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HomeMy WebLinkAboutMS 07-02; CPT/SC Title Holding Corporation; 2009-0619515; Encroachment AgreementRECORDING 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 DOC# 2009-0619515 NOV05, 2009 1:15PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 39.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 211-021-30 MS 07-02 Carlsbad Paseo PR 09-29 RW 09-125 11 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and CPT/SC Title Holding Corporation, a California coprporation ("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 5700 Paseo Del Norte, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-021-30, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns existing easements over, under, and across Owner's property for Drainage and Public Water 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 site walls and pilasters to remain in a portion of the 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. (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 CPT/SC Title Holding Corporation City of Carlsbad 3250 Vista Diego Road 1635 Faraday Avenue Jamul, CA91935 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. 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. IriWITNESS WHEREOF, these parties hereto have executed this Agreement on this o rt)L day of Q ' "~ OWNER PJxA& ^ \ Holding Corporation r By: Peter G. Aylward, President (Print Name Here) (Sign Here) (Print Name Here) CITY OF CARLSBAD ROBERTT. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorn EXHIBIT "A" PM 20661 MS 07-02 PR 09-29 ENCROACHMENT AGREEMENT FOR SITE WALL AND PILASTERS THE PROPERTY PARCELS 1 AND 2 OF PARCEL MAP NUMBER 20661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 28, 2009 AS FILE NUMBER 2009-0284728, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. GROSS AREA CONTAINING: 287,447.72 SQ. FT. 6.599 ACRES MORE OR LESS NET AREA CONTAINING: 218,423.02 SQ. FT. 5.014 ACRES MORE OR LESS DOUGLAS R. MfeLCHlOR, P.L.S. LICENSE EXPIRES 9-30-2010 DATED: 9-03-2009 PAGE 1 OF 1 PM 20061 M.S. 07-02 EXHIBIT "B" PM 20661 MS 07-02 PR 09-29 ENCROACHMENT AGREEMENT FOR SITE WALL AND PILASTERS THE EASEMENT THOSE PORTIONS OF SITE WALL AND PILASTERS LYING OVER, UNDER, AND ACROSS THE FOLLOWING PUBLIC WATER AND DRAINAGE EASEMENT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A: 30 FOOT WIDE DRAINAGE EASEMENT DEDICATED PER PARCEL MAP NUMBER 20661 TO THE CITY OF CARLSBAD, BEING A PORTION OF PARCEL 1 AND PARCEL 2 OF SAID PARCEL MAP NUMBER 20661, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 28, 2009, AS FILE NUMBER 2009-0284728 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. PARCEL B: PUBLIC WATER AND INGRESS AND EGRESS EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT, AS DESCRIBED IN THAT CERTAIN DEED, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MARCH 23, 2009 AS DOCUMENT NUMBER 2009-0142977 OFFICIAL RECORDS, SAID EASEMENT SHOWN ON THAT CERTAIN PARCEL MAP NUMBER 20661, RECORDED IN THE OFFICE OF THE COUNTY RECORDER ON MAY 28, 2009 AS DOCUMENT NUMBER 2009-0284728, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. DOCRILAS R. MELCfflbR, P.L.S. #4611 LICENSE EXPIRES 9-30-2010 DATED: 9-3-2009 PAGE 1 OF 1 M.S. 07-02 PM 20661 EXHIBIT "C PARCEL A: PER EXHIBIT "B" PUBLIC DRAINAGE EASEMENT DEDICATED PER PARCEL MAP 20661 REC MAY 28, 2009 AS DOC# 2009-0284728 OFFICIAL RECORD. PARCEL B: PER EXHIBIT "B" PUBLIC WATER INGRESS AND EGESS EASEMENT PER DOC# 2009-0142977 REC MARCH 23, 2009 AND SHOWN PER PARCEL MAP 20661 PACIFIC .OCEAN NO SCALE LEGEND = INDICATES LOCATION OF ENCROACHMANT AGREEMENT FOR SITE WALL AND PILASTERS P.O.B. - INDICATES POINT OF BEGINING T.P.O.B. = INDICATES TRUE POINT OF BEGINING BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS A LINE BETWEEN CITY OF CARLSBAD FIRST ORDER CONTROL POSITIONS CLSB 138 & CLSB 057, PER ROS 17271. I.E. N 301/19" W 4978.85' GRID THIS PLAT WAS PREPARED BY ME OR/dNDkR MY/DIRECTION DOUGLAS R. MELfcHIOR PIT 4611 09/03/2009 DATE CITY of CARLSBAD ENCROACHMENT AGREEMENT for SITE WALL and PILASTERS 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 9201 Qj (760) 438-1726 SHEET 1 OF 3 SHEETS APPLICANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH. 619-669-6688 L.S. 4611 EXP. 9-30-10 MULSIH- 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010> (760) 438-1726 PR 09-29 A.P.N. 211-021-30 DATE 09-03-09 MS 07-02 PM 20661 2668-SITEWAL-PILASTER.DWG EXHIBIT "C SEE SHEET 3 ._ PARCEL 2 I PM 20661r \ DRAINAGEKJ EASEMENT DEDICATED PER PM PARCEL 20661 PARCEL(B PUBUCWATER EASENENT \\\\\\\\\ CITY of CARLSBAD ENCROACHMENT AGREEMENT for SITE WALL and PILASTERS 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010> (760) 438-1726 SHEET 2 OF 3 SHEETS APPLICANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH. 619-669-6688 D0UGLAB R/MELQWOR /) LS. 4611 EXP. 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010> (760) 438-1726 PR 09-29 A.P.N. 211-021-30 DATE 09-03-09 MS 07-02 PM 20661 2668-SITEWAL-PILASTER.DWG EXHIBIT "C CAR COUNTRY DRIVE \N 67'31'12" E 399.93' iltliLdli PARCEL PUBLIC WATER EASEMENT PARCEL 2 PM 20661 CITY of CARLSBAD ENCROACHMENT AGREEMENT for SITE WALL and PILASTERS 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010> (760) 438-1726 SHEET 3 OF 3 SHEETS APPLICANT: CPT/SC TITLE HOLDING 3250 VISTA DIEGO ROAD JAMUL, CA 91935 PH. 619-669-6688 PREPx 5731 PALMER WAY, SUITE G CARLSBAD, CALIFORNIA 92010^ (760) 438-1726 PR 09-29 A.P.N. 211-021-30 DATE 09-03-09 MS 07-02 PM 20661 2668-SITEWAL-PILASTER.DWG CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared 6. OTT, Here Insert Name and Title of the Officer e^ of Signer^ J.OTT CommlMion * 1845095 Notary Public • Cttifornii Sin Ditflo County My Comm. E«P<f«» *Pf 17.2013 who proved to me on the basis of satisfactory evidence to be the person^ whose name(sf^p'ai»e' subscribed to the within instrument and acknowledged to me that (fiejfsjfle/trj^y executed the same in mis)hpr/th^ir authorized capacity^y, and that by(Hi^Sh^r/tn^fr signaturej#f on the instrument the person^, or The entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying 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: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT OgxS&<;<yg<5S5caS<56@<sgQ^^ State of California County of <^> On Date personally appeared before me, Here Insert Name ar U nd Title of the Officer Name(s) of Signer(s) Iif mi i. ROWUY CommJuton * 1773534 Notary Public • California i tern Ol«0o County who proved to me on the basis of satisfactory evidence to be the person^) whose name(#f is/arX subscribed to the within instrument and acknowledged to me that he/sb^/they executed the same in his/fj^f/thefr authorized capacity(ieX), and that by his/h0f/the>f signature(^) on the instrument the person^), or the entity upon behalf of which the personf^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Sea! Above Signature. OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying 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: ETHoCo A-cKWiO-v7 Document Date: AA^vxVT 3 Number of Pages:: -? V -t~ *=» Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: !_ Individual "".• Corporate Officer — Title(s): ~j Partner — LJ Limited [_! General 7 Attorney in Fact 7 Trustee L_ Guardian or Conservator ~ Other: RIGHT THUMBPRINT OF SIGNER Top o* thunib here Signer Is Representing:. Signer's Name: 'J Individual U Corporate Officer — Title(s): ~ Partner — ~~ Limited LI General Z Attorney in Fact 1! Trustee _' Guardian or Conservator _" Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thLi^nb here ©2007 National Notary Association • 9350 De Soto Ave.. PO-Box 2402-Chatsworth. CA 91313-2402* www.NationalNotary.org Item *5907 Reorder Call ToH-Free 1-800-876-6827 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Terie L. Rowley Commission Number: 1773534 Date Commission Expires: 10/15/11 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature: u.<^CCu^^^ I iuwJ City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 10/29/09 Rec. Form #R10 (Rev.7/96)