HomeMy WebLinkAboutCT 97-20; Brehm-Aviara Group LLP; 2001-0544267; Encroachment AgreementSk a. , .> ( ! ,I
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RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 215-042-01,02-00
PROJECT NO. & NAME: CT 97-20
Cristalla - PA 23
PR 00-I 16
RIGHT-OF-WAY PERMIT NO.: RW
’ 6750 DOE # 2001-0544267
ClUG 02s 2001 l.:19 PM
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between
the CITY OF CARLSBAD (“City”) and Brehm-Aviara Group, LLP, (“Owner”), in accordance with
Chapter 11 .I6 of the Carlsbad Municipal Code.
1. The Propertv. Owner is the owner of that certain real property located at Aviara
Parkway and Blackrail Road, within the City of Carlsbad, San Diego County, California,
Assessor’s Parcel Number 215042-01,02-00, and more particularly in Exhibit “A”, attached
hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing easement over, under, and
across Owner’s property for a general utility easement which easement is attached as 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 retaining wall to remain in a portion of the general utility easement. A plat
showing the location of the encroachment is attached as Exhibit “B” 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.
(C) The Owner must remove or relocate any part of the encroachment within
I
MASTERSIFORMSIENCROACHMENTAGREEMENT REV. 12/24/97
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 Aqreement. 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.
I 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 Brehm-Aviara Group, LLP
City of Carlsbad Ste 200
1635 Faraday Avenue 1935 Camino Vida Roble
Carlsbad CA 92008 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 Assians. 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.
Ill
I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
8. Each party represents that the person(s) executing this Agreement on Capacitv. 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
XL day of w ,200f .
OWNER CITY OF CARLSBAD Brehm-Aviara Group, LLP,
A California Limited Liability Company
By: The Brehm Companies, LLC
By:
Horace Hogan II
(print name here)
By: -H&&Z+
,QX LLOYD i%. HUBB$ P.E.
City Engineer
President, The Brehm Companies, LLC
(title and organization of signatory)
APPROVED AS TO FORM:
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. lZ24197
6753
State of California
County of San Diego )
On cl&w before me, JDL be&#rla c-hr* tw;. ,
(Date) (Name, Title of Officer)
personally appeared AyLce h$GI\ z
(Name[s] of Signer[s]) U I
/ personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be ___---.--l_-*- -.
the person@ whose nameM is/are subscribed to the within instrument and acknowledged to
me that he/e&&&y- executed the same in his/+&their authorized capacity&e), and that by
his/&&heir signaturedon the instrument the personw or entity upon behalf of which the
person$$acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
JOHN D. ANDERSON Comm. I1249075 iii NOTARY PUBLIC-CALIFORNIA I
San Diaeo County - Mu Comm. Extht Jr.& 20
(This area for
official notary seal)
Title or Type of Document L~cQ- w
Date of Document b/B/W, ho. of Pages 3+
Signer(s) other than named above R&l? L. IX-Ur
MASTERS/FOdMS/ENCROACHMENT AGREEMENT REV. 12/24/97
.
LOTS 138 THROUGH 139 Of THE ClTY OF
CARLSBAD TRACT NO. 92-3 AVtARA PHASE 111
UNIT NO. 6, IN THE CITY OF CARLSBAD, COUNTY OF SAN D/EGO, STATE OF CALIFORNIA,
ACCORDING TO MAP TUEREOF NO. 13513, F/LED IN THE OFFICE OF THE COUNTY RECORDER OF
SAN D/EGO COUNTu, DfCfhfBfR 10, 1997.
P&D CowuTMS uMlEsT%*BIRPtSVRam
fiiEZbWFM--
?NCROACHMEN T PlA T
7lTY OF CARLSBAD
APPROVED BY CITY ENGINEER: ENCROACHMENT
LLOYD 8. HUt3BS NO.
‘ROJECT: CRISTALLA .OT 24 CT 97-20 RCE 23889 EXP 12/31/01 DATE PR 00-116
-, . ,.I
a’ 6755
3 J
LOT 5
-7 LOT 27
LOT 23
NO. 14157
LOT 21
I
I
AREA OF ENCROAhtlENT
I
ENCROACHUEN fi I RETAINING
WALL WllHlN 20’ G.U.E
I PER F7NAL MAP /NO. 14157
FNCROACHMEN T PLA T
CITY OF CARLSBAD
3ROJECT: CRISTALLA 1OT 21 CT 97-20
APPROVED BY ClTY ENGINEER:
LLOYD B. HUBBS
*
RCE 23889 EXP 12/31/07 DA TE
ENCROACHMENT
NO.
PR 00-116