personj^whose name^s^'ls/a^e'subscribed to the within instrument and acknowledged to me that he/skeTtfiey-executed the same in his/berftberr'authorized capacity(j@s}", and that by his/tjefitheirsignaturej^on the instrument the person(^or the entity upon behalf of which the person^afacted, 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 officjal 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: Qi> • lo Number of Pages: J ^ I }• 3*** Signer(s) Other Than Named Above: Kjxt S<*-1 1 lO e_^vn«L T T Capacity(ies) Claimed by Signer(s) Signer's Name: _ D Individual D Corporate Officer — Title(s): _ HI Partner — D Limited u General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: 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:. 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.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827