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Home My WebLink AboutCUP 02-19; Vigilucci, Roberto; 2004-0788480; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 DOC # 2004-0788480 I lillllll Ill lllll ill11 11111 11111 11111 11111 11111 1lll11llll IIIII Ill1 1111 AUG 19,2004 9:11 AM OFFICIAL RECORDS SAFI DlEGU COUNTY RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES 32 00 PAGES 9 1 IYlll Ill11 UIII 11111 11111 UIII 11111 ill11 UIII Ell1 il111UIl1 Ylll Rlll 111 1111 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: 204-253-20-00 PROJECT NO. & NAME: CUP 02-19, PR 04-47 Viailucci's RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Roberto Vigilucci, a single man ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. I. The ProPerty. Owner is the owner of that certain real property located at 3878 Carlsbad Blvd., within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 204-253-20-00, 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 public right-of-way which easement is described in Exhibit "6" attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow landscaping, patio railing, building awning, outdoor dining area, sculpture, and wood railing to remain in a portion of the public right-of-way 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 (1) loss or damages to property and (2) injury to or death of persons. 1 HYDNELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 07/15/2002 The Owner must remove or relocate any part of the encroachment within ten (IO) 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. 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. Entire Acareement. 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 Roberto Vig i lucci 3878 Carlsbad Blvd. 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. Ill 2 H:IDEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 07/15/2002 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, this parties hereto have executed this Agreement on this =dayof aI.7 ,20 0C-t OWNER CITY OF CARLSBAD By: Public Works Director I . ---- r APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy Chy Attorney 3 I H:/DEVELOPMENT SERVICESIMASTERSIAGREEMENTS, OTHEWNCROACHMENT AGREEMENT REV. 07/15/2002 State of California ) 1 County of San Diego ) personally known to me - OR- (or_ Droved to me on the basis of satisfactory evidence) to be the person& whose name(ksh3qe subscribed to the within instrument and acknowledged to me that he/h/thxecuted the same in his/hs@&qauthorized capacity(&&, and that by hishq/kr signaturekon the instrument the perso- or entity upon behalf of which the personkacted, executed the instrument. . (This area for official notary seal) Signature of Notary Title or Type of Do Date of Document 4 I H:IDEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 EXHIBIT 'A' PR 04-47 PROPERTY LEGAL DESCRIPTION PARCEL 1 OF PARCEL MAP NO. 3713, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ON FILE IN THE OFFICE OF THE NO. 75-092233 OF OFFICIAL RECORDS. COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21, 19-75 AS FILE/PAGE Page 1 of 1 EXHIBIT 'B' PR 04-47 LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY BEING A PORTION OF CARLSBAD BOULEVARD PUBLIC RIGHT-OF-WAY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ON FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO. ALL WITHIN THE BOUNDARIES OF THE FOLLOWING DESCRIBED AREA: PARCEL 'A' BEGINNING AT THE WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 3713, ALSO CALLED THE POINT OF BEGINNING, ALSO THE BEGINNING OF A THENCE ALONG THE ARC OF SAID CURVE NON-TANGENT 7,935.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 1. SOUTHEASTERLY 2. SOUTHEASTERLY 114.77 FEET THROUGH A CENTRAL ANGLE OF TANGENT 25.00-FOOT RADIUS COMPOUND 00'49'43"; TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 39.16 FEET THROUGH A CENTRAL ANGLE OF 89'44'39"; THENCE 3. NORTH 55"28'35" EAST 17.87 FEET; THENCE 4. SOUTH 34'31'25" EAST 2.28 FEET; THENCE 5. SOUTH 55'28'35" WEST 22.96 FEET TO THE BEGINNING OF A TANGENT 36.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 6. NORTHEASTERLY 7. NORTHWESTERLY 56.43 FEET THROUGH A CENTRAL ANGLE OF 89'48'25"; TO THE BEGINNING OF A TANGENT 7,935.00-FOOT RADIUS COMPOUND CURVE CONCAVE NORTHEASTERLY; THENCE ALONG THE ARC OF SAID CURVE 106.06 FEET THROUGH A CENTRAL ANGLE OF 00'45'57"; THENCE Page 1 of2 8. NORTH 55O28’35’’ EAST 16.06 FEET TO THE POINT OF BEGINNING AND AS SHOWN ON EXHIBIT ’C’. SAID PARCEL ’A’ CONTAINS 2,234 SQUARE FEET, MORE OR LESS. PARCEL ‘B’ BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 3713, ALSO CALLED THE POINT OF BEGINNING, THENCE LEAVING THE SAID CORNER; 1. SOUTH 55O28’35“ WEST 2.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE 2. SOUTH 34’30’09” EAST 2.30 FEET; THENCE 3. SOUTH 55’28‘35“ WEST 20.66 FEET; THENCE 4. NORTH 34’30’09” WEST 2.30 FEET; THENCE 5. NORTH 55’28’35“ EAST 20.66 FEET TO THE POINT OF BEGINNING AS SHOWN ON EXHIBIT ’C’. SAID PARCEL ’B’ CONTAINS 47 SQUARE FEET, MORE OR LESS. Page 2 of 2 SHEET 1 OF 2 EXHIBIT 8C8 LOT 6 FR 04-47 PALIS4DES, BLOCK G MAP NO. 1747 w & ‘bo S$ $!i 2: -I i /? , PARCEL MAP NO. 3713 PAFICEL. 1 PMVA ?E LANbSCAPING, SClJlPW?E & WfaOD RAIUNG PER CITY APFROKD clko w-19 c I 2.30’ 1 LEGAL DESCRPl70M PARCEL 1 of PARCEL MAP NO. 3713, IN THE CYTY tF CARLSBAD, COUNTY of SAN DIEGQ STAF of CALIFGRNIA, A PM 204-253-20 1 .-%, INDICA ES AREA of ENCROA WMMT (AREA=2,233.60 <- INDICA 7ES AREA of ENCROACHMENT (AREA=4.752 So 7’ ??BiET% &PARTNERS Planning and Engineering 159389 Bernardo Center Drive Sun Diego, CA. 92127 V Ph. (858) 376-3444 Fa: (858) 376-3555 3~2EMRA02,duq 6-24-04 IJ 4f 22 om €SI SHEET 2 OF 2 EXHIBIT 'C' "- -7 I I ? 'q ,I '\ 1 I PARCEL MAP NO. 3713 PARCEL 1 i 8 I. i w 02-19 I I RL fI I' I I -s I /- LEGAL DESCRIPVOM 4PM 204-25F20 PARCZL 1 W PARCEL MAP NO. 371.3 IN ?HE CYTY W CARLSAD, CWtVTY W SAN DEW, STAE W WFCRNIA. &PARTNERS Planning ana' Engineering I59389 Bemardo Center Drive v San Diego, CA. 92127 Ph. (858) 376-3444 FUX: (858) 376-3555 . . . -. . . . .. I