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Home My WebLink AboutPR 03-117; Pacific Land Concepts Inc; 2004-0493940; Encroachment AgreementDOC # 2004-0495940 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MQY 273 2004 4:59 PPI OFFICIAL RECURDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUMY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 206-013-17 PROJECT NO. & NAME: CHINQUAPIN AVE. LOT 4 PR 03-1 17 RIGHT-OF-WAY PERMIT NO.: RW 0401 51 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Pacific Land Concepts, Inc., A California Corporation ("Owner"), in accordance with Chapter 11.1 6 of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 150 Chinquapin Ave., within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-01 3-17, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement for 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 private storm drain to remain in a portion of the 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. (C) 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 MASTERSIFOAMSENCROACHMENT AGREEMENT 1 REV. 12/24/97 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 Aclreement. 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 Pacific Land Concepts, Inc. Suite 360 5333 Mission Center Road San Diego CA 921 08 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 Assiqns. 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. I MASTERS/FORMS/ENCROACHMENT AGREEMEN1 2 REV. 12i24197 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 patty. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this /SfYday of MA Y ,20 4. OWNER CITY OF CARLSBAD , Inc., A California *I By: -&?’ IW& ~e/c LLOYD B. HUBBS, P&? City Engineer APPROVED AS TO FORM: RONALD R. BALL City Attorney By: MASTERSIFORMSENCROACHMENT AGREEMENT 3 REV. 12/24/97 State of California ) 1 County of San Diego ) On MOP Ib,- before me,mA rm &-. ~&,bU;r. 1 (Date) (Name, Title of Officer)' L personally appeared -m I& L. /xrvl% I (Name[s] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the persono whose name(# islare subscribed to the within instrument and acknowledged to me that he/shd&ey executed the same in his/b&beir authorized capacity(ies), and that by hislb&t&signature($) on the instrument the person(#), or entity upon behalf of which the person($) acted, executed the instrument. "i m4-- WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document &cw-& U-4 Date of Document Nouof Pages Signer(s) other than named above 4 I MASTERS/FORMS/ENCROAHMENT AGREEMENT REV. 12/24/97 EXFLIBIT “A” PR 03-117 LOT 4, IN BLOCK ”I” OF PALISADES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 5,1923. ’* . EXHIBIT “B” PR 03-117 CHINQUAPIN AVENUE AS DEDICATED BY MAP OF “PALISADES”, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1747, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 5,1923. THE CENTERLINE OF THE PRIVATE STORM DRAIN PIPE IS LOCATED IN A PORTION OF CHINQUAPIN AVENUE; DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 4 IN BLOCK I OF ABOVE DESCRIBED MAP NO. 1747, THENCE ALONG THE SOUTH LINE OF SAID LOT 4 SOUTH 55’13’20” WEST 67.94 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36’16’32” EAST 40.40 FEET.