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Home My WebLink AboutPIP 05-10; Opus West Corporation; 2007-0257573; Encroachment AgreementDOC# 2007-0257573 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 8114 APR 17, 2007 11.57 AM OFFICIAL RECORDS V'N DIEGO COUNTY RECORDERS riFFIfE GREGORYJ SMITH COUNTTRECORDER FEES 31 009 2007-Q257573_ SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 221-880-07ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME:PIP 05-10 Opus West / Raceway Lot 19 PR-06-50 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 3194 Lionshead Ave , within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 221-880-07, 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 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 pavement, curb gutter, landscape, planters & sidewalk, trash enclosures, and appurtenances to remain in a portion of the water 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 05-10 Opus Point Lot 19 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-50 doc REV 011/18/2005 8115 (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 05\PIP 05-10 Opus Point Lot 19 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-50 doc REV 011/18/2005 8116 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 ^eWv^or 2QQ~l OWNER Opus West Corporation, a Minnesota Corporator'"'''""/ By / ***" Paul A Marshall Division President Southern California CITY OF CARLSBAD By GLENN PRUIM.PE Public Works Director e,iTV APPROVED AS TO FORM RONALD R BALL City Attorney CwDeputy Cwy Attorney H \Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-10 Opus Point Lot 19 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-50 doc REV 011/18/2005 8117 State of California County On 205/before me, (Date) personally appeared (Name, Title of Officer) ft. ttordti/l . (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/afe subscribed to the within instrument and acknowledged to me that he/s+reftfoey executed the same in his/herftheir authorized capacity(ies), and that by signature(s) on the instrument the person(s), or entity upon behalf of which the .m •> ** person(s) acted, executed the instrument WITNESS my hand and official seal ' HOUY C. IA BOUH Commission #1670*99 Notaiy PuWte - California Orange County My Comm. Expires Jun 28.20K (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 05VPIP 05-10 Opus Point Lot 19 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-50 doc REV 011/18/2005 8118 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 BELINDA R GUZMAN | Commission* 1565777 I Notary Public - California \ San Diego County j My Comm. Expires Mar 31,20091 Signature of Notary (This area for official notary seal) EXHIBIT "A" ° -I I t7 ENCROACHMENT AGREEMENT PR 06-50 LOT 19 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 0 \Legal_Descriptions\051130\LOT 19 ENC 'A' lgl.doc 8120EXHIBIT "B" v ENCROACHMENT AGREEMENT PR 06-50 A PORTION OF LOT 19 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, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 19, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 19 AND ALONG THE NORTHERLY RIGHT OF WAY OF LIONSHEAD AVENUE SOUTH 81°09'39" WEST 27.23 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND ALONG SAID RIGHT OF WAY SOUTH 81°09'39" WEST 20.02 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND SAID RIGHT OF WAY NORTH 06°30'42" WEST 183.04 FEET; THENCE NORTH 83°29'18" EAST 20.00 FEET; THENCE SOUTH 06°30'42" EAST 96.00 FEET; THENCE NORTH 83°29'18" EAST 5.00 FEET; THENCE NORTH 06°30'42" EAST 10.00 FEET; THENCE SOUTH 83°29'18" WEST 5.00 FEET; THENCE SOUTH 06°30'42" EAST 76.23 FEET; TO THE SAID SOUTHERLY LINE AND SAID NORTHERLY ALSO BEING THE TRUE POINT OF BEGINNING. CONTAINING 0.09 ACRES MORE OR LESS. Page 1 of 1 O \Legal_Descnptions\051130\LOT 19 ENC 'B' Igl doc / EXHIBIT 'C' DATA CHART (N0)l i 2 3 4 5 6 7 8 9 DELTA/BEARING RAC 8109 39 W S 8109 39 W */ nfi'Tfi'iff" \uN (Jo ju 4Z n A/ R%"?Q'IRM rN oJ Zy lo £ c nfi'^n'jtf" rJ UO <j(J QJL £ N 83'29'18" E — A/ nfi'^n'A?" F 5 ff%"Hlf1fta WOJ Zy IB rr 06 30 42 E AREA = 3,703 SF = 0.09 > % !1IE 3US1NESS PAR — . . -. _,™..,_ VICINITY MAP NO SCALE cfo**. CONSULT t>/N 2710 Loker Avenue We Suite 1 Carlsbad, Cahforn a 920 760-931-77 Fax 760-931-86 APPLICANT/OWNER OPUS WEST CORPORATi 2020 MAIN STREET, Si IRVINE, CA 92614 (949) 622-1950 ) T S -t IIUS LENGTH 27.23 20.02 fPZ/tjf' on nn'£.{/, (/(/ Off nft'yo.UU — 5.00' in nn' e nn'3.UU 76.23 8121 1C VL\ rxp 3/31/07 / «-! LEGAL DESCRIPTION LOT 19, CT 98-10, PER MAP NO. 15013 BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THIS MAP IS THE SOUTHERL Y LINE OF PARCEL MAP No. 15250, I.E. N 89'45'58" W. EXISTING EASEMENTS m 15' WIDE PRIVATE STORM DRAIN EASEMENT TOL— ' LOT 18 PER MAP NO. 15013 F/N 2005-0371022 (Tl 15' WIDE PRIVATE STORM DRAIN EASEMENT TO LOTS ' — 18 & 19 PER MAP NO. 15013 F/N 2005-0371022 ?° ENCROACHMENT AGREEMENT - CITY OF CARLSBAD 00 80 'ON UTE 800 EXHIBIT 'C' DATE: MAR, 2006 SHEET 1 OF 2 SHEETS PIP 05-10 APN 221-880-07 P.R. 06-50 \051130\PLATS\LOT 18 - 22\ENCROACHEMENT\0530B-ENC01 dwg Aug 07, 2006 2 24pm Xrefs 0530AN, 0530BMAP, 0530butl, 0530bgrd EXHIBIT 'C' 8123 •PARKING ENCROACHMENT C 0 N S U L T AO4 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 P.O.B. T.P.O.B. ENCROACHMENT AGREEMENT - CITY OF CARLBAD EXHIBIT 'C' DATE: MAR, 2006 SHEET 2 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614(949) 622-1950 PIP 05-10 A.P.N 221-880-07 P.R. 06-50 \051130\PLATS\LOT 18 - 22\ENCROACHEMENT\0530B-ENC01 dwg Aug 07, 2006 2 25pm Xrefs 0530AN, 0530BMAP, 0530butl, 0530bgrd