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HomeMy WebLinkAboutPIP 05-17; Opus West Corporation; 2007-0257575; Encroachment AgreementDOC# 2007-0257575 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 8132 APR 17, 2007 1157AM OFFICIAL RECORDS S-ifJ L'lEGO COUNTY RECORDER'S OFFICE HREGORr J SMITH, COUNT C RECORDER FEES 4300 P^GES 13 v 2007-0257575 J SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: APN 221-880-05 & 06 PROJECT NO. & NAME:PIP 05-17 Opus West / Raceway Lots 5 & 6 PR 06-52 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 3193 Lionshead Ave , within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 221-880-05 & 06, 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 FILESVPIP 05\PIP 05-17 Opus Point Lot 5-6 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-52 doc REV 011/18/2005 8133 (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 05-17 Opus Point Lot 5-6 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-52 doc REV 011/18/2005 8134 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 CITY OF CARLSBAD Opus West Corporation, a Minnesota""" By Paul A Marshall *v* GLENN PRUIM, P E Division President Public Works Director Southern California pe*v~ry APPROVED AS TO FORM RONALD R BALL City Attorney By Deputy City\f\ttorney 3 H \Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-17 Opus Point Lot 5-6 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-52 doc REV 011/18/2005 8135 State of California County of-i (Datr f personally appeared before me, (Name, Title of Officer) PaMlft. (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/efe- subscribed to the within instrument and acknowledged to me that he/sHte/they executed the same in his/her/their authorized capacity(ies), and that by his/henthe+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 Signa HOU.Y C. IA BOUFF Commission * 1670699 Notaiy PubBc - CaBtomta Orange County My Comm. Expires jun 2S.5.2010§ • • \ (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\P1P 05XPIP 05-17 Opus Point Lot 5-6 - Wickham\Deeds-Easement\ENCROACHMENT AGREEMENT PR 06-52 doo REV 011/18/2005 8136 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 MyComm. Expires Mar 31, f 1,2009fv v 4 (This area for official notary seal) 8137 EXHIBIT "A" ENCROACHMENT AGREEMENT PR 06-52 LOTS 5 AND 6 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED 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\LOTS 5 & 6 ENC 'A1 lgl.doc EXHIBIT "B" ENCROACHMENT AGREEMENT PR 06-52 8138 PORTIONS OF LOTS 5 AND 6 OF CARLSBAD TRACT NO. 98-10, ACCORDING TO MAP THEREOF NO. 15013, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED 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 NORTHEAST CORNER OF SAID LOT 6 SAID POINT ALSO BEING ON THE SOUTHERLY RIGHT OF WAY OF LIONSHEAD, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 6 AND ALONG THE SAID RIGHT OF WAY SOUTH 81°09'40" WEST A DISTANCE OF 19.90 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID RIGHT OF WAY AND SAID NORTHERLY LINE SOUTH 08°50'21" EAST A DISTANCE OF 10.36 FEET; THENCE SOUTH 13°39'43" WEST A DISTANCE OF 35.88 FEET; THENCE SOUTH 21°56'44" WEST A DISTANCE OF 55.95 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 36.57 FEET; THENCE SOUTH 00°33'16" EAST A DISTANCE OF 156.99 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 31.89 FEET; THENCE SOUTH 00°33'16" EAST A DISTANCE OF 11.54 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 00°33'16" WEST A DISTANCE OF 11.54 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 130.36 FEET; THENCE SOUTH 01°03'33" WEST A DISTANCE OF 17.29 FEET; THENCE NORTH 88°56'27" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 01°03'33" EAST A DISTANCE OF 17.01 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 55.55 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 14.77 FEET; Page 1 of 1 0 \Legal_Descriptions\051130\LOTS 5 & 6 ENC 'B' Igl doc 8139 THENCE SOUTH 01°57'16" WEST A DISTANCE OF 15.00 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 01°57'16" EAST A DISTANCE OF 15.00 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 160.58 FEET; THENCE SOUTH 01°57'16" WEST A DISTANCE OF 18.93 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 01°57'16" EAST A DISTANCE OF 18.93 FEET; THENCE NORTH 88°02'44" WEST A DISTANCE OF 65.94 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 36.16 FEET; THENCE NORTH 58°01'53" WEST A DISTANCE OF 21.68 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 68.12 FEET TO THE WESTERLY LINE OF SAID LOT 5 SAID LINE ALSO BEING THE EASTERLY RIGHT OF WAY OF EAGLE DR; THENCE ALONG SAID WESTERLY LINE OF LOT 5 AND SAID RIGHT OF WAY NORTH 09°28'07" EAST 20.00 FEET; THENCE LEAVING SAID WESTERLY LINE AND SAID RIGHT OF WAY SOUTH 80°31'53" EAST A DISTANCE OF 56.00 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 203.50 FEET; THENCE SOUTH 80°31'53" EAST A DISTANCE OF 160.99 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 80°31'53" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 10.00 FEET; THENCE SOUTH 80°31'53" EAST A DISTANCE OF 102.45 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 57.50 FEET TO THE NORTHERLY LINE OF SAID LOT 5, SAID LINE ALSO BEING THE SAID SOUTHERLY RIGHT OF WAY OF LIONSHEAD AVENUE; Page 2 of 2 0 \Legal_Descriptions\051130\LOTS 546 ENC 'B' Igl doc 8140THENCE ALONG SAID LINE SOUTH 80 31' 53" EAST A DISTANCE OF 20.00 FEET ; THENCE LEAVING SAID LINE SOUTH 09°28'07" WEST A DISTANCE OF 77.50 FEET ; THENCE NORTH 80°31'53" WEST A DISTANCE OF 25.95 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 14.51 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 14.51 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 210.00 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 12.10 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 09°28'07" EAST A DISTANCE OF 12.10 FEET; THENCE NORTH 80°31'53" WEST A DISTANCE OF 17.49 FEET; THENCE SOUTH 09°28'07" WEST A DISTANCE OF 185.12 FEET; THENCE SOUTH 58°01'53" EAST A DISTANCE OF 17.46 FEET; THENCE SOUTH 80°31'53" EAST A DISTANCE OF 30.87 FEET; THENCE SOUTH 88°02'44" EAST A DISTANCE OF 259.54 FEET; THENCE NORTH 89°26'44" EAST A DISTANCE OF 217.37 FEET; THENCE NORTH 00°33'16" WEST A DISTANCE OF 133.21 FEET; THENCE SOUTH 89°26'44" WEST A DISTANCE OF 18.00 FEET; THENCE NORTH 00°33'16" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 89°26'44" EAST A DISTANCE OF 18.00 FEET; THENCE NORTH 00°33'16" WEST A DISTANCE OF 13.77 FEET; THENCE NORTH 89°26'44" EAST A DISTANCE OF 43.21 FEET; THENCE NORTH 21°56'44" EAST A DISTANCE OF 41.14 FEET; THENCE NORTH 13°39'43" EAST A DISTANCE OF 30.45 FEET; Page 3 of 3 0-\Legal_Descriptions\051130\LOTS 5 & 6 ENC 'B1 Igl doc 8141 THENCE NORTH 08°50'21" WEST A DISTANCE OF 6.38 FEET TO THE NORTHERLY LINE OF SAID LOT 6 SAID LINE ALSO BEING THE SOUTHERLY LINE OF SAID RIGHT OF WAY; THENCE ALONG SAID LINE NORTH 81°09'39" EAST A DISTANCE OF 20.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.69 ACRES MORE OR LESS, Page 4 of 4 0 \Legal_Descriptions\051130\LOTS 5 & 6 ENC 'B' Igl doc •BUSINESS PARK DR 8142 PAOFIC OCEAN cmr OF ENCMITAS VICINITY MAP NO SCALE EXISTING EASEMENTS LEGAL DESCRIPTION PORTIONS OF LOTS 5 & 6, CJ. 98-10, MAP 15013 BASIS OF BEARINGS CENTERUNE OF EAGLE DRIVE PER MAP 15013 I.E. N09"28'07"E 4J ABUTTER'S RIGHT OF ACCESS RELINQUISHED PER CARLSBAD CT 98-10 MAP NO. 15013 5|6| SIGHT DISTANCE CORRIDOR PER CARLSBAD CT 98-10 MAP NO. 15013 [JO] SDG&E EASEMENT RECORDED AUG. 29, 2005 F/N 2005-0741197 LEGEND EXISTING BOUNDARY EXISTING EASEMENT WATERUNE \/////\EASEMENT AREA V / / / / A POINT OF BEGINNING P.O.B. TRUE POINT OF BEGINNING LANDSCAPE T.P.O.B. LS. 2710 Loiter Avenue West Suite 100 Carlsbad. California 92010 760-931-7700 Fax- 760-931-8680 Civil Engineering Planning Processing Surveying EXHIBIT 'C' ENCROACHMENT AGREEMENT CARLSBAD MUNICIPALWATER DISTRICT SHEET 1 OF 3 SHEETS REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 IRVINE, CA. 92614 PHONE: (949) 622-1950 A.P.N. 221-880-05 & 06 P.P. 06-52 DATE FEB 2007 I \051130\PLATS\LOTS 5 & 6\0530H-ENC01 dwq Feb 14, 2007 8 09am Xrefs 0530hmQD 0530HGRD 0530HUTL © 2007 O'Day Consultants, Inc. CURB & CURB & LS _ ENCROACHMENT SEWER ENCROACH. ENCROACHMENT MAP 16013 STORM DRAIN ENCROACH. STORM DtfAIN ENCROACHMENT CONC. TRASH PAR CROACHMENT STORM DRAIN ENCROACH. RB & LS ENCROACH. & LS. ENCROACHMENT ENCROACHMENJ^IW^l CURB & LS. C.T. 99-06 0' 100* SCALE: 1" = 100' CONSULT A/M T S 2710 Loker Avenue West Suite 100 Carlsbad. California 92010 760-931-7700 Fax: 760-931-8680 Civil Engineering Planning Processing Surveying EXHIBIT 'C' ENCROACHMENT AGREEMENT CARLSBAD MUNICIPAL WATER DISTRICT SHEET 2 OF 3 SHEETS REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 IRVINE, CA. 92614 PHONE: (949) 622-1950 A.P.N. 221-880-05 & 06 P.R. 06-52 DATE FEB 2007 ~\ \051130\PLATS\LOTS 5 & 6\0530H-ENC01 dwq Feb 14, 2007 8 09amXrefs 0530hmap 0530HGRD, 0530HUTL ©2007 O'Day Consultants, Inc. i i (NO) / 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 DELTA/BEARING 5 81'09'40" W S 08'50'21" E S 13'39'43" W S 2r56'44" W S 89'26'44" W S 00'33'16" E S 89'26'44" W S 00'33'W E S 89'26'44" W N 00'33'16" W S 89'26'44" W S Of'OJ'JJ" W N 88'56'27" W N OrOJ'JJ" E S 89'26'44" W N 88'02'44" W S Or57'16" W N 88'02'44" W N 01'57'16a E N 88'02'44" W S 01'57'160 W N 88'02'44" W N Or57'16" E N 88'02'44" W N 80'31'53" W N 58V1'53" W N 80'31'53" W N 09'28'07" E S 80'31'53" E N 09'28'07" E S 80'31'53" E N 09'28'07" E S 80'31'53a E £>£***? CONSULT Af^l T S 2710 Loker Avenue West Civil Engineering Suite 1 00 Planning Carlsbad. California 92010 Processing 760-931-7700 Surveying Fax: 760-931-6680 REQUESTED BY: OPUS WEST CORP. 2020 MAIN ST. , SUITE 800 IRVINE, CA. 92614 PHONE: (949) 622-1950 RADIUS LENGTH 19.90' 10.36' 35.88' 55.95' 36.57' 156.99' 31.89' 11.54' 10.00' 11.54' 130.36' 17.29' 10.00' 17.01' 55.55' 14.77' 15.00' 10.00' 15.00' 160.58' 18.93' 10.00' 18.93' 65.94' 36.16' 21.68' 68.12' 20.00' 56.00' 203.50' 160.99' 10.00' 10.00' 8144 (iiq) 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 DELTA/BEARING S 09'28'07 W S 80'31'53" E N 09'28'07" E S 80'31'53" E S 09'28'07" W N 80'3r53" W S 09'28'07" W N SO'31'53" W N 09'28'07" E N 80'31'53" W S 09'28'07" W N 80'31'53" W N 09'28'07" E N 80'31'53" W S 09'28'07" W S 58W53" E S 80'31'53" E S 88V2'44a E N 89'26'44" E N 00'33'W W S 89'26'44" W N 00'33'16" W N 89'26'44" E N 00'33'W W N 89'26'44" E N 21'56'44" E N 13'39'43" E N 08'50'21" W N 81'09'39" E RADIUS LENGTH 10.00' 102.45' 57.50' 20.00' 77.50' 25.95' 14.51' 10.00' 14.51' 210.00' 12.10' 10.00' 12.10' 17.49' 185.12' 17.46' 30.87' 259.54' 217.37' 133.21' 18.00' 10.00' 18.00' 13.77' 43.21' 41.14' 30.45' 6.38' 20.00' 515fev^ \&£^^§r EXHIBIT 'C' ENCROACHMENT AGREEMENT CARLSBAD MUNICIPALWATER DISTRICT SHEET 3 OF 3 SHEETS A P N 221-880-05 & 06 P.P. 06-52 HATF FEB 2007 I \051130\PLATS\LOTS 5 & 6 \0530H-ENC01 dwq Feb 14, 2007 8 09amXrefs 0530hmaD 0530HGRD 0530HUTL © 2007 O'Day Consultants, Inc.