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Home My WebLink AboutMS 04-04; Franz-Loker LLC; 2006-0118577; Encroachment AgreementDQCtt 2006-0118577 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 FEB17, 2006 4:22 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G Fi E G 0 ?;-( J S MIIH. CO LI N T Y RECORDER FEES: 0.00 PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Loker Business Center 209-081-01-00 MS 04-04 Private storm drain & wall encroachments RIGHT-OF-WAY PERMIT NO.: PR Ofr-O3 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 11.16 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 easements over, under, and across Owner's property for sewer purposes and drainage purposes which easements are 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 those private improvements shown on City Drawing No. DWG 428-7, including, but not limited to: enhanced concrete, trellis, screen wall and portable concrete picnic benches/tables, private storm drain and headwall improvements; to remain in a portion of the sewer and drainage easement. A plat showing the location of the encroachments 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, 1 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 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 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 Franz-Loker, LLC City of Carlsbad 8799 Balboa Avenue #270 1635 Faraday Avenue San Diego, CA92128 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 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. 2 HI/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT 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, these parties hereto have executed this Agreement on this day of OWNER Franz-Loker, LLC, a California li liability company CITY OF CARLSBAD DIM, City Engineer APPROVED AS TO FORM: RONALD R. BALL City Attorney BV: Deputy City Attorney H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHER/ENCROACHMENT AGREEMENT REV 07/15/2002 State of California ) County of San Diego ) 4(65 _be1 (Date) ' (Name, Title of Officer) ^~& L** * c r\ tpersonally appeared TWw££> AJ< U On S>tC.t*lLl4. *•&. before me, Luf>£; /\fo (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person!^) whose name(afj is/a/e' subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herfthetr authorized capacity£jes^, and that by his/hep/ttwir signature^) on the instrument the person^, or entity upon behalf of which the person(sO acted, executed the instrument. WITNESS my hand and official seal van OMEGA 1568203 San Diego County MyComm. Expires May 8, 2009 (This area for official notary seal) Title or Type of Document £dC,£Q&eht]£jrii' Date of Document /^Up/15' Signer(s) other than named above No. of Pages H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 State of California ) ) County of San Diego ) On February 1, 2006 before me, Belinda R. Guzman, Notary Public, personally appeared Robert J. Wojcik, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Signature of Notary BELINDA R. GUZMAN Commission #1565777 Notary Public • California San Diego County i My Comm. Expires Mar 31,2009 (This area for official notary seal) SEPTEMBER 1, 2005 J.N. 03-1071-3 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION 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\031071\C.T. 74-21.1gl.doc SEPTEMBER 1, 2005 J.N. 03-1071-3 PAGE 1 OF 1 EXHIBIT "B" LEGAL DESCRIPTION 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\031071\Sewer & Drainage Esmnt.lgl.doc EXHIBIT 'C' LEGAL DESCRIPTION PORTION OF LOT 1, CT 74-21, PER MAP 10371 EXISTING EASEMENTS T] SEWER AND DRAINAGE EASEMENT PER MAP NO. 10372 REC. APRIL 13, 1982 AS F/N 82-101695 LEGEND EXISTING BOUNDARY EXISTING EASEMENT SEE SHEET 2 SCREEN WALL (TYP.) EXIST. 15" VCP SEWER ENHANCED CONCRETESUBDIVISIONBOUNDARY' VICINITY MAP NO SCALE 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931 -770 CITY OF CARLSBAD DATE: DECEMBER.21, 2005 EXHIBIT '€'Fax: 760-931-8680 SHEET 1 OF 2 SHEET APPLICANT: FRANZ LOKER LLC MS 04-04 A.P.NI. 209-081-01 P.R. 05 8799 BALBOA AVE., STE.TIMOTHY o. CARROLL LS. 7700, EXP. 12/31/06SAN DIEGO, CA 92123(858) 268-8901 Xrefs: 0371AMAP; 0371ASTR; 0371AGRD; 0371AUTL; 03717UTL; IP_OOay2 CONSULT A^N T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931 -7709- Fax: 760-931-8680 EXHIBIT 'C' £*75/: 57ZW5I/ /W54//V & GUTTER SEE SHEET 1 CITY OF CARLSBAD EXHIBIT 'C' DATE: DECEMBERS 1, 2005 SHEET 2 OF 2 SHEET APPLICANT: FRANZ LOKER LLC 8799 BALBOA AVE., STE. SAN DIEGO, CA 92123 (858) 268-8901 TIMOTHY 0. CARROLL, JR. LS. 7700, EXP. 12/31/06 MS 04-04 A P.M. 209-081-01 P.R. 05 l:\031Q71\0371PDQ1.awg Dec 21, 2005 9:lDom Xrefs: 0371AMAP; 0371ASTR; 0371AGRD; Q371AUTL; 03717UTL; TP_ODay2