HomeMy WebLinkAboutPR 4.58; St. Michaels-by-the-Sea Episcopal Church; 1992-0501207; Encroachment Agreementt RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO:
1 City Clerk City of Carlsbad 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1
ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY .,)(, i',, ,S.~( This ENCROA 'A~~~ (@Agr&&$$ment~l) is entered intc between the CITY GF"CARLSBAD (I@City**) and the parish of St, Michaels-by-the-Sea Episcopal Church in Carlsbad, a non-profil corporation, ("'Owner") I 51% accordance with Chapter 11.16 of tht Carlsbad Municipal Code.
1. me ProPertV. Owner is the oWner of that certain real property located at 2715 Carlsberd Boulevard, within the City 01 Carlsbad, San Diego County, California, Assessor~s Parcel Number 203-143-01, and more particularly described in Exhibit rlA1l, attached hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing easemenl over, under, and across Owner@s property for street purposes which easement is described as Beech Avenue as dedicated on Map 535.
3. I$bie Enc~oq$ymnt. City hereby covenafita and agrees ant grants its permission to Owner to maintain tha existing storage shed. A plat showing the location of the encroachment is attachec as Exhibit"Bfi attached hereto and incorporated by raf&rence. This Agreement is subjoct to the following terms and conditions:
(A) The encra&chxwmt shall be installed and maintained,in d safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest.
(B) The Owner s;f'lpi:Jz, a@ree ept 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 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.
AGREEMENTS/AC-llA.FRM 1 REV 6/S/9
(D) Whatever rights and obligations were acquired by the City with respect to the right-of-way and 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 Asreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and repla?es ail other agreements, oral or written, between the parties with respect to the subject matter.
5. Notice& Any natice which is reguired or may be given pursuant to this Agreement shall be sent in writing by United States mail, first class, postagepre-paid, registered or certified with return receipt reguested, or by other comparable commercial means and addressed as follows:
If to the City; If to the Owner: City of Carlsbad St. Michaels Episcopal Church 2075 Las Palmas Drive 2775 Carlshad Boulevard Carlsbad, CA 92009-4859 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. Waiv4+r . ICity's consent to or approval of any act or omission by Owner &ball not constitute a waiver of any other default by. Owner and shall not be deemed a waiver or render unnecessary C%?zy*s consent fcrr 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. Succe~~ar~dr and Assikhq. 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 relEerencs in any subsequent deeds to the property, but any failure to do so does not invalidate this provision.
AGREEMENTS/AG-llA.FRM 2 REV 6/5/91
77
8. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authorit
to execute this Agreement and by such signature(s) thereby bin such party. k
ATTEST
IN WITNESS Agreement on thi
ALETHA L. RAUTE~Z City Clerk
RONALD R, BALL
AGREEMENTWAG-llA.FRH REV 6/S/91
) STATE OF CALIF COUNTY OF ?F &A Die o
On-v 6, 1992
said Slate, personally appeared
, before me, the undersigned, a Notary Public in and for
**George E. Kinney, Jr.**
personally known to me (or 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.
(This area for official notarial seal)
SF.423.4 (REV A 7182) (CA) (INoCdDUAL) d
fOR NOTARY BRAL OR STAMP
personally known to mo (or proved to me on the baals of satletaotory I evidence) to be the person(s) whose name(a) Ware subscribrd to the
wilhin instrument and acknowledged to me that hel8helthey exrouted
the same in Ms/her/their authorlqd oapaolty(les), and that by hldherlthrlr
signature(s) on the instrument the person(s), of the entity upon behall
c 79
EXHIBIT "A" LEGAL DESCRIPTION
THE SOUTHEASTERLY 50 FEET OF THE PORTION OF BLOCK 6 IN THE TOWN OF CARLSBAD, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 2, 1888, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERLY CORNER OF SAID BLOCK 6, BEING THE
INTERSECTION OF BEECH AVENUE AND LINCOLN STREET: THENCE RUNNING SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF BEECH AVENUE 150 FEET; THENCE AT RIGHT ANGLES SOUTHEASTERLY 150 FEET; THENCE AT RIGHT ANGLES NORTHEASTERLY 150 FEET TO THE SOUTHWESTERLY LINE OF LINCOLN STREET: THENCE NORTHdESTERLY ALONG THE SOUTHWESTERLY LINE OF LINCOLN STREET TO THE POINT OF BEGINNING.
.- 80
:\ * PLAT OF PROJECT .
CARLSBAD BLVD.
AREA OF
ENCROACHMENT
40’ I < CURB TO CURB
DISTANCE Y
80’ RIGHT-OF- WAY
SIDEWALK
EXISTING L - 1
PROJECT NAME ST. MICHAEL’S BY TH
AT 2715 CARLSBI - ’
E SEA
WJ BLVD.
W By: SCOTT EVANS, CARLSBAD ENGINEERING DEPT.