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Home My WebLink AboutRP 04-04A; Carlsbad Redevelopment Agency; 2007-0689287; Encroachment AgreementDOC# 2007-0689287 IIII RECORDING 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 OCT 29, 2007 11:33 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J. B MIT H. CO Li N TY R E CO R D E R FEES: 0.00 PAGES:10 3764 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-102-33-00 PROJECT ID: RP 04-04A PROJECT NAME: Roosevelt Garden Condominiums RELATED PROJECT ID: PR 07-67 RELATED PROJECT ID: N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Carlsbad Redevelopment Agency ("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 2578 Roosevelt Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-102-33-00, 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 utility and public utility access 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 enhanced paving to remain in a portion of the public utility and public utility access 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\RP FILES\RP 04-04A, Roosevelt Garden Condos, Rick, 8-21-06\Deeds-Easement\PR 07-67 Roosevelt ENCROACHMENT AGREEMENT Rev 4-2007 doc REV. 011/18/2005 3765 (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the no;;ce 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 Carlsbad Redevelopment Agency City of Carlsbad 2965 Roosevelt Street, Suite B 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\RP FILES\RP 04-04A, Roosevelt Garden Condos, Rick, 8-21-06\Deeds-Easement\PR 07-67 Roosevelt ENCROACHMENT AGREEMENT Rev 4-2007.doc REV 011/18/2005 3766 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 fti/i/ftMWf 20<n . OWNER CITY OF CARLSBAD Carlsbad Redevelopment Agency ROBERT T. JOHNSON, JR., P.E. City Enojneer (Sign Here) David A I lauser, Deputy City engineer _jb»^~ <_> . w*"' e' T,TSA HIT .PARR AND, ASSISTANT CITY MANAGER (Print Name Here) r.C4^XJ nv\d/(. Mauser; CE 33081 EXP. 0 gXPf-^ — - By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: City AtTorney 3 H:\Development Services\PROJECTS\RP FILES\RP 04-04A, Roosevelt Garden Condos, Rick, 8-21-06\Deeds-Easement\PR 07-67 Roosevelt ENCROACHMENT AGREEMENT Rev 4-2007.doc REV. 011/18/2005 3767 State of California County of San Diego On 1.BMY7 before me, PaVnnfi U (date) ' personally appeared Lj<=-,fl (Name, Title of Officer) Fbblic (Name[s] of Signer[s]) personally known to me - OR- for proved to me on the basis of oaticfaotory evidence1) to be the person^ whose nameXJ^ is/are subscribed to the within instrument and acknowledged to me that be/she/th^ey executed the same in,hts/her/tbeir authorized capacity(i^£ and that by -his/her/their signature^ on the instrument the persojj^f, or entity upon behalf of which the persdrrts^acted, executed the instrument. WITNESS my hand and official seal MTRCM L CRESCENT! CommMon * 1661400 Comma SanOtoooCour* Signature of (This area for official notary seal) Title or Type of Document fe^r rn Date of Document Signer(s) other than named above «,W»^ brave^srt6 No. of Pages 3» H:\Development Services\PROJECTS\RP FILES\RP 04-04A, Roosevelt Garden Condos, Rick, 8-21-06\Deeds-Easement\PR 07-67 Roosevelt ENCROACHMENT AGREEMENT Rev 4-2007.doc REV. 011 /18/2005 3768 State of California ) ) County of San Diego ) On August 21, 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 Signature of Notary BtLINDA * GUZMArT1 CommiMion # 1565777 Notary Puttte. California San Diego County • MyComm. Expires Mor3i.3nnol^•••i I (This area for official notary seal) 3769 EXHIBIT 'A' LEGAL DESCRIPTION PR 07-67 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: Lot 44 of Seaside Lands, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 1722, filed in the Office of the County Recorder of said San Diego County, July 28, 1921. Excepting therefrom the Northeasterly 140.50 feet thereof, said Northeasterly 140.50 feet being measured along the Southeasterly line of said lot and parallel with the Northeasterly line of said Lot 44. APN: 203-102-33-00 GARY A. LINTVEDT, LS 4593 DATE MY REGISTRATION EXPIRES 9/30/08 F:\WINDATA\JOBS\12308.03 RoosevelftLegal Description for ERA\Exhibit A -Lot 44.doc PAGE 1 OF 1 3770 EXHIBIT 'B' LEGAL DESCRIPTION PR 07-67 PORTIONS OF LOT 44 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JULY 28, 1921, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 'A' A STRIP OF LAND 30.00 FEET WIDE, 15.00 FEET ON EITHER SIDE OF THE FOL- LOWING DESCRIBED CENTERLINE: BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 44, BEING ALSO A POINT IN THE NORTHEASTERLY LINE OF ROOSEVELT STREET (50.00 FEET WIDE); THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 44 (BEING ALSO SAID NORTHEASTERLY LINE OF ROOSEVELT STREET) SOUTH 34°00'24" EAST 37.97 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID SOUTHWESTERLY LINE OF SAID LOT 44 NORTH 55°50'08" EAST 43.53 FEET TO A POINT 'A'; THENCE CONTINUING NORTH 55°50'08" EAST 50.01 FEET TO A POINT 'B'; THENCE CONTINUING NORTH 55°50'08" EAST 61.84 FEET; THENCE SOUTH 34°09'52" EAST 12.51 FEET TO A POINT 'C'; THENCE CONTINUING SOUTH 34°09'52" EAST 42.09 FEET TO A POINT 'D'; THENCE CONTINUING SOUTH 34°09'52" EAST 16.86 FEET MORE OR LESS TO A POINT OF TERMINA- TION IN THE SOUTHEASTERLY LINE OF SAID LOT 44. THE SIDELINES OF SAID 30-FOOT WIDE STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHWESTERLY IN THE SOUTH- WESTERLY LINE OF SAID LOT 44 AND SOUTHEASTERLY IN THE SOUTHEAST- ERLY LINE OF SAID LOT 44. PARCEL 'B' A STRIP OF LAND 8.00 FEET WIDE, 4.00 FEET ON EITHER SIDE OF THE FOLLOW- ING DESCRIBED CENTERLINE: BEGINNING AT POINT 'A' AS DESCRIBED ABOVE; THENCE SOUTH 34°09'52" EAST 18.00 FEET. EXCEPTING THEREFROM THAT PORTION LYING IN PARCEL 'A'. PARCEL 'C' A STRIP OF LAND 5.00 FEET WIDE, 2.50 FEET ON EITHER SIDE OF THE FOLLOW- ING DESCRIBED CENTERLINE: F:\WINDATA\JOBS\12308.03 RooseveltVLEGAL DESC FOR ENCR PERMIT.doc PAGE 1 OF 3 BEGINNING AT POINT 'B' AS DESCRIBED ABOVE; THENCE SOUTH 34°09'52" 3771 EAST 31.45 FEET. EXCEPTING THEREFROM THAT PORTION LYING IN PARCEL 'A'. PARCEL 'D' A STRIP OF LAND 10.00 FEET WIDE, 5.00 FEET ON EITHER SIDE OF THE FOL- LOWING DESCRIBED CENTERLINE: BEGINNING AT POINT 'C' AS DESCRIBED ABOVE; THENCE NORTH 55°50'08" EAST 23.79 FEET. EXCEPTING THEREFROM THAT PORTION LYING IN PARCEL 'A'. PARCEL 'E' A STRIP OF LAND 6.00 FEET WIDE, 3.00 FEET ON EITHER SIDE OF THE FOLLOW- ING DESCRIBED CENTERLINE: BEGINNING AT POINT 'D' AS DESCRIBED ABOVE; THENCE NORTH 55°50'08" EAST 35.71 FEET. EXCEPTING THEREFROM THAT PORTION LYING IN PARCEL 'A'. GARY K. LINTVEDT, LS 4593 DATE MY REGISTRATION EXPIRES 9/30/08 F:\WINDATAUOBS\1 2308.03 RoosevelhLEGAL DESC FOR ENCR PERMIT.doc PAGE 2 OF 3 ROOSEVELT GARDEN CONDOMINIUMS PUBLIC UTILITY AND PUBLIC UTILITY ACCESS EASEMENT 3^72 N34'01'19"W 109.44' (N34'01'34"W 109.43' ROS 18145) PORTION LOT 44 MAP 1722 m en *fr CM CM r> o CM u~> CM in^ mCM z ^ PT. C, POB PARCEL 'D' A-'- .N34'09'52"W 71.46'A^ PT.'D', POB- PARCEL 'E' en CN CM PT.'B POB PARCEL 'C PARCEL'E 16.86' 7 m N34-09'52"W 31.45' CM rO CM CM PARCEL 'A' lp:y-:p PARCEL 'C1 N34'09'52"W 18.00' PT. A POB-I * m CM CO O CM CDm POB PARCEL 'A TPOB PARCEL 'A' EASEMENTS EASEMENT JO SAN DIEGO GAS & ELECTRIC COMPANY FOR PUBLIC UTILITIES, INGRESS & EGRESS, RECORDED JANUARY 13, 1966 AS INSTRUMENT NO. 7463, OF OFFICIAL RECORDS. EASEMENT TO CITY OF CARLSBAD FOR PUBLIC SIDEWALK, RECORDED OCTOBER 13, 1977 AS INSTRUMENT NO. 77-420941, OF OFFICIAL RECORDS. N34°00'24"W 109.39' (109.39' ROS 18145) ROOSEVELT STREET Or in CM m CM om August 3, 2007 W.O. 12308.03 ENCROACHMENT: EXHIBIT 'C' CT)C\l CNJn CMu% "m^ .'"CM OCM LO inm PUBLIC UTILITY AND PUBLIC UTILITY ACCESS EASEMENT ENCROACHMENT: ENHANCED PAVING WITHIN 30' PUBLIC UTILITY AND PUBLIC UTILITY ACCESS EASEMENT V\v^, "; .t *. . ' » W -T ~r^ *^ ^: -.'-W* •:.'"• ^- N34'01 I ' 'I r'-i «-,-" . / :-' . .1 .'•• tV ;•• • .j »\ • ••••••1 1 1 . ' '•' ^ ^ '19"V\ SnJ II - •.••: W:1 1II II .' > / 1 1C -n ."/ r "••% 1 ^ ^I z: i> a=in°* I. § * 4 \ V ^ * ' > A* • .V ;\ ;. ' \ • i§oS^1^ V L " ' ' • •- n*.. .**'•• JL • -15h ' .'•^'^' j| |T-i_j , — i ITT v 1 J _ .ULJ -I-U 377? A.P.N. 203-102-33 ADDRESS: 2578 ROOSEVELT STREET CARLSBAD, CA. 92008 LEGEND: WATERLINE EASEMENT ENHANCED PAVING SIDEWALK CURB PROPERTY LINE N34-00'|24"W 109.39' ROOSEVELT STREET EASEMENTS: EASEMENT TO SAN DIEGO GAS & ELECTRIC COMPANY FOR PUBLIC UTILITIES, INGRESS & EGRESS, RECORDED JANUARY 13, 1966 AS INSTRUMENT NO. 7463. OF OFFICIAL RECORDS. EASEMENT TO CITY OF CARLSBAD FOR PUBLIC SIDEWALK, RECORDED OCTOBER 13, 1977 AS INSTRUMENT NO. 77-420941, OF OFFICIAL RECORDS. August 3, 2007 W.O. 12308-3 ROOSEVELT GARDEN CONDOMINIUMS PR-07-67