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HomeMy WebLinkAboutPIP 05-09; Opus West Corporation; 2007-0257572; Encroachment AgreementDQC# 2007-0257572 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 8105 APR 17, 2007 11:57 AM OFFICIAL RECORDS Wl DIEGO COUNTY RECORDER'S OFFICE liREGOR, J SMITH COUNTV RECORDER FEES 31 00 P^GES 9 2007-0257572 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: APN 221-880-10 PROJECT NO. & NAME:PIP 05-09 Opus West / Raceway Lot 22 PR 06-47 RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Opus West Corporation, a Minnesota 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 at 3182 Lionshead Ave , within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 221-880-10, 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 Waterlme, Stormdram, and Sewer which easement(s) 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 Enhanced pavement, curb gutter, landscape, planters & sidewalk, trash enclosures, and appurtenances to remain in a portion of the sewer, water, and storm dram 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 H \Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-09 Opus Point Lot 22 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-47 doc REV 011/18/2005 8106 (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 Opus West Corporation City of Carlsbad 2020 Mam Street, Suite 800 1635 Faraday Avenue Irvine, CA 92614 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\PIP FILES\PIP 05VPIP 05-09 Opus Point Lot 22 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-47 doc REV 011/18/2005 8107 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 V^NoTv^QLt-vK 20_ OWNER Opus West Cor-pojation, a Minnesota Corporation"""^ By Paul A Marshall Division President Southern California CITY OF CARLSBAD By GLENN PRUIM, P E Public Works Director APPROVED AS TO FORM RONALD R BALL City Attorney By Deputy\City Attorney H \Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-09 Opus Point Lot 22 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-47 doc REV 011/18/2005 8108 State of California 9County of S On before me, (Date) personally appeared (Name, Trtfe of Officer) fl. (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are-subscribed to the within instrument and acknowledged to me that he/sbe&bey. executed the same in his/hrer/their authorized capacity(ies), and that by his/h©t&ke<r signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Commteton # 1670499 Nototy PubOc - Cottfomta Orange County My Comm. Expire* Jun 25.201 (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\PIP FILES\PIP 05\PIP 05-09 Opus Point Lot 22 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-47 doc REV 011/18/2005 8109 State of California ) ) County of San Diego ) On March 7, 2007, before me, Belinda R Guzman, Notary Public, personally appeared David Mauser personally known 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 (This area for official notary seal) EXHIBIT "A" ENCROACHMENT AGREEMENT PR 06-47 8110 LOT 22 OF MAP NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS FILE NO. 2005- 0371022 OF OFFICIAL RECORDS. Page 1 of 1 O \Legal_Descriptions\051130\LOT 22 ENC 'A'.lgl.doc EXHIBIT "B" ENCROACHMENT AGREEMENT PR 06-47 8111 A PORTION OF LOT 22 OF MAP NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 3, 2005 AS FILE NO. 2005-0371022 OF OFFICIAL RECORDS; ALSO A PORTION OF A PUBLIC STORM DRAIN EASEMENT PER SAID MAP NO. 15013, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 22, THENCE ALONG THE EASTERLY LINE OF SAID LOT 22 SOUTH 16°00'13" WEST 27.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE, CONTINUING ALONG SAID EASTERLY LINE SOUTH 16°00'13" WEST 20.00 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 73°59'47" WEST 40.19 FEET; THENCE NORTH 28°59'47" WEST 17.64 FEET; THENCE NORTH 73°59'47" WEST 37.18 FEET; THENCE NORTH 16°00'13" EAST 28.04 FEET; THENCE SOUTH 73°59'47" EAST 15.00 FEET; THENCE SOUTH 16°00'13" WEST 8.04 FEET; THENCE SOUTH 73°59'47" EAST 30.47 FEET; THENCE SOUTH 28°59'47" EAST 17.64 FEET; THENCE SOUTH 73°59'47" EAST 31.91 FEET TO THE SAID EASTERLY LINE OF LOT 22 ALSO BEING THE TRUE POINT OF BEGINNING. CONTAINING 0.05 ACRES MORE OR LESS. Page 1 of 1 0.\Legal_Descriptions\051130\LOT 22 ENC 'B' Igl doc (NOJDI 1 2 3 4 5 6 7 8 9 10 11 EXHIBIT 'C' DATA CHART :LTA/BEARING RADIUS LENGTH loOOiJ W Z/.bZ 160013 W 20.00 M 7^"tQ'A7a W .... AH 10'n sJOy4s ft 4U.iy M ?ff^Q'A7a W 17 RA' A/ JVZQ'A?" U/ 77 Iff'n /J &y 4s rr J/./o N 160013 E 28.04 c 77*T<?*i/7" r 1 *\ fin'o /ij 3y 4/ £ / j. (/t/ 5 ifi°nfi'na u/ R nA' 735947 E 30.47 5 i>fi*^n'/nn r n RA'Zo Dy 4/ t //. 04 735947 E 31.91 8112 AREA = 2,021 SF = 0.05 AC ^z^*,^^ V,jA Exp 3/31/07 /M 1 % .-. \ LEGAL DESCRIPTION lUt^ J LOT 22, CT 98-10, PER MAP NO. 15013 ;lss DR £45/5 OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTHERL Y LINE i Skew OF PARCEL MAP No. 15250, I.E. N 89'45'58" W. VICINITY MAP EXISTING EASEMENTS N0 SCALE m 15> WIDE PRIME STORM DRAIN EASEMENT TO LOTS1 — ' ia - 90 prp MAP un ism* r/N 9005-0*71099 CONSULT A^ T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax 760-931-8680 APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE i IRVINE, CA 92614 (949) 622-1950 o CITY. r",. CA c/LAoL ENCROACHMENT AGREEMENT - CITY EXHIBIT 'C' 300 OF CARLSBAD 20' WIDE PUBLIC STORM DRAIN "MENT PER MAP NO. 15013 F/N 2005-0371022 OF CARLSBAD DATE: JAN, 2007 SHEET 1 OF 2 SHEETS PIP 05-09 AP.N 221-880-10 P.R. 06-47 \051130\PLATS\LOT 18 - 22\ENCROACHEMENT\0530£-END01 dwg Jan 03, 2007 2 26pm Xrefs 0530AN, 0530EMAP, 0530egrd, 0530EUTL EXHIBIT 'C' 8113 CONS U~L'T T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax 760-931-8680 LEGEND EXISTING BOUNDARY EXISTING EASEMENT ENCROACHMENT AGREEMENT POINT OF BEGINNING TRUE POINT OF BEGINNING LIONSHEAD P.O.B. LP.O.B. ENCROACHMENT AGREEMENT - CITY OF CARLSBAD EXHIBIT 'C' DATE: JAN, 2007 SHEET 2 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614 (949) 622-1950 PIP 05-09 APN 221-880-10 P.R. 06-47 I \051130\PLATS\LOT 18 - 22\ENCROACHEMENT\0530E-END01 dwg Jan 03, 2007 2 27pm Xrefs 0530AN, 0530EMAP, 0530egrd, 0530EUTL