HomeMy WebLinkAboutPR 02-47; Stellar Properties LLC; 2003-0063442; Encroachment AgreementDOC # 2003-0063442
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
OFFICIAL RECORDS 9%' DIEGO COUNTY NEaIRDfR'S OFFICE GREGORY J. %ITHI COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 211-080-01-00
PROJECT NO. & NAME: PR 02-47
Toyota of Carlsbad
RIGHT-OF-WAY PERMIT NO.:
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Stellar Properties, L.L.C., A California Limited Liability
Company ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code.
1. The Prooerty. Owner is the owner of that certain real property located at 5124
Paseo Del Norte, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
Number 211-080-01-00, and more particularly described in Exhibit "A", attached hereto and
incorporate d herein by reference.
2. The Easement. City currently owns an existing easement over, under, and
across Owner's property for general utilities 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 a fire service and 2 inch diameter water line to remain in a portion of the
general utility 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.
(8) 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 rd8hing from the construction, maintenance, use, repair or
removal 67 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
H:/DEVELOPMEM SERVICES/MASTERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
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.
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 Aareement. 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
Stellar Properties, L.L.C.
5424 Paseo Del Norte
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 Assians. 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.
Ill
2 HYDEVELOPMENT SERVICEWMASTERSIAGREEMENTS, OTHEWENCROACHMEM AGREEMENT REV. 12/24/97
8. Caoacitv. 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.
2 6 day ofhb ~n ,200a.
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this
I OWNER CITY OF CARLSBAD
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
3 I HYDEVELOPMENT SERVICESNASTERSIAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
State of California )
1 County of San Diego )
On (2 -2b-OZ before me, ta&-tin/ &w/ &lie 9
personally appeared JClBlTff 4. 9
(Date) (Name, Title 6f 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/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their 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
&wuic
Signature of Notary
(This area for
official notary seal)
Title or Type of Document ?/I hla& me&. &fQernenk
Date of Document ]A- &-oL NO. &'Pages -3
Signer(s) other than named above n6k&
4
REV. 12/24/97 1 HKJEVELOPMEM SERVICESIMASTERSIAGREEMENTS, OTHEWENCROACHMENT AGREEMENT
GOVERNMENT CODE 27361.7
I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE
DOCUMENT TO WHICH THIS STATEMENT IS AlTACHED READS AS FOLLOWS:
Name of the Notary: G;nld4' M4Rr;nl
Commission Number: 12% Date Commission Expires: \ I la-aooq
County where Bond is Filed:
Manufacturer / Vendor Number: lqdfi I
Place of Execution: Date: - 17-0 3
4194 Roc, Form lRlO
EXHIBIT A
LOT 1 OF CARLSBAD TRACT NO. 87-3, IN THE CITY OF CARLSBAD, COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12242,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 28, 1988.
EXHIBIT B
A 20 FOOT WIDE GENERAL UTILITY EASEMENT OVER, UNDER AND ACROSS LOT
DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 12242,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,
OCTOBER 28, 1988.
1 OF CARLSBAD TRACT NO. 87-3, IN THE CITY OF CARLSBAD, COUNTY OF SAN
*' ENCROACHMENT PERMIT EXHIBIT FOR TOYOTA CARLSBAD PARKING STRUCTURE
SLOPE~MAIN ENANCE -
EASEMENT PER DOC NO
88-677018, REC. 12-31
!
LOcATIo-N.,\oF
ENCROACHMENT --...,
3AD NUMBER I C I PR 02-47
591-0804-603 12-05-02