HomeMy WebLinkAboutPR 05-61; Vigilucci, Roberto; 2005-0673188; Encroachment AgreementDOC # 2005-08731 88
RECORDING 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
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AUG 08,2005 8:17 AM
D FFI C IAL RE Ci3 H D 5; 5P.N DlEliCl LUUNT'r" HECURDER'CJ OFFICE LHECiOH'('J SMiTH. ILUUI4T'r' RECORDER FEE5 0. nu PAGES: 9
ASSESSOR'S PARCEL NO.: 204-253-20
PROJECT NO. & NAME: PR 05-61
Vigilucci's Seafood and Stakehouse
Windscreen and firerit
RIGHT-OF-WAY PERMIT NO.:
ENCROACHMENT AGREEMENT .
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Roberto Vigilucci, a single man ("Owner"), in accordance
with Chapter 11 .I6 of the Carlsbad Municipal Code.
1. The Propertv. Owner is the owner of that certain real property located at 3878
Carlsbad Blvd., within the City of Carlsbad, San Diego County, California, Assessor's Parcel
Number 204-253-20-00, and more particularly described in Exhibit "A", attached hereto and
incorporate 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 a windscreen and fire pit with gas line to remain in a portion of the public
right-of-way 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.
(€3) 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.
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H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002
(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 Agreement. 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
Roberto Vigilucci
3878 Carlsbad Blvd.
Carlsbad CA 92009
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 Assigns. 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.
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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 party.
IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 08 day of SdL-/ ,20 0 5.
CITY OF CARLSBAD
Public Works Director
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By: - Deputy City Attaney
3 HYDEVELOPMENT SERVICESIMASTERSIAGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002
State of California 1 1
County of San Diego )
h\fEil 13acl On )mSre mek (Name, Title of Officer) ~ (Date)
personally appeared %bvb \I\ci\~!LI 1
(Namewf Signem
personally known to me - OR- (0-e b asis of satisfactory evidence) to be
the personM whose namew iske subscribed to the within instrument and acknowledged to
me that he/Ske/kexecuted the same in his/hwhw authorized capacityw), and that by
his/hwk signatureN on the instrument the personkor entity upon behalf of which the
personhacted, executed the instrument.
WITNESS my hand and official seal n "\
OFFICIAL SEAL CHRIST1 WAYMIRE NOTARY PUBLIC-CAJIFORNIA $ COMM. NO. 13.28827 -
(This area for
official notary seal)
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HYDEVELOPMENT SERVlCESlMASTERSlAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002
EXBIBIT -. 'A'
PARCEL 1 OF PARCEL MAP NO. 3713, IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ON FILE IN THE OFFICE OF TffE
COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 21, 1975 AS FILE/PAGE
NO. 75-092233 OF OFFICIAL RECORDS.
Page 1 of 1
EXHIBIT B
PR 05-61
LEGAL DESCRIPTION OF
PUBLIC RIGHT-OF-WAY
BEING A PORTION OF CARLSBAD BOULEVARD PUBLIC RIGHT-OF-WAY, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ON
FILE IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO.
ALL WITHIN THE BOUNDARIES OF THE FOLLOWING DESCRIBED AREA:
BEGINNING AT THE WESTERLY CORNER OF PARCEL 1 OF PARCEL MAP NO. 3713,
ALSO CALLED THE POINT OF BEGINNING, ALSO THE BEGINNING OF A NON-
TANGENT 7,935.00-FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE
ALONG THE ARC OF SAID CURVE
1. SOUTHEASTERLY
2. SOUTHEASTERLY
114.77 FEET THROUGH A CENTRAL ANGLE OF
TANGENT 25.00-FOOT RADIUS COMPOUND
00'49'43"; TO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY; THENCE
ALONG THE ARC OF SAID CURVE
39.16 FEET THROUGH A CENTRAL ANGLE OF
89'44'39"; THENCE
3. NORTH 55'28'35" EAST 17.87 FEET; THENCE
4. SOUTH 34'31'25" EAST 2.28 FEET; THENCE
5. SOUTH 55'28'35" WEST 22.96 FEET TO THE BEGINNING OF A TANGENT
36.00-FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE ALONG THE ARC OF
SAID CURVE
6. NORTHEASTERLY
7. NORTHWESTERLY
56.43 FEET THROUGH A CENTRAL ANGLE OF
89"48'25"; TO THE BEGINNING OF A
TANGENT 7,935.00-FOOT RADIUS COMPOUND
CURVE CONCAVE NORTHEASTERLY; THENCE
ALONG THE ARC OF SAID CURVE
106.06 FEET THROUGH A CENTRAL ANGLE OF
00 ' 4 5 57" ; THENCE
Page 1 of2
8. NORTH 55'28'35" EAST 16.06 FEET TO THE POINT OF BEGINNING AND
AS SHOWN ON EXHIBIT 'C'.
SAID PARCEL CONTAINS 2,234 SQUARE FEET, MORE OR LESS
Page 2 of2
SHEET f OF 2
LOT 6 bALISADES, BLOCK 0 -#NO.1747 rrpIm *_..._I w 7
PMW MAP NO. 371 3
EXISTINO ENCROACHMENT
PRIVATE LANDSCAPING AND
WING PER CITY
AND OUTDOOR DINING AREA
WINDSCREEN SEE DETAIL SHEET 2
- -----
LEGAL DESCRIPTION:
W?CE-L 7 OF PARCEL AaAP NO. 371 3, IN TNE CIN OF CARLSBAD, COUNN OF SAN NE GO, STATE OF CALIFORNIA.
PM 204-253-20
JDlCAlfS AREA OF ENCROACHMENT (AR€A=2,233.60 SF) a