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Home My WebLink AboutMS 04-04; Franz-Loker LLC; 2005-1001380; Encroachment AgreementDOC # 2005-1 001 380 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Villaae Dr. Carlsbad I llllllll 111 111ll111111111111111111ll11111 lllll11111111111111111111111 NOV 18,2005 9:21 AM UFFl ClAL RE CURDS SAN DlEGU CUUNTY RECORDER'S OFFICE GREGORYJ SMITH, COUNT'< RECORDER FEES 29 00 8 PAGES I 111111 Ylll Ill11 1111 11111 Ill1 Ill11 Ill11 11111 HI11 Ill11 Ylll111111111 YII 111 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-081-01-00 PROJECT NO. & NAME: MS 04-04 Loker Business Center Employee eating area encroachments RIGHT-OF-WAY PERMIT NO.: PR 05-101 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Franz-Loker, LLC, a California limited liability company, ("Owner"), in accordance with Chapter 11.1 6 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at the northwest corner of Loker Avenue West and Palomar Airport Road, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 209-081 -01 -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 sewer and drainage purposes 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 allow enhanced concrete, trellis, screen wall and portable concrete picnic bencheshables to remain in a portion of the sewer and drainage 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. (8) 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 H:/DEVELOPMENT SERVICESMASTERSAGREEMENTS, OTHEIUENCROACHMENT AGREEMEN7 REV. 07/15/2002 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. 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 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 Franz-Loker, LLC 8799 Balboa Avenue #270 San Diego, CA 92128 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 2 +:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 8. Capacitv. 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 &I4l” day of ncTo@Efl ,20 05. OWNER CITY OF CARLSBAD Franz-Loker, LLC, a California limited By: By: wfl ws APPROVED AS TO FORM: RONALD R. BALL City Attorney BY: QL! 4$- Deputy Ci Attorney 3 HKJEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 State of California ) 1 County of San Diego 1 On OAALRC @before me, t4f& dtdw, /do& 'Pybh& J (Date) (Name, Title of micer) personally appeared 74J^Aiecc/ de Q'bAj 9 (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the personv whose name+) is/& subscribed to the within instrument and acknowledged to me that he/- executed the same in hislhwkkeir authorized capacityM, and that by his/he&bew signatureMon the instrument the person6 or entity upon behalf of which the person( acted, executed the instrument. P WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages 4 I HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHEFVENCROACHMENT AGREEMENT REV. 07/1 WOO2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I Place Notary Seal Above @sonally known to me 0 proved to me on the basis of satisfactory evidence to be the personCS)uvhose name@&re subscribed to the within instrument and acknowledged to me that he/- executed the same in his- authorized capacity&& and that by hidherfthew signaturewon the instrument the personM, or the entity upon behalf of which the personM acted, executed the instrument. WITNESS my hand and o ‘cia1 . Y2$YLdiR, Signature of Notary 6bIic OPTIONAL Though the information below is not required by law, it may prove valuable to persons re/ying 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer’s Name: Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I I Signer’s Name: 0 Individual 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: I I Q 2004 National Notary Association * 9350 De Solo Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION SEPTEMBER 1, 2005 J.N. 03-1071-3 PAGE 1 OF 1 LOT 1 OF CARLSBAD TRACT C.T. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. O:\Legal~Descriptions\03107l\C.T. 74-21.lgl.doc . EXHIBIT "B" LEGAL DESCRIPTION SEPTEMBER 1, 2005 J.N. 03-1071-3 PAGE 1 OF 1 THE SEWER AND DRAINAGE EASEMENT AS DEDICATED OVER LOT 1 OF CARLSBAD TRACT C.T. 74-21, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 10372, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 13, 1982. O:\Legal~Descriptions\03107l\Sewer & Drainage Esmnt.1gl.doc c C v C - + + - - B c E 3 C c C U C C CITY Of CARLSBAD €.XHBlT %' Suite 100 Carlsbad, California 9201 0 Fax 760-931 -8680 760-931 -7700 APPLICANT: 9799 BALBOA AVE, STE 270' S;QN DEGQ CA .GY~ZJ TiMOTffY 0. CARROLL, JR' FRANZ LOK€R LLC /d/& (858) 268-8901 i.s 7700, EXR 12/31/06 EXISUNG BOUNOARY - - - - €XISUNG €AS€M€NT DATE: SEPT., 2005 SHEET 1 OF 1 SHEET MS 04-04 A.P.N. 209-081 -01 P.R. 05-26 \031071\0371PDOl.dwg Sep 06, 2005 10: 47am refs: 0371AMAP; 0371AN: 0371ASTR: 0371AGRD; 0371AUTL; D3717UTL; TP-ODoy2 14;'