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HomeMy WebLinkAboutCT 10-01; D S Products Inc; 2012-0285546; Encroachment Agreementi 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 DOCtt 2012-028554S I llllllllllilllllllllillllllllllllllllll IIIIII MAY 15, 2012 3:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE 0 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAIVIE RELATED PROJECT ID RELATED PROJECT ID 206-020-08 CT 10-01 Seabreeze Villas PR 11-14 RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and D.S. Products, Inc., 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 391 Tamarack Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-020-08, 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 Tamarack Avenue right-of-way and a general utility and access easement for utility purposes which easements are 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 private storm drain, private eco-stone pervious pavers and enhanced decorative pavement to remain in a portion of the right-of-way and the general utility and access 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 8 Q:\CED\LandDev\PROJECTS\CT\CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\ENCROACHMENT AGMT PR 11-14, Revised 8-11- lO.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 D.S. Products, Inc. City of Carlsbad 24 Amberleaf 1635 Faraday Avenue Irvine, CA 92614 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\CT\CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\ENCROACHMENT AGMT PR 11-14, Revised 8-11- lO.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 o<^^^^ day of ^feJ^SU. , 20// . OWNER: D.S. Products Inc., a California Corporatiqi By: (Pri*it/Name Here) (Sign Here) (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer ^/.-)/.7A^ i7jd' PLS8801 Exp. 12/31/2012 APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attohiiiy Q:\CED\LandDev\PROJECTS\CT\CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\ENCROACHMENT AGMT PR 11-14, Revised 8-11- lO.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On 9-(^^'30fl before me, 0ctU<^a7^ Tn^d^ , 71c7t(^^ T^M^Jc^ Date _ ~. Here InserJ^lne and Title of the OtfUJer Date . Mere inserj^^iJme ana iitie ortne ocper personally appeared ^ .>><1^ ^ KOX^^ /2^us^euPi^y.4fije^ /J Narne{s) ot'Sibner(s) C«iMniMlon# 1909018 Public - Californit | Ortngt County -t »CQmm. Expires Aug 8.2012 » who proved to me on the basis of satisfactory evidence to be the person(3) whose namej^ is/qi^subscribed to the within instrument and acknowledged to me that he/sj3e7th^ executed the same in his/b€fl7th^r authorized capacity(iei), and that by his/het/tberif signaturej^af on the Instrument the person(»;C or the entity upon behalf of which the personj^ 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. Place Notary Seal Above WITNESS my hand and official seal Signature. Signature of Notai 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: U2yri^eyL^CLcA/7UFn^ (^2gy'z.^--g'^»rT-^<?^-^ Document Date: ^ ' (fi ^ - r^TQ p/ Number of Pages: _^ Signer(s) Other Than Named Above: Xj- v5T f^y^C^cocTkj^^ • Capaclty(ies) Claimed by Signer(s) Signer's Name: Signer's Name: • Individual /-> o F ^ Individual a; Corporate Officer — Title(s): PF>^^UF^^^^^J^ • Corporate Officer — Title(s): • Partner — • Limited • General |.|[eihAd!llh>il;ig5iBn ^ Partner — • Limited • General • Attorney in Fact {•PBEEBIS^^ • Attorney in Fact • Trustee • Guardian or Conservator • Other: Top of thumb here Signer Is Representing:. • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatswortfi, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder; Call Toll-Free 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 10\CT 10-01 Sea Breeze Villas - Rick\B & A\ENCROACHMENT AGMT PR 11-14, Revised 8-11- lO.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On oaiiTornia Of Sfr^ ^^^"^^-^ } Date personally appeared before me, Vpg-Ve is:^^f U^jA^ /w>&U<^, Here Insert Name and Trtlefcf the Officer Name(s) of Signer(s) I TERIE L. ROWLEY Commission # 19S2691 Nottry PubNe • California San Oi«90 County 2 llyC«.»n.fapi».pct»,M15{ who proved to me on the basis of satisfactory evidence to be the person(a() whose name(^ is/aj;^ subscribed to the within instrument and acknowledged to me that he/sf^they^executed the same in his/h^th^*/authorized capacity(i^, and that by his/h^thei^ signature^ on the instrument the person(^ or the entity upon behalf of which the person(s)^died, 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. Place Notary Seal Above WITNESS my hand and official seal Signature TIAAJ^ OPTIONAL Signature of Notary Public 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: Signer(s) Other Than Named Above Number of Pages: 3 \ tAc» Capacity(les) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • Ge • Attorney in Fact • Trustee • Guardian or Qaffiservator • Other:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signerjs Representing:. Signer's Name: • Individual • Corporate Officer — Title(s) • Partner — • Limited • Gener£ • Attorney in Fact • Trustee • Guardian or Conservator • Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Isi^presenting: ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder:Call Toli-Free 1 -800-876-6827 LEGAL DESCRIPTION PR11-14 PARCEL 1: THAT PORTION OF LOT 6 IN BLOCK S OF PAUSADES NUMBER TWO, IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED' IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 25 1924 LYING SOUTHWESTERLY FROM A UNE WHICH IS PARALLEL WITH AND DISTANT 65.00 FEET NORTHEASTERLY AT RIGHT ANGLES FROM THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY UNE OF LOT 4 IN BLOCK R OF SAID PAUSADES NUMBER TWO. PARCEL 2: ALSO THAT PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN IN THE COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF, DESCRIBED AS FOLLOWS: BOUNDED ON THE NORTHEASTERN SIDE OF A UNE PARALLEL WITH AND 50 FEET SOUTHWESTERLY FROM THE CENTER UNE OF THE MAIN TRACT OF SAID RAILWAY COMPANY ONTHE SOUTHEASTERN SIDE OF THE NORTHWESTERN UNE OF RANCHO AGUA HEDIONDA- ON THE SOUTHWESTERN SIDE BY A UNE PARALLEL WITH AND 100 FEET SOUTHWESTERLY FROM THE CENTER UNE OF MAIN TRACT; AND ON THE NORTHWESTERN SIDE BY THE SOUTHEASTERN UNE OF TAMARACK AVENUE AS SAID TAMARACK AVENUE IS DEFINED BY EASEMENT FROM SAID RAILWAY COMPANY TO THE COUNTY OF SAN DIEGO DATED NOVEMBER 28. 1916 EXHIBIT •A^ SEABREEZE VILLAS 391 TAMARACK AVE., CARLSBAD, CA 92008 DATE: 07/05/11 PROJECT NO. CT10-01 EASEMENT DESCRIPTION PR11-14 GENERAL UTIUTY AND ACCESS EASEMENT EASEMENT FOR PUBUC UTIUTY AND ACCESS PURPOSES AS DEDICATED ON TRACT MAP CT10-01, MAP NO. J5^64 . IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON 2 . lOK-L TAMARACK AVENUE RIGHT-OF-WAY TAMARACK AVENUE RIGHT-OF-WAY AS DEDICATED PER PALASADES N0.2, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 1803, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON AUGUST 25, 1924, ALONG WITH THE FOLLOWING DESCRIBED PORTION OF TAMARACK AVENUE DEDICATED TO THE CITY OF CARLSBAD FOR PUBUC UTIUTIES AND INCIDENTAL PURPOSES AS RECORDED AS INSTRUMENT NO. 1991-0259280, O.R. THAT PORTION OF LOT 6 IN BOOK "S" OF PAUSADES NO. 2 ACCORDING TO MAP THEREOF NO. 1803 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 25, 1924 TOGETHER WITH THAT PORTION OF SECTION 7, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 6, SAID CORNER ALSO BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY UNE OF TAMARACK AVENUE (60 FEET WIDE); THENCE NORTH 55'27'42'' EAST (RECORD NORTH 57'27" EAST) ALONG SAID RIGHT-OF-WAY UNE A DISTANCE OF 99.18 FEET TO A POINT OF CUSP WITH A TANGENT 599.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE DEPARTIING FROM SAID SOUTHEASTERLY RIGHT-OF-WAY UNE AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09'31'2r A DISTANCE OF 99.64 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY UNE OF SAID LOT 6, A RADIAL BEARING TO SAID POINT BEARS NORTH 44'03'39" WEST; THENCE NORTH 34'33'32'' WEST (RECORD NORTH 34'33'' WEST) ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY UNE 8.26 FEET MORE OR LESS TO THE POINT OF BEGINNING. EXHIBIT •B'' SEABREEZE VILLAS 391 TAMARACK AVE., CARLSBAD, CA 92008 DATE: 07/05/11 PROJECT NO. CTlO-01 PR 11-14 APN: 206-020-08 OWNER NAME: DS PRODUCTS, INC.. A CAUFORNIA CORPORATION ( IN FEET ) 1 inch = 40 IL DMS EXHIBIT 'G" SEABREEZE VILLAS 391 TAMARACK AVE.. CARLSBAD. CA 92008 DATE: 03/29/11 PROJECT NO. CT-10-01 CONSULTANTS, INC. CIVIL ENGINEERS 12371 Le.is St. 1205 Garden Grove CA. 92840 P. 714-740-8840 F. 714-740-8842 EXHIBIT 'G" SEABREEZE VILLAS 391 TAMARACK AVE.. CARLSBAD. CA 92008 DATE: 03/29/11 PROJECT NO. CT-10-01