The URL can be used to link to this page

Home My WebLink AboutPR 10-08; Altamira Unit No 4 HOA; 2010-0265093; 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 DOCtt 2010-0265093 MAY 26, 2010 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 0.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-371-38-00 PROJECT ID: PR 10-08 PROJECT NAME: ALTA MIRA UNIT NO. 4 RELATED PROJECT ID: RW 10-63 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Altamira Unit No. 4 Homeowners Association, a California Corporation not for profit ("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 6750 Paseo Del Norte, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 214-371-38-00, 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 public right of way 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 conduit and electricity for the existing flagpole 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. (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. H:\Development Services\PROJECTS\PR FILES\PR 02\PR 02-147 Altamira Flagple and Sign - BarrowsVENCROACHMENT AGMT (Electric), Revised 1-10-08.doc (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 Altamira Unit No. 4 City of Carlsbad Homeowners Association 1635 Faraday Avenue 6750 Paseo Del Norte Carlsbad CA 92008 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. 2 H:\Development Services\PROJECTS\PR FILES\PR 02\PR 02-147 Altamira Flagple and Sign - BarrowsVENCROACHMENT AGMT (Electric), Revised 1-10-08.doc 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 y%> day of ^p ati^ 20 fd . OWNER Altamira Unit No. 4 Homeowners Association (Print Name (Sign Here) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney By:.Deputy City Attorne H:\Development Services\PROJECTS\PR FILES\PR 02\PR 02-147 Altamira Flagple and Sign - Barrows\ENCROACHMENT AGMT (Electric), Revised 1-10-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On /20/0 Date personally appeared before me, ^ Of Of\ ?1 6\" i Here Insert Name and Title of the Officer *7 Name(s) of Slgner(s) OFFICIAL SEAL ROHITA R. RABADIA.NOTARY PUBLIC-CALIFORNIA™ COMM. NO. 1845722 " SAN DIEGO COUNTY MY COMM. EXP. APR. 20, 2013 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)^S/are subscribed to the within instrument and acknowledged to me that /fte/she/they executed the same in K$p/her/their authorized ^apacity(ies), and that by^^herAheir 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. Place Notary Seal Above WITNESS my hand and official seal. Signature. OPTIONAL - Signature of Notary Public 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: Pr~T\ C*~O Q Cr\ Document Date: ___ • /"" Signer(s) Other Than Named Above: Capacities) Claimed by Signer(s) . Number of Pages:. 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 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: RIGHTTHUMBPRINTOF SIGNER Top of thumb here O2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NatkmalNotary.org Item #5907 Reorder Call Toll-Froe 1 -800-876-6827 H:\Development Services\PROJECTS\PR FILES\PR 02\PR 02-147 Altamira Flagple and Sign - (Electric), Revised l-10-08.doc Barrows\ENCROACHMENT AGMT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date ' personally appeared before me, H6re Insert Name'and Tide of the Officfer Name(s) of Slgner(s) JEFF B. LANQFORDCOMM. #1782512NOTARY PUBLIC-CALIFORNIASAN DIEGO COUNTYMy Commission Expires NOVEMBER 29.2011 who proved to me on the basis of satisfactory evidence to be the person(pf whose name^f is/ajWsubscribed to the within instrument and acknowledged to me that >6?she/th6y executed the same in Jji^her/theTr authorized capacity(jeS), and that by bisTher/thelf signature(er) on the instrument the person^ or the entity upon behalf of which the person(a) 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 my hand and official seal. 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 Flepresenting:. 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:. RIGHT THUMBPRINT OF SIGNER Top of thumb here C2007 National Notary Association'9350 DeSotoAve., P.O. Box 2402-Chatsworth.CA 91313-2402'www.NattonalNotary.org ltem#5907 Reorder: Cad Totf-Free 1-800-876-6827 H:\Development Services\PROJECTS\PR FILES\PR 02\PR 02-147 Altamira Flagple and Sign - Barrows\ENCROACHMENT AGMT (Electric), Revised 1-10-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Qiftf* On MtLiL- £\ Date personally appeared before me, Name(s) of Signer(s) TfWE L. ROWLEY ICommiMlon * 1773554 I Notary Public - CoWhxnla | San DMgo County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the persontef whose name(sf is/a/6 subscribed to the within instrument and acknowledged to me that he/sja^/they executed the same in his/hefVthafr authorized capacity(ies), and that by his/h^r/theX signature^ 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 my hand and official seal.~T" . o" Signature * jM/^L. —i OPTIONAL Signature of Notary Public 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: A 0 a (7Document Date: v -Mt-^ ^. Number of Pages:3W K - 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: _ RIGHT THUMBPRINT 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 O2007 National Notary Association- 9350 DeSotoAve., P.O. Box 24O2«Chatswortri,CA 91313-2402 • www.NatfonalNotaiyorg ltem#5907 Reorder Call Toll-Free 1-800-876-6827 F:\KATHY\KATHY\ENCROACHMENTS\VONSENCROACHMENTAGMT (Draft2), Revised 1-10-08.doc Exhibit A Legal Description of Property Lot 138 of Carlsbad Tract 76-04, Altamira Unit No. 4, in the City of Carlsbad County of San Diego, State of California according to map thereof No. 8423, filed in the office of the County Recorder of San Diego County, November 26, 1976. Exhibit B Legal Description of Easement Public Right of Way purposes to the City of Carlsbad dedicated on Carlsbad Tract 76-04, Altamira Unit No. 4, in the City of Carlsbad County of San Diego, State of California according to map thereof No. 8423, filed in the office of the County Recorder of San Diego County, November 26, 1976. LOCATION MAP NOT TO SCALE CLOVER CT. PASEO DEL NORTE AREA OF ENCROACHMENT UNDERGROUND ELECTRICAL LINE RAISED MEDIAN •SIGN o UJQ GJ HEATH CT. PROJECT NAME ELDER COURT ENCROACHMENT PROJECT NUMBER PR10-08 EXHIBIT DRAW BY: SCOTT EVANS. CARLSBAD ENGINEERING DEPT. 4/1/10 Cr \DEVELOPMENT PROJECJSYR\PR10-08.DWG