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Home My WebLink AboutCT 97-20; Brehm-Aviara Group LLP; 2001-0745290; Encroachment Agreement‘I ’ I 9 . . . RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 2001-0746290 9 2001 4:38 PM i OFFICIAL REWRDS 12897 %H DIEGO COHTY IIEUHNR’S OFFIE G86oRy glITli~ c!a!$TYwErn : . SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 215042-01,02-00 PROJECT NO. & NAME: CT 97-20 Cristalla - PA 23 PR 00-l 15 RIGHT-OF-WAY PERMIT NO.: RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and Brehm-Aviara Group, LLP, a California Limited Liability Company (“Owner”), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code. 1. The Property. 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 described 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 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 irvall 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 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 12898 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. I 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. 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 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Brehm-Aviara Group, LLP Ste 200 1935 Camino Vida Roble 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 Assiqns’. 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 ill Ill Ill Ill I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 a % . . I 12899 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 gJc- day of \w ,200’ . OWNER CITY OF CARLSBAD Brehm-Aviara Group, LLP, A California Limited Liability Company By: The Brehm Companies, LLC By: ww& LLOYW HUBBg P.E. City Engineer By: Horace Hogan II (print name here) President, The Brehm Companies, LLC (title and organization of signatory) APPROVED AS TO FORM: RONALD R. LL City Attorney I MASTERS’FORMSIENCROACHMENT AGREEMENT REV. W/24/97 12900 State of California County of San Diego ) On before me, (Name 6 !8Iwt (Date) , personally appeared /fLLC &, ?I I (Name[s] of Signer[s]) ‘personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be -c- the person, d whose name Pf is/ate subscribed to the within instrument and acknowledged to me that heI- executed the same in hisll=t&their authorized capacity&e), and that by his/h&their signature($) on the instrument the person(a), or entity upon behalf of which the person(&) acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document , , tf%.w~~J Date of Document b/fit . No. of Pages kf Signer(s) other than named above I a&d, L /A& II II I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 12901 LOTS 138 THROUGH 139 OF THE ClTY OF CARLSBAD TRACT NO. 92-3 AVlARA PHASE II 1 UNIT NO. 6, IN THE CITY OF CARLSBAD, COUNTY OF SAN D/EGO, STATE OF CALIFORNIA, ACCORDlNG TO MAP THEREOF NO. 13513, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 1997. ENCROACHMENT PLA T CITY OF CARLSBAD PROJECT: CRISTALLA APPROVED BY CITY ENGINEER: LLOYD B. HUBBS ENCROACHMENT NO. PR 00-115 LOT 24 CT 97-20 RCE 23889 EXP 72/31/01 DA TE P:/l EXHHT ‘6 12902 25.0’ G.U.E. PER f7NAL NO. 14157 B lIEiD : 0 , 3 I II \ LUI / I I- -- -l \il 8 1, /(“ru kYh2 PC r I I ,*j 0 I --%-A \I +r ‘I , ,, \ \ / ENCROACHMENTi RETAINING WALL IMTHIN 25’ G.U.E PER FINAL MAP NO. 14757 LOT 23 AREA OF ENCROACHMENT 20’ 0’ 20’ 40’ 60’ GRAPHIC SCALE: 1”=20’ ‘NCROACHMEN T PLA T ‘ITY OF CARLSBAD ROJECT: CRlSTALLA OT 24 CT 97-20 APPROVED BY CITY ENG1NEER: ENCROACHMENT LLOYD 8. HUBBS NO. , RCE 23889 EXP l2/37,‘01 DATE PR 00-115