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Home My WebLink AboutPR 07-126; Orth, Gregory Alan, trustee; 2008-0204258; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DQC# 2008-0204258 APR 17, 2008 11:10 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 0.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-112-26 PROJECT ID: N/A PROJECT NAME: ORTH RESIDENCE RELATED PROJECT ID: PR 07-126 RELATED PROJECT ID:N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Gregory Alan Orth, trustee of the Gregory Orth Family Trust dated April 26, 2005, that real property in the City of Carlsbad, County of San Diego, State of California, described in Exhibit "A" attached hereto and incorporated herein ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 1251 Basswood Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 205-112-26, 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 Public Street and Public Utility 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 approximately 231 feet of drain pipe and a 24 inch X 24 inch vault to remain in a portion of a Public Street and Public Utility easement for Basswood Avenue. 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 maintained in a safe anH 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, 1 H:\Development Services\Projects\PR FILES\PR 07\PR 07-126 Orth Residence - RicMPR 07-126 ORTH ENCROACHMENT AGREEMENT Rev 7-2007.docREV. 07/26/07 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 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 Greg Orth City of Carlsbad 1251 basswood Avenue 1635 Faraday Avenue Carlsbad, CA 92008 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 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. 2 H:\Development Services\PROJECTS\PR FILES\PR 07\PR 07-126 Orth Residence - RicMPR 07-126 ORTH ENCROACHMENT AGREEMENT Rev 7-2007.docREV 07/26/07 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 _ day of_iju3 , 20£>o . OWNER Gregory Alan Orth, trustee of the Gregory Orth Family Trust dated April 26, 2005 By: _ ~~ (Sign Here) By: Gregory Alan Orth, Trustee (Sign Here) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Servioes\PROJECTS\PR FILES\PR 07\PR 07-126 Orth Residence - Rick\PR 07-126 ORTH ENCROACHMENT AGREEMENT Rev 7-2007.docREV. 07/26/07 State of California County of San Diego On (Date) personally appeared before me, Jodl V. Schmalt (Name, Title of Officer) (Name[srof SfgJier[s]) • (or proved to me on the basis of satisfactory evidence) to be the person^ whose namej^j^aw subscribed to the within instrument and acknowledged to me that(h£D9he/tbey executed the same in @yher/thoir authorized capacity(jes'), and that by (Kj^/bef/their signature^ on the instrument the person(#f, or entity upon behalf of which the person^ acted, executed the instrument. ^TCerhrv (jujj&r ft/\al"fvi \ >A i3*fhx£> seal /^ \ (This area for official notary seal) Title or Tvoe of Document fe<2/TXl^Ain^-f' r\8F&&me/i Date of Document '*/6?-£» No. of Pages ^r "f" /-€<i» Signer(s) other than named above "Tt^O /• 9QJ +- W&JP H:\Development Services\PROJECTS\PR FILES\PR 07\PR 07-126 Orth Residence - Riok\PR 07-126 ORTH ENCROACHMENT AGREEMENT Rev 7-2007.docREV. 07/26/07 EXHIBIT A Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: THAT PORTION OF BLOCK 2 OF MULL'S ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SANDIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 514, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN'DIEGO COUNTY, MARCH 22,1888, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 OF SAID MULL'S ADDITION TO CARLSBAD, DISTANT THEREON SOUTH 89° 05' 00" EAST, 360.00 FEET FROM THE INTERSECTION OF THE WESTERLY PROLONGATION OF THE SAID NORTHERLY LINE OF BLOCK 1 AND THE WESTERLY LINE OF THAT UNNAMED STREET LYING IMMEDIATELY WEST OF AND ADJOINING SATO BLOCK 1, SAID POINT OF BEGINNING BEING ALSO THE NORTHEAST CORNER OFLOT21 OF OPTIMO TRACT NO. 2, ACCORDING TO MAP THEREOFNO. 2151, RECORDS OF SAN DIEGO COUNTY; THENCE ALONG SAID EASTERLY PROLONGATION OF THE NORTHERLY LINE OF BLOCK 1 AND THE NORTHERLY LINE OF SAID BLOCK 2, SOUTH 89° 05' 00" EAST A DISTANCE OF 122.45 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00° 52' 00" EAST, 200.00 FEET TO A POINT' THENCE SOUTH 89° 05' 00" EAST A DISTANCE OF 80.00 FEET TO A POINT IN THE EAST LINE OF THE LAND CONVEYED TO H. FRANK THOMAS, ET UX, BY DEED RECORDED MAY 15,1946 IN BOOK 2135, PAGE 44 OF OFFICIAL RECORDS; THENCE NORTH 00° 52' 00" EAST ALONG SAID EAST LINE OF SAID THOMAS LAND, 200.00 FEET TO A POINT ON THE NORTHERLY LINE OF BLOCK 2; THENCE NORTH 89° 05' 00" WEST A DISTANCE OF 80.00 FEET TO THE TRUE POINT OF BEGINNING. . ALS 0 ALL THAT PORTION OF THE UNNAMED STREET LYING BETWEEN THE NORTHERLY LINE OF THE ABOVE DESCRIBED PROPERTY AND THE NORTHERLY LINE OF SAID.MULL'S ADDITION TO CARLSBAD, AND BETWEEN LINES DRAWN NORTHERLY AT RIGHT ANGLES TO THE NORTHERLY LINE OF SATO ABOVE DESCRIBED PROPERTY FROM THE NORTHEAST AND NORTHWEST CORNER OF SAID PROPERTY. APN: 205-112-26-00 MORE COMMONLY KNOWN AS: 1251 BASSWOOD AVENUE, CARLSBAD, CALIFORNIA 92008 EXHIBIT B Basswood Avenue, dedicated for Public Street and Public Utility easement purposes per Mull's Addition according to Map Thereof No. 514, filed in the Office of the County Recorder of San Diego County, March 22, 1888. LOCATION MAP 3 SDR-35 PVC STROM DRAIN ^£ BASSWOODAVE. EDGE OF PVMT.^ UJ SUJ \PUBLIC STREET &\pnmir imiiTY ESMT. /(RIGHT-OF-WAY) 5n/_.•^ 1 PRECASrPCC WL«.r W/ 7R/4FF/C I RATED LID I 1251 BASSWOOD I PR/W7E 2" PVC PUMP DISCHARGE LINE I •PRIVATE PUMP LEGAL DESCRIPTION: A PORTION OF BLOCK 2 OF MULL'S ADDITION TO CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 514, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 22, 1888. APN: 205-112-26 NOT TO SCALE PROJECT NAME ORTH RESIDENCE PROJECT NUMBER PR07-126 EXHIBIT DRAWN BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 12/13/07 C: \DEVELOPUENT PROJECTS\PR\PR07-126.DY/G CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County On personally appeared IROSf S. FONSfCA Commtoilon * 1773529 Notary PutoHc - California f San Oi*go County who 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS Place Notary Seal Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here & 2007 National Notary Association- 9350 DeSotoAve., P.O. Box 2402- Chatsworth, CA 91313-2402-www.NatioralNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827