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Home My WebLink AboutPR 4.48; Aviara Land Associates; 1991-0581674; Encroachment Agreement- 1739 RECORDING REQC-ASTED BY i r--II # 1991* AND WHEN RECORDED MAIL TO: P2-Hov-1P91 L'zJ-3P t-fog City Clerk's Office i @F;CIh! RECORDS City of Carlsbad 1 S&j fjfE@ [g#/Ty RECDAifER'S $FICE 1200 Carlsbad Village Drive ) BH#ETTE EN%S~ SOUNTY RECMIER Carlsbad, CA 92008 ! RF: 9.3-l ,FEES: 23*0 BF: !3.00 J SF. ENCROACHMENT AGREEMl%T '*'" FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT This ENCROACHMENT AGREEMENT (llAgreementll) is entered into between the CITY OF CARLSBAD (1CCity81) and Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, (llOwnerll), in accordance with Chapter 1X.16 of the Carlsbad Municipal Code. 1. The ~Pr%&ertv Owner is the owner of that certain real property locate&at 680; Aviara Drive, within the City of Carlsbad, San Diego County, California, Assessorrs Parcel Number 215-610-42, and more particularly described in Exhibit 'IA", attached hereto and incorporated 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 @Bll attached hereto and incorporated by reference. 3, The Encroachment. City hereby covenants and agrees and grants its permission to Owner to build guard station at entrance of Aviara Drive (Private street). A plat showing the location of the encroachment is attached as Exhibit flC*l attached hereto and to the incorporated by reference. This Agreement is subject following terms and conditions; (A) The encroachment shall be install&i 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 af4 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 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 AGREEMENTWAG-116.FRM 1 REV 6/b/91 n 17p’ by tile City with respect to t e 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. (E) Prior to installation of the encroachment, the Owner shall process a construction revision to Improvement Plan Drawing NO. 295-1, Sheet 4 of 15 incorporating protective measures to prevent damage to the existing sewer line to the satisfaction of the City Engineer. (F) Prior to installation of the encroachment, the Owner shall provide the City Engineer proof that the Carlsbad Municipal Water District has approved building plans for the construction of the encroachment. 4. Entire Asreement. This Agree%kentcons%zitutes 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. aJotices. 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 of Carlsbad D.L. Clemens 2075 Las Palmas Drive Aviara Land Associates Carlsbad, CA 92009-4859 2011 Palomar Airport Rd., #206 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 Assians. 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. AGREEMENTWAG-11B.FRM 2 REV 6/b/91 k II *h lZ!$l I 8. Canatiitv. Each party represel&s that the person(s) I 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, this parties hereto have executed this Agreement on this 26th day of September , 19 91 ; ATTEST BY: Aviara Land Associates Limited Partnership, A Delaware Limited Partnership City Clerk Vice President Title: Assist,ant Secretary By: Republio Development Company, A Cal%fornia Corporation, General Title: Assistant Secretary Mayor AGREEMENTS/AC-llB.FRM 3 REV 6/4/91 STATE OF CALIFORNIA I COUNTY OF San Diego I ss. 1742 On September 26. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me v . . . 1 to be the person who executed the within instrument as the Vice President and John K. Alstrom personally known to me -he . . . c to be the person who executed the within instrument as the Assistant Secretary of Aviara Land Company, a Delaware corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. (Seal) STATE OF CALIFORNIA COUNTY OF San Diego kA& d- &y@&/+fiie NOTARY PUBLIC I 1 ss: I On September 26. 1991 before me, the undersigned, a Notary Public in and for said State, personally appeared D.L. Clemens, personally known to me vn . 6 to be the person who executed the within instrument as the Vice President, and John K. Alstrom, personally known to me me o be the person who executed the within instrument as the Assistant Secretarv of Republic Development Company, a California corporation, the corporation that executed the within instrument on behalf of Aviara Land Associates Limited Partnership, a Delaware Limited Partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. /Am& a. 0 $?JbyiCG NOTARY PUBLIC (Seal) EXHIBIT ‘A Parcel 1 of Parcel Map 16451 filed in the office of the County Recorder of San Diego County on April 15, 1991, in the City of Carlsbad, County of San Diego, State of California. _.- -- - . - 1744 EHlIBIT "W' . LEGAL DESCRIPTION EXISTING GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF -- CARLSBAD DEDICATED PER CITY OF CARLSBAD TRACT 85-35 AVIAEZA PHASE I UNIT "D" ACCORDING TO MAP THEREOF NO. 12412 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29,1989; TOGETHER WITH AN EXISTING GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD DEDICATED PER PARCEL MAP NO. 16451 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APRIL 15, 1991, AL& IN TEE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. . 1745 . ’ 1745 I ,( I ,( PLiT OF PROKiT PLiT OF PROKiT . . . . 63 d --•-%-, c I aGhc;+r /QdIL Bake /QdIL cy cy c c - - - - -..-- -..-- . 8 GENERAL urlL.lirY $ ACCESS EAS&/VIE-NT t ENCROACHMEU ENCROACHMEU PROJECT NAME ABOVE GROUND ENCROACHMENT PROJECT EXHIBIT FOR 6800 AVIARA DRIVE NUMBER PR4.48 C