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Home My WebLink AboutPR 02-116; Townsend, Robert & Marilyn; 2002-1096873; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 21 I-O60-17-00 PROJECT NO. & NAME: PR 02-1 16 TOWNSEND LINCOLN/MERCURY RIGHT-OF-WAY PERMIT NO.: RW 02-234 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Robert E. Townsend and Marilyn J. Townsend, Trustees of the Townsend Family Trust UDT May 30, 1988, ("Owner"), in accordance with Chapter I1 .I6 of the Carlsbad Municipal Code. 1. The Propem/. Owner is the owner of that certain real property located at 5434 Paseo Del Norte, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-060-17-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for general utility and access 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 (item no. 1) installation/construction of three (3) underground water monitoring wells and (item no. 2) the overhang of approximately 4.6 feet from a newly installed 26 feet high commercial sign to be installed and/or remain in a portion of the public street and general utility, sidewalk and landscape easement. Plats showing the location of the encroachments are 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 owr,er and its successors in interesl. (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 iiDEVELOPMENT SERVICESIMASTERSIAGREEMENTS, OTHEWFfXROACHMENT AGREEUEfvT The Owner must remove or relocate any part of the encroachment within ten (IO) 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. 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. Entire Aqreement. 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 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Robert E. Townsend, Trustee 5434 Paseo Del Norte Carlsbad CA 92008 Nhich 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 mnstitute a waiver of any other default by Owner and shall not be deemed a waiver or render mnecessary 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 Assisns. This Agreement shall be binding and inure to the Ienefit 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 he property, but any failure to do so does not invalidate this provision. 2 iIDMLOPMENT SERVICESiM4STEWAGREEMENT.S. OTHERlENCROACHMENT AGREEMENT REV. 12/24/97 ‘I 8. Capacitv. 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, this parties hereto have executed this Agreement on this asb’ day of ockb b+ ,2002. wnsend, Trus By: By: LLOYD B. HUBBS, P.E. Pubic Works Director Robert E. Townsend (print name here) By: (sign here) (print name here) APPROVED AS TO FORM: RONALD R. BALL City Attorney I 3 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 12/24/97 State of California 1 1 County of San Diego 1 I (Date) (Name, Title of Officer) , personally appeared I (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(# whose narnew @are subscribed to the within instrument and acknowledged to me that @she/they executed the same in @er/their authorized capacity(@&), and that by aher/their signatureM on the instrument the person($ or entity upon behalf of which the person@ acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document No. of Pages ~ - Signer(s) other than named above 4 H:/DEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 12/24/97 EXHIBIT “A” Parcel B of Minor Subdivision No. 298, in the City of Carlsbad, County of San Diego, State of California, according to Parcel Map thereof No. 5426, as filed in the Office of the County Recorder of San Diego County, December 30,1976. EXHIBIT “B” Item No. 1 Plaza Del Norte, an easement for public street purposes granted to the City of Carlsbad, as shown on Map number 7492, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, as file no. 320455, on November 30,1972. Item No. 2 A general utility sidewalk and landscape easement granted to the City of Carisbad, as shown on Map number 7492, in the City of Carisbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, as file no. 320455, on November 30,1972. LOCATION MAP ,. . BLANK PVC CASING .: .j BENTONITE SEAL FILTER PACK ( #3 SAND) PORTRLAND CEMENTI BENTONITE 4" ID, SCHEDULE 40 GROUT PORTRLAND CEMENTI BENTONITE 4" ID, SCHEDULE 40 BLANK PVC CASING BENTONITE SEAL FILTER PACK ( #3 SAND) 'AGE 1 OF 3 PROJECT NAME PROJECT EXHIBIT GROUNDWATER MONITORING WELL NUMBER PROZ- I 16 C IHN BY: SCOTT EVANS, CARLSBAD ENG/NEERlNG DEPT. 10/17/02 C: \OEMLOPMENT PRWCTS\PRO2-116.DC LOCATION MAP i I WELL NOT Tb SCALE / t- I I" i LEGEND: +$- MONITORING WELL SI / \I PROJECT NAME GROUNDWATER MONlTORlNG WELLS NUMBER PROJECT EXHIBIT WELL L OCA TIONS PR02- 7 16 C IHN BY: SCOTf EVANS. CARLSBAD ENGINEERING DEPT. 10/21/02 C: \DEMLOPUENT PRMCE\PRfJ2-116A.DW AREA OF ENCROACHMENT L NEW SIGN. POLE STRUCTURE & FOOnNG \ 1 NOT TO SCALE L I LANDSCAPED SIDEWALK PARK WA Y PAX0 PAGE3OF3 PROJECT NAME TOWNSEND L/NCOLN/ME/?CU/?Y EXHIBIT PROJECT 5434 PASEO DEL NORTE NUMBER APN 21 1-060-1 16 C PRO2-116 4W BY: SCOTT EVANS, CARlSBAD ENGINEERING OPT. 10/31/02 C: \DEMLOPMENT PR~CE\PR02-116B.DbG