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Home My WebLink AboutPR 02-80; Onimac Corporation; 2002-0743756; Encroachment AgreementDOC # 2002-0743756 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad. CA. 92008 I SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 213-050-08-00 PROJECT NO. & NAME: ONIMAC CORP. 2310 Camino Vida Roble PR 02-80 RIGHT-OF-WAY PERMIT NO.: RW 02-178 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between ,he CITY OF CARLSBAD (“City”) and Onimac Corporation (“Owner”), in accordance with >hapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 2310 >amino Vida Roble, within the City of Carlsbad, San Diego County, California, 4ssessor’s Parcel Number 213-050-08-00, 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 :o Owner to allow placement of 603 of conduit to remain in a portion of the City’s general utility and access 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 :ems 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 or expense arising out of (1) loss or damages to property and (2) injury removal of the structure installed hereunder, including any loss, damage, to or death of persons. i:/DEVELOPMENTSERVICESIMASTERS!AGREEMENTS. OTHEWENCROACHMENTAGREEMENT 1 REV. 12124197 (C) 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. (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 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, and addressed as follows: registered or certified with return receipt requested, or by other comparable commercial means If to the City: If to the Owner: City Engineer Onimac Corporation City of Carlsbad 12544 High Bluff Drive t Suite 390 1635 Faraday Avenue San Diego, CA 92130 Carlsbad CA 92008 F 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 any default must be in writing and shall not be a waiver of any other default concerning the unnecessary City’s consent for approval to any subsequent act by Owner. Any waiver by City of 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 Ill Ill Ill Ill HIDEVELOPMENTSERYICESIM*STERSIAGREEMENTS. OTHEWENCROACCHMENTAGREEMENT 2 REV IzRu97 8. Capacity. Each party represents that the person(s) executing this Agreement on lehalf of such party have the authority to execute this Agreement and by such signature@) hereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 1st dayof August ,2002. 3WNER CITY OF CARLSBAD A 3nimac Corporation, 3 California Corporation (Sign Here) John I. Kocmur (Print Name) President (Title) By: $,.h (Sign Here) John I. Kocmur ~ .~~" ~ (Print Name) ~~ Secretary (Title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: % l52kl Dcpdj City AMiney 1 I HDEVELOPMENTSERVICESIWASERSIAGREEMENTS. OTHEWENCROACHMENTAGREEMENT 3 REV. 12124197 State of California ) ) County of San Diego ) On ~ya. 1, 2002 before me, Debra M. Curtis (Date) (Name, Title of Officer) personally appeared John I. Kocmur (Name[s] of Signer[s]) personally known to me Et0 be the person&.whose name~is/s+subscribed to the within instrument and acknowledged to me that he/&&bey executed the same in hislkff3H4eir authorized capacity(ies), and that by his/he&fe+ signature(s) on the instrument the personNor entity upon behalf of which the personkacted, executed the instrument, WITNESS my hand and official seal A (This area for Signature of Notah official notary seal) t Title or Type of Document Date of Document August 1 I 2002 No. of Pages Signer(s) other than named abov Encroachment Agreement HJDEVELOPMENTSERVICEyMASTERSlAGREEMENTS, OTHEWENCROACHMENTAGREEMENT 4 REV. 12i24iw EXHIBIT "A" LEGAL DESCRIPTION Lot 6, Carlsbad Tract 73-49, Map No. 8054 filed in the Office of County Recorder of San Diego County, December 31, 1974, as file No. 74-337586. EXHIBIT “6” EASEMENT A general utility and access easement granted to the City of Carlsbad, shown as Camino Vida Roble on Map number 8054, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, on December 31,1974. P'C !" c iitle e3 Parking Ld onduit onduit walk Grass area c Parking Lot r Grass area Y Grass island 1111 ll1111 Parking Lot EXHIBIT "C"