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Home My WebLink AboutPIP 05-11; Opus West Corporation; 2007-0257574; 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 8123 DOC# 2007-0257574 APR 17, 2007 11-57 AM OFFICIAL RE CO FIDS C,H,N DIEGO COUNT ,' RECORDER'S OFFICE liRtfiURi' I SMITH COUNTY RECORDER FEES 31 00 RiGES '3 _200_7r0257_57_4_J SPACE ABOVE THIS LINE FOR RECORDER'S USE APN 221-880-12ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME:PIP 05-11 Opus West / Raceway Lot 18 PR 06-51 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 3198 Lionshead Ave , within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 221-880-12, 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 05-11 Opus Lot 18 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-51 docREV 011/18/2005 8124 (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 hen 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 05-11 Opus Lot 18 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-51 docREV 011/18/2005 8125 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 T^'€-k?'<~v>~<K\—v 20 o~I OWNER Opus West Corporation, a Minnesota Corporate By Paul A Marshall Division President Southern California CITY OF CARLSBAD By GLENN PRUIM, PE Public Works Director APPROVED AS TO FORM RONALD R BALL City Attorney By Deputy H \Development Services\PROJECTS\PIP RLESXPIP 05\PIP 05-11 Opus Lot 18 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-51 docREV 011/18/2005 State of California County of SQ 8126 On me, (Date) personally appeared (Namei Title of Officer) ' (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/she/they executed the same in his/hefitheir authorized capacity(ies), and that by his/hrerftheif 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 Signat HOLLY C. LA BOUFf Commission # 1670699 Notary Public - California Orange County MyComm Expires Jun 25.2010 (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 05XPIP 05-11 Opus Lot 18 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-51 docREV 011/18/2005 8127 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 GUZMAN' Commission #1565777 Notary Public-California San Diego County • My Comm. Expires Mor3l.?onol (This area for official notary seal) 8128 EXHIBIT "A" ENCROACHMENT AGREEMENT PR 06-51 LOT 18 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 18 ENC 'A' Igl doc 8129 EXHIBIT "B" ENCROACHMENT AGREEMENT PR 06-51 A PORTION OF LOT 18 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 18, THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 18 AND ALONG THE NORTHERLY RIGHT OF WAY OF LIONSHEAD AVENUE SOUTH 81°09'39" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE AND SAID RIGHT OF WAY SOUTH 81°09'39" WEST 20.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND SAID RIGHT OF WAY NORTH 08°50'21" WEST 41.94 FEET; THENCE NORTH 53°50'21" WEST 17.44 FEET; THENCE NORTH 06°30'42" WEST 113.12 FEET; THENCE NORTH 83°29'18" EAST 20.00 FEET; THENCE SOUTH 06°30'42" EAST 100.60 FEET; THENCE SOUTH 53°50'21" EAST 16.74 FEET; THENCE SOUTH 08°50'21" EAST 54.12 FEET TO THE SAID SOUTHERLY LINE AND SAID NORTHERLY RIGHT OF WAY ALSO BEING THE TRUE POINT OF BEGINNING. CONTAINING 0.08 ACRES MORE OR LESS. Page 1 of 1 0 \Legal_Descnptions\051130\LOT 18 ENC 'B'.lgl.doc EXHIBIT 'C' DATA CHART 8130 (NO) i 2 3 4 5 6 7 8 Q DELTA/BEARING S 81'09'39" W S 81'09'39a W N OPSO^I" W N 53'50'21" W N 06t30'42" W N 83'29'f8" E S OB'30'42" E S 53'50'21" E c nx'sn'yi" r RADIUS LENGTH 10.00' 20,00' 41.94' 17.44' 113.12' 20.00' 100.60' 16.74' SJ 17' AREA = 3,487 SF = 0.08 AC •BUSINESS PARK DR PACIFIC OCEAN CITY OF ENCMITAS VICINITY MAP NO SCALE LEGAL DESCRIPTION LOT 18, 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 [T] CITY OF VISTA 20' WIDE SEWER EASEMENT PER FILE/PAGE NO. 86-441919 |T] CITY OF CARLSBAD 20' WIDE PUBLIC STORM DRAIN EASEMENT PER MAP NO. 15013 F/N 2005-0371022 (T| 15' WIDE PRIVATE STORM DRAIN EASEMENT TO LOT 18 PER MAP NO. 15013 F/N 2005-0371022 CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax 760-931-8680 ENCROACHMENT AGREEMENT - CITY OF CARLSBAD EXHIBIT C DATE: MAR, 2006 SHEET 1 OF 2 SHEETS APPLICANT/OWNER: OPUS WEST CORPORATION 2020 MAIN STREET, SUITE 800 IRVINE, CA 92614 (949) 622-1950 PIP 05-11 A.P.N. 221-881-12 P.R. 06-51 I \051130\PLATS\LOT 18 - 22\ENCROACHEMENT\0530A-ENC01 dwg Aug 07, 2006 2 21pm Xrefs 0530AMAP, 0530AN, 0530AUTL, 0530AGRD EXHIBIT 'C' 8131 LANDSCAPING \ n^ACHMENT PARKING \ ENCROACHMENT\ \ CURB & SCALE: 1" = 60' LANDSCAPING ENCROACHMENT ELECTRICAL 'SSSgee- 60' CONSULT VN 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 CARLSBAD 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 05-11 APN 221-881-12 P.R. 06-51 \051130\PLATS\LOT 18 - 22\ENCROACHEMENT\0530A-ENC01 dwg Aug 07, 2006 2 21pm Xrefs 0530AMAP, OS30AN, 0530AUTL, 0530AGRD