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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