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Home My WebLink AboutPR 07-63; Jefferson Associates LLC; 2007-0603867; 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# 2007-0603867 SEP 13, 2007 3:13 PM OFFICIAL RECORDS c,i,N DIERQ COUNTY RECORDER'S OFFICE GREGORY! SMITH. COUNTY RECORDER FEES: 31.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-170-41-00 PROJECT ID: PROJECT NAME: Buena Vista Cr Drainage Vault RELATED PROJECT ID: PR 07-63 RELATED PROJECT ID: RW 07-363 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Jefferson Associates LLC, a California limited liability company ("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 2601 Jefferson Street, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 155-170-41-00 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 Public Street and Public Utility purposes 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 drainage vault to remain in a portion of the 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 1 H \Development Services\PROJECTS\PR FILES\PR 07-63 Arbors - Ontiveros\ENICROACHMENT AGREEMENT Rev 4-2007(PR 07-63) doc REV 011/18/2005 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 Jefferson Associates LLC City of Carlsbad 1220 Ensenada Avenue 1635 Faraday Avenue Laguna Beach CA 92651 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 07-63 Arbors - Ontiveros\ENCROACHMENT AGREEMENT Rev 4-2007(PR 07-63).doc REV 011/18/2005 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 J day of JuZV __ 20<9V<9 OWNER Jefferson Associates, LLC, a California limited liability company By: Its managing member, James L Hardy (Sign James L. Hardy (Print Name Here) By: (Sign Here) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. Acting City Engineer Davic^/A7 Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Services\PROJECTS\PR FILES\PR 07-63 Arbors - Ontiveros\ENCROACHMENT AGREEMENT Rev 4-2007(PR 07-63).doc REV. 011/18/2005 State of California County of San Diego / (Name, Title of Office/)(Date personally appeared (Namely] of Signer^) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person^) whose namej#5 is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/thoir authorized capacity(ies}, and that by his/hef/their signature^ on the instrument the person^, or entity upon behalf of which the person(s^r acted, executed the instrument. WITNESS my hand and official seal Sign (This area for official notary seal) Title or Tvpe of Document Date of Document Signer(s) other than named above No. of Paqes H development Services\PROJECTS\PR FILES\PR 07-63 Arbors - Ontiveros\ENCROACHMENT AGREEMENT Rev 4-2007(PR 07-63).doc REV 011/18/2005 State of California ) ) County of San Diego ) On August 29, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared John G. O'Donnell, personally known me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal BELINDA R. GUZMAN Commission # 1565777 Notary Public - California San Diego County My Comm. Expires Mar 31.2009f Signature of Notary (This area for official notary seal) EXHIBIT "A" PROPERTY LEGAL DESCRIPTION The Northerly 76.00 of the Easterly 135.00 feet of that portion of Lot 1 of Section 1, Township 12 South, Range 5 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plat thereof, described as follows: Beginning at the Northeast corner of said Section 1; Thence along the East line of said Section 1, South 0°05' West 492 feet to the True Point of Beginning; Thence continuing South 0°05' West 176 feet; Thence North 89°55' West 495 feet, more or less, to the West line of the East 15 acres of said Lot 1; Thence along said West line North 0°05' East 176 feet; Thence South 89°55' East 495 feet to the True Point of Beginning. PR 07-63 Buena Vista Cr Drainage EXHIBIT "B" EASEMENT Buena Vista Circle, dedicated for Public Street and Public Utility easement purposes per Resolution No. 45, dated May 5, 1953. 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