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HomeMy WebLinkAboutRP 06-03; Hurley, Woolsey, Leisher; 2009-0121858; 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 DGC# 2009-0121858 MAR 11, 2009 2:05 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER. COUNTY RECORDER FEES: 30.00 PAGES: 8 6407 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-292-22 PROJECT ID: RP 06-03 PROJECT NAME: Roosevelt Center RELATED PROJECT ID: PR 07-115 RELATED PROJECT ID: RW 08-36 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Thomas J. Hurley, an unmarried man, Richard Albert Woolsey, a married man as his sole and separate property and to Marlin Eugene Leisher, an unmarried man, all as tenants in common, each with one third interest ("Owners"), 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 560-562 Carlsbad Village Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 203-295-22, 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 Owners' property for public street and public utility 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 Owners to allow 2-inch PVC storm drain pipe 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 6408 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 Richard A. Woolsey City of Carlsbad Richard And Richard 1635 Faraday Avenue 234 Venture Street Carlsbad CA 92008 San Marcos, CA 92078 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. 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. 6409 IN WITNESS WHEREOF, these parties hereto h^ive executed this Agreement on this 3J* day of Nfnifyfrhf^. 20 6%. OWNER Richard A. Woolsey, Owner (Print Nlame' Here)Thomas J. /Hu/fley, Owner By: CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Enjj« By: ____^ David A. Hause?, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (Sign He; Richard A. Wotolsey, Attorney-in-Fact (Print NaVne Here) Martin Eugfene Leisher, Owner Richard A. J^oolsey, Attorney-in-Fact (Print Name Here) RONALD R. BALL City Attorney By: Deputy CityV\ttorney 6410 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared A. Johnson Commission #1526517 Sj Notary Public - Californiam San Diego County *• I My Commission Exp. Nov. 13, 2008 \TlTi-i-i-fc-»-hmmfc»t»->-»u%->-»fc*uv«f Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^ whose namej$ (sfere- subscribed to the within instrument and acknowledged to me that (Qk/sMfriey executed the same in^B/liei/theii authorized capacity(ie«y, and that hj^hj^hnr/thffir ^ignfit1 irrf^T on the instrument the persor^g), 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 Signature. OPTIONAL - and official seal. 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: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ PjHndividual 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 6411 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S AM *^^ t^ C On "-£ is-rv^T-l -^c^oJaS before me, ' Date personally appeared IjiAVi ^ bi-AiA } *€£-i*E. l_. Xo^outXj H^T^^^M i\xj&Uc^ Here Insert Name anoV itle'of the Officer 1 AS*=£~ Name(s) of Signer(s) • ltKl.*OWieV f CanMMNton*i77SftM I HotanrfuWte-CoHfomta I tan Diego County * Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personal whose name(9) is/ac6 subscribed to the within instrument and acknowledged to me that he/sbe'/thpy executed the same in his/hXr/th^fr authorized capacity(ie^, and that by his/tyef/th/^fr signature(sf on the instrument the person^, or the entity upon behalf of which the person(sf 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. Signature > ^^^ S- 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: ' T^V Ay . Number of Pages: o> * Signer(s) Other Than Named Above:A. 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 ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 6412 Title Mo. OS-F Locate Mo. C&FNT0972-0972-OOS1-Q725112444 LI3AL DESCRIPTION EXHIBITS" LOTS 28 AND 29 IN BLOCK 34, TOGETHER WITH THOSE PORTIONS OF LOTS 30, 31 AND 32 OF SAID BLOCK 34, 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 SOUTHWEST CORNER OF SAID LOT 32; THENCE ALONG THE SOUTHWESTERLY BOUNDARY LINE OF SAID LOTS 32, 31 AND 30, A DISTANCE OF 75 FEET TO A POINT OF INTERSECTION WITH THE NORTHWESTERLY BOUNDARY LINE OF SAID LOT 30; THENCE NORTHEASTERLY ALONG SAID NORTHWESTERLY BOUNDARY LINE A DISTANCE OF 50 FEET; THENCE SOUTHEASTERLY ALONG A LINE PARALLEL WITH AND 50 FEET NORTHEASTERLY FROM SAID SOUTHWESTERLY BOUNDARY LINE OF SAID LOTS 32, 31 AND 30, A DISTANCE OF 75 FEET TO A POINT IN THE SOUTHEASTERLY BOUNDARY LINE OF SAID 32; THENCE SOUTHWESTERLY ALONG SAID BOUNDARY LINE WHICH IS ALSO THE NORTHWESTERLY LINE OF CARLSBAD VILLAGE DRIVE (FORMERLY ELM AVENUE), A DISTANCE OF 50 FEET TO THE POINT OF BEGINNING AS DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 16, 2007 AS DOCUMENT NO. 2007-0723613 OF OFFICIAL RECORDS. APN: 203-292-22 6413 EXHIBIT "B" EASEMENT DESCRIPTION A general utility and street access easernent granted to the City of Carlsbad according to Map thereof No. 535, filed in the Office of the County Recorder of San Diego County, May 2, 1888. 6414 Q ENCROACHMENT AGREEMENT PR 07-115 EXHIBIT 'C' SCALE r*50' OWNER/DEVELOPER T & G LIMITED LIABILITY COMPANY 1015 CHESTNUT AVE, #F CARLSBAD, CA. 92008 CONTACT: RICK WOOLSEY PHONE NO: (760) 497-1751 LEGAL DESCRIPTION LOTS 28, 29, AND A PORTION OF LOT 30, 31, & 32 IN BLOCK 34, PER MAP NO. 535. NOTES EXISTING SIDEWALK. EXISTING CURB AND GUTTER. PRIVATE 2" P.V.C. DRAINAGE PIPE ENCROACHES UNDER SIDEWALK & CURB PREPARED BY: SPEAR & ASSOCIATES. INC CIVIL ENGINEERING AND LAND SURVEYING 475 PRODUCTION STREET, SAN MARCOS, CA. 92078 PHONE (760) 736-2040 FAX (760) 736-4866