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Home My WebLink AboutCT 97-20; Cristalla Homeowners Association; 2007-0327009; Encroachment AgreementDOC# 2007-0327009 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 MAY 14, 2007 3'16 PM OFFICIAL RECORDS S^N DIEGO COUNTY RECORDER'S OFFICE GREGORY .I SMITH COUNT i'RECORDER FEES 31 HO 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE 215-960-23ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME. Cristalla Drainage Repair - Lot 23 PR 06-120 RIGHT-OF-WAY PERMIT NO.: RW 06-385 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Cristalla Homeowners Association, a nonprofit mutual benefit 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 within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-960-23, 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 general utility and access easement 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 connect a 4" crib wall dram line to City 18" storm dram pipe 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 (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 H \Development Services\PROJECTS\PR FILES\PR 06-120 Cristalla Drainage Repair - Ontiveros\ENCROACHMENT AGREEMENT Rev 11-2005 (PR 06-120) doc REV 011/18/2005 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 Cristalla Homeowners Association City of Carlsbad . 9610 Waples Street 1635 Faraday Avenue San Diego, CA92121 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 mure 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 H \Development Services\PROJECTS\PR FILES\PR 06-120 Cristalla Drainage Repair - Ontiveros\ENCROACHMENT AGREEMENT Rev 11-2005 (PR 06-120) doc REV 011/18/2005 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 JAAJUIM^ , 20o~t. OWNER Cnstalla Homeowners Association, a nonprofit mutual benefit corporation By. By JV (Sign Here) (L* (Print Name Here) n Here) (Print Name Here) APPROVED AS TO FORM CITY OF CARLSBAD By: GLENN PRUIM, P.E. Public Works Director RONALD R. BALL City Attorney Deputy City Attorney H \Development Services^PROJECTS\PR FILESVPR 06-120 Cnstalla Drainajje Repair - Onliveros\ENCROACHM£NT AGREEMENT Rev 11-2005 (PR 06-120) doc REV 011/18/2005 State of California County of San Diego iq ,2xx^ i&fS '' before me,iD~T(Date) personally appeared (Name, Title^bfjJ>fficer) (Name[s] of Signer[s]) pcjsonolly known to me* OR- (or proved to me on the basis of satisfactory evidence) to be the personj#Twhose name(^ is/ate- subscribed to the within instrument and acknowledged to me that he/sbeZikeyexecuted the same in his/lwi'ttierr authorized capacity(ies£" and that by his/hcf/thgtr"signatureffi''6n the instrument the persooje)r or entity upon behalf of which the person^facted, executed the instrument WITNESS my hand and official seal Signature of Wotary 1 NIC SYBESMA COMM #1545672 PJ NOTARY PUBLIC-CAUFORNIA S SAN DIEGO COUNTY S MyComm Expires January 18, 2009 •- (This area for official notary seal) Title or Type of Document Date of Document me >[l Signer(s) other than named above No H VDevelopment Se™ces\PROJECTS\PR FILES\PR 06 120 Cfistalla Drainage Repair • Ontiveros\ENCROACHMENT AGREEMENT Rev 11 -2005 (PR 06 120) doc REV 011/18/2006 State of California County of San Diego On (Date) personally appeared before me,NJ (Name-Title of Officer) , B- (Name[s] of Signer[s]) known to»me-.-OR - (proved to me on the basis of satisfactory evidence) to be the personj^whose is/a/^subscribed to the within instrument and acknowledged to me that executed the same in his/h&f#fte1r authorized capacity(^e)r and that by his/heT7fn"eir signature^) on the instrument the person^ or entity upon behalf of which the acted, executed the instrument WITNESS my hand and official seal Signature itary -i r> o •*• f\ f^ {t NICSYBESMA " COMM. #1548672 01 NOTARYPUBUC-CAUFORNIA 0-'AN DIEGO COUNTY 2 •-'' i r"n aKf)lf89 Jfinuaiy 18, 2009 „, (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above H \Deveiopment Services\PROJECTS\PR FILES\PR 06-120 Cristalla Drainage Repair - Ontiveros\ENCROACHMENT AGREEMENT Rev 11-2005 (PR 06-120) doc REV 011/18/2005 State of California County of San Diego On 5-7-01 (Date) personally appeared ) before me, r\ i Pn S>TO/\ K/iI/I CJn. (Name, Title of Officer) (Name[s] of Signer[s]) personally known to me - QR- (or proved to mo-on the basis-of-satisfactory-evtdefree) to be the person^ whose namelXl is/a^ subscribed to the within instrument and acknowledged to me that(n^/she/they executed the same in (richer/their authorized capacity(i^), and that by *-"'v signature^ on the instrument the person(fc), or entity upon behalf of which the i, executed the instrument WITNESS my hand and official seal Signature ofNotary K STANKAVICH Commission #1524867 Notary Public - CaWomta San Diego County My Comm. Expires Nov 6,2008 (This area for official notary seal) Title or Type of Document. Date of Document Signer(s) other than named above. No of Pages H \Development Services\PROJECTS\PR FILES\PR 06-120 Cnstalla Drainage Repair - Ontiveros\ENCROACHMENT AGREEMENT Rev 11-2005 (PR 06-120) doc REV 011/18/2005 EXHIBIT "A" LEGAL DESCRIPTION Lot 23 of City of Carlsbad Tract No. 97-20 Aviara Phase III, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No 14157, filed in the Office of the County Recorder of San Diego County on March 14,2001. PR 06-120 CRISTALLA DRAINAGE REPAIR EXHIBIT "B" EASEMENT DESCRIPTION A general utility and general access easement granted to the City of Carlsbad as shown on Map thereof No. 14157, filed in the Office of the County Recorder of San Diego County on March 14, 2001 PR 06-120 CRISTALLA DRAINAGE REPAIR LOCATION MAP NOT TO SCALE AVIARAPKWY. PROJECT NAME CRISTALLA PALERMI DRAINAGE REPAIR PROJECT NUMBER PR06-120 EXHIBIT DRAWN BY SCOTT EVANS, CARLSBAD ENGINEERING DEPT 9/29/06 C \DEVELOPMENT PROJECTS\PR\PR06-120DUG