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Home My WebLink AboutCT 05-06; The Harris-Yut LLC; 2007-0650788; Encroachment Agreement2356 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 DOC# 2007-0650788 OCT 09, 2007 1 1 :04 AM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 34.00 PAGES:10 2007-0650788 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-021-01,215-021-02 PROJECT ID: CT 05-06 PROJECT NAME: Cassia Professional Offices RELATED PROJECT ID: PR 07-81 RELATED PROJECT ID: RW 06-407 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Harris-Yut, LLC a California limited liability company and Franz Family Revocable Trust (collectively, "Owners"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. The Harris-Yut, LLC, a Calfornia limited liability company is the owner of that certain real property located at 2010 Cassia Road within the City of Carlsbad, San Diego County, California Assessor's Parcel Number 215-021-01 (Lot 1 Map 15430), and the Franz Family Revocable Trust is the owner of that certain real property located at 2020 Cassia Road within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215- 021-02 (Lot 2 Map 15430), both 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 El Camino Real 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 Owners to allow soil reinforcement (subsurface geogrid layers) to remain in a portion of the easement. The soil reinforcement is part of a private keystone retaining wall just east of El Camino Real right-of-way shown on drawing 438-3A and drawing 438-3. 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 owners and its successors in interest. (B) The Owners shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-06 Cassia Professional Offices - Riddle\Bonds and AgreemenftENCROACHMENT AGREEMENT, PR 07-doc REV. 07/26/07 2357 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. (C) The Owners 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 Agreement shall be sent in writing by United States or may be given pursuant to this mail, first class, postage pre-paid,shall be registered or certified with return receipt requested, or by other comparable commercial means and addressed as follows: If to the City: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owners: Harris-Yut, LLC 2026-Cassia Road, Ste#100 Carlsbad, CA 92009 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. H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-06 Cassia Professional Offices - Riddle\Bonds and AgreemenftENCROACHMENT AGREEMENT, PR 07-.doc REV. 07/26/07 2358 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 , 20 . OWNER: (Lot 1 Map 15430) Harris-Yut, LLC, a California limited liability company By: ^ f^CT (Print Name Here) By: (Sign Here) (Print Name Here) OWNER: (Lot 2 Map 15430) Franz Family Revocable Trust (Print Name Here) By: (Sign Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer : $/'By David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By:A(2/U Deputy City Attorr\ey H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-06 Cassia Professional Offices - Riddle\Bonds and AgreemenftENCROACHMENT AGREEMENT, PR 07-.doc REV 07/26/07 2359 State of California ) ) County of San Diego ) /3.On j] (Date) personally appeared before me, (Name, Title of Officer fa- j //? i A/. 0 ' (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person^ whose name^) is/afe-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hef/thoir authorized capacityjje^, and that by his/hop/thetf signature^/ on the instrument the person(#f, or entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages HADevelopment Ser«ices\PROJECTS\CT FILES\CT 05\CT 05-06 Cassia Professional Offices - Riddle\Bonds and AgreemenftENCROACHMENT AGREEMENT, PR 07-.doc REV. 07/26/07 2360 State of California ) ) County of San Diego ) On QVLH&, *"& 7 before me, Luflj, (Date) (Name, Title of Offkfer) iuf-personally appeared of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the persons whose namem is/a/e^ subscribed to the within instrument and acknowledged to me that J>e/she/thjef" executed the same in JwsYher/thetf authorized capacity(ie$), and that by Jits/her/thaif signature^ on the instrument the person(s^, or entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal \x33m) *•••***•*.cafcirto^wwi i^^^^^o vwunvy (This area for Signature df Notary^ / official notary seal) Title or Tvoe of Document Date of Document Signer(s) other than named above No. of Pages 4 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-06 Cassia Professional Offices - Riddle\Bonds and AgreementtENCROACHMENT AGREEMENT, PR 07-.doc REV. 07/26/07 3361 State of California ) ) County of San Diego ) On September 24, 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 (This area for official notary seal) AUGUST 10, 2007 2362 J.N. 041109 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION LOTS 1 AND 2 OF CARLSBAD TRACT NO. 05-06, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15430, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2006 AS FILE NO. 2006- 0663523. 0: \Legal_Descriptions\041109\Lots_l&2 . Igl .doc AUGUST 2, 2007 J.N. 041109 PAGE 1 OF 1 EXHIBIT "B" LEGAL DESCRIPTION PORTION OF EL CAMINO REAL, A PUBLIC STREET, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICTED PER DOC. NO. 130797, FILED IN THE OFFICE RECORDER OF SAN DIEGO COUNTY ON JULY 24, 1970 OF OFFICIAL RECORDS, TOGETHER WITH A PORTION OF EL CAMINO REAL, A PUBLIC STREET, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS DEDICATED PER MAP NO. 15430 RECORDED ON SEPTEMBER 18, 2006 OF OFFICIAL RECORDS. 0:\Legal_Descriptions\041109\Lot3A.Igl.doc EXHIBIT 'C' CITY OF OCEANSIDE en. CITY OF ENCINITAS VICINITY MAP NO SCALE 27)0 Loker Avenue West Suite 100 Carlsbad. California 92010 760-931-7700 fa*: 760-931-8680 www.odoyconsultants.com Civil Engineering Planning Processing Surveying 2364 LEGAL DESCRIPTION PORTION OF LOT 3 OF C.T. 05-06, PER MAP No. 15430 EXISTING EASEMENTS [7] PUBLIC STREET & UTILITY EASEMENT REC. JULY 24, 1970 AS DOC. No. 130797 IT] SLOPE RIGHTS EASEMENT REC. JULY 24, 1970 AS DOC. No. 130797 IT] PUBLIC STREET & UTILITY EASEMENT PER MAP No. 15430 IT] PROPOSED PRIVATE MAINTENANCE EASEMENT PER DOC. No. U] PUBLIC STORM DRAIN EASEMENT PER MAP No. 15430 LEGEND EXIST. RIGHT-OF-WAY EXISTING EASEMENT SOIL NAILS CITY OF CARLSBAD EXHIBIT 'C' DATE: JULY 30, 2007 SHEET 1 OF 2 SHEETS REQUESTED BY: FRANZ-YUTEL CAMINO REAL, LLC 2710 LOKER AVENUE WEST f 100CARLSBAD, CA 92010 PHONE: (760) 931-7700 TIMOTHY0. CARROLL, JR. LS. 7700, EXP. 12/31/08 C.T. 05-06 A.P.N. 215-020-26 ) \0+1t09\0409APOI.dwq Aua 06, 2007 3:!9pmXrcls: 0409MAP; 0409CRD; 0409UTL; 0409STR, 04097UTL; \Q EXHIBIT 'C'2365 0' 30' •«• SCALE: 1" = 30 ^~EXIST. 20"REC. WATER Rw ^KEYSTONE RETAINING WALL Lor 3 MAP No. 15430 2710 (.oker Avenue Wast Suite 100Corlsbod, Californio 92010 760-931-7700 Fax: 760-931-8680www.odoycoruultants.com Civil PlanningProcessing Surveying CITY OF CARLSBAD EXHIBIT C DATE: JULY 30, 2007 SHEET 2 OF 2 SHEETS REQUESTED BY:FRANZ-YUT EL CAMINOREAL, LLC2710 LOKER AVENUE WEST /100 CARLSBAD. CA 92010 PHONE: faO) 931-7700 TIMOTHY 0. CARROLL, JR. L.S. 7700, EXP. 12/31/08 C.T. 05-06 A.P.N 215-020-26 t:\04I109\0409AP01.dwq AuQ 06, 2007 3:22pmXrets: 0409MAP; 0409GRO; 0409UTL, 0409SW; 04097UTL; 04097STR