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HomeMy WebLinkAboutPIP 86-01; HG FENTON PROPERTY CO; 2011-0464487; Encroachment AgreementDOCtt 2011-0464487 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 SEP 08, 2011 9:27 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE r Ernest J. Dionenburg, Jf., COUNTY RECORDBRv> „ . FEES: 36.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 209-081-29 PIP 86-01 CARLSBAD CROSSROADS PR 11-21 RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and H.G. Fenton Property Company ("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 2738 Loker Ave. West within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 209-081-29, 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 Street Purposes 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 an 18" RCP Storm Drain to remain in a portion of the public street 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. 1 Q:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-21 H G Fenton - Wickham\ENCROACHMENT AGMT (most current).doc (C) The Owner must remove or relocate any part of the encroachment 7562 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 H.G. Fenton Property Company City of Carlsbad 7577 Mission Valley Rd. Ste. 200 1635 Faraday Avenue San Diego, CA 92108 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. 2 Q:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-21 H G Fenton - Wickham\ENCROACHMENT AGMT (most current). doc 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. 7563 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this __ 2fl day of CJotu __ 20J OWNER H.G. Fenton ProperjtysCompany By: (Print-Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer PL8801 Exp. 12/31/2012 (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: ___Deptrty City Attorney Q:\CED\LandDev\PROJECTS\PR\PR 11\PR 11-21 H G Fenton - Wickham\ENCROACHMENT AGMT (most current).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENTr™"*^| State of California ip County of iC i | On JuJU?/ %)\\ before me,j_ -^ - -, - ^ piato I 0 Date personally appeared 1 III I 7564 Name(s) of Signer(s) i1I IiI I III CLARE CHAVEZ Commission # 1893292 Notary Public - California San Diego County . Comm. Expires Jun 20.2014 f who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-ie/are subscribed to the within instrument and acknowledged to me that hc/ohe/they executed the same in hts/hefl'their authorized capacity(ies), and that by hio/hor/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 and/or Stamp 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:_ Incorporate Officer — Title(s): Vfyjg D Individual D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: 14.&. F&Mvn f RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: IgfCorporate Officer — Title(s): \Afig- D Individual II I I I ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representi RIGHT THUMBPRINT OF SIGNER Top of thumb here I 1 IkI I i 1I III II 1 II IIk II I,1 Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 7565 EXHIBIT ;'A" Those portions of Parcels A and B of Certificate of Compliance recorded June 16, 1986 as File No. 86-240751 of official records said Certificate of Compliance being a consolidation and boundary adjustment of Lots 3 through 6 of Map No. 10372 and Dolphin Court as vacated and closed to public use, in the City of Carlsbad, County of San Diego, State of California, described as follows: Beginning at the northeasterly corner of said Parcel B; thence south 26°32' 15" east 544.56 feet to a point on the northwesterly right of way of Loker Avenue as shown on said Map No. 10372 said point being also a point on a non-tangent 536.00 foot radius curve concave southeasterly a radial line to said curve bears north 26°32'15" west; thence southwesterly along the arc of said curve 272.94 feet through a central angle of 29°10'35" thence leaving said right of way north 52°49'35" west 25.00 feet; to a 100.00 foot radius curve concave northeasterly; thence northwesterly along the arc of said curve 31.25 feet through a central angle of 17°54'22"; thence radially to said curve south 55°04'46"west 17.00 feet thence north 33°00'00" west 78.00 feet; thence north 18°29'34" west 35.94 feet; to a non-tangent 90.00 foot radius curve concave northerly a radial line to said curve bears south 18°29'34" east; thence westerly along the arc of said curve 77.80 feet through a central angle of 49°31'37"; thence north 58°57'57" west 328.77 feet; thence south 89°17'49" west 155.07 feet to the westerly boundary of said Parcel B; thence along the westerly boundary of said Parcel B north 2°37'29" west 197.17 feet; thence north 61°49'29" east 354.09 feet; thence south 89°29'05" east 278.01 feet to the point of beginning. 7566 EXHIBIT UB" Loker Avenue West, dedicated to the public on Map of Carlsbad Tract No. 74-21, in the City of Carlsbad, County of San Diego. State of California, according to Map thereof No. 10372 filed in the Office of the County Recorder of San Diego County April 13, 1982, File No. 82-101695. 7567 LOCATION MAP PR-11-21 PROPOSED TYPE A-4 C.O AREA OF ENCROACHMENT (18"RCP STORM DRAIN) SCALE: 1=20 VICINITY MAP NO SCALE A.P.N.: 209-081-29 SHT. 1 OF PREPARED BY.ENCROACHMENT FOR EXHIBIT C STUART ENGINEERING 7525 METROPOLITAN DRIVE STE. 308 SAN DIEGO, CA 92108 (619) 296-1010 FAX (619) 296-9276EMAILSE@stuartengineering.com 2738 LOKER A VENUE WEST CARLSBAD, CA 92008 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT •&<x^^^'e<&<s^^^^^^<i&$&?, 7568 State of California County of On liA^M Cr\ CT-O 1 Iun ^jv i » i sj Date personally appeared before me. i G"^-1^ (_• ""^-Ou^Lt. Here Insert Name and Ct-£>^ 4£L- V-A-^X vA^S»Vi Name(s) ot Signer(s) y i 1 , Titlfe 6f the Officer — I TERIEL ROWtiV CommlMloniO 1773834 Notary fubttc • California | San Dl»ao County 1 who proved to me on the basis of satisfactory evidence to be the persontef whose name(£) is/afi subscribed to the within instrument and acknowledged to me that he/she/thp/executed the same in his/tjer/theif authorized capacity(i^s), and that by his/h£r/they signature(s/on the instrument the person(s^ or the entity upon behalf of which the person(s^ 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. Place Notary Seal Above WITNESS my handand official seal. Signature .Signature of Notary Public OPTIONAL 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: c^v^l^*-~^><x Document Date: -A^IH <=? >| °*ca >| Signer(s) Other Than Named Above: Number of Pages: J o >n -c Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited LJ General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRIMT OF SIGNER Top of thumb here Signer Is Representing:, Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited n General D Attorney in Fact n Trustee n Guardian or Conservator Q Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2QQ7 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