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Home My WebLink AboutSDP 00-07; Conway, John and Nagle, Tim; 2001-0176778; Encroachment AgreementI ’ RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 4111 me # 2001-0176778 - lw@ 277 20cn 9:46 ml @-F1c1hL REm SfM DIEGO WUNTY REfBRDER’S OFFICE GREGORY J. SMITH, M3uHTy RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 156-I 20-64-00 PROJECT NO. & NAME: SDP 00-07 PR W-129 Pio Pica Office Building RIGHT-OF-WAY PERMIT NO.: RWOO0492 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and John Conway and Tim Nagle (“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 2565 Pio Pica Drive, within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 156-120-64-00, 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 sewer 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 curb, gutter and storm drain pipes and catch basins to remain in a portion of the sewer 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 damagesJo property and (2) injury to or death of persons. 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/S? 4112 (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 Anreement. 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 City of Carlsbad 1635 Faraday Avenue Carlsbad. CA 92008 c/o Conway Associates Suite D 135 Liverpool Drive Cardiff CA 92007 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. Ill MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. U/24/97 4113 8. Each party represents that the person(s) executing this Agreement on Capacity. behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. EREOF, this parties hereto have executed this Agreement on this d ,200/ . CITY OF CARLSBAD - / By: &,.wk Td LLOYD g HUBBgP.E. City Engineer APPROVED AS TO FORM: RONALD R. BALL 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 State of California County of San Diego On .w befcy-n~, Jodi ’ “zke of Officer) personally appeared MWK I P I mco (Name[s] of SignerIs]) - personally known to me 4+&- c) to be the person d ) whose name rd ) 0 i aresubscribed to the within instrument and acknowledged to me tha executed the same i r authorized capacity(i& and that by- signature(s) on the instrument the person(s), or entity upon behalf of which the acted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above 4115 EXHIBIT A PROPERTY LEGAL DESCRIPTION A.P.N. 156-120-64 CITY OF CARLSBAD PROJECT No. SDP 00-07 That portion of Lot 4 in Section 31, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof, described as follows: Commencing at the Southeast corner of said Lot 4, running thence North along the East line thereof, 273.55 feet to the Northeasterly corner of the land described in deed to Jackson P. Nicholson and Bertha M. Nicholson, husband and wife, filed in the Office of the County Recorder of San Diego County, June 27, 1947 as Document No. 66418; thence continuing Northwesterly along said East line of said Lot 4, 386.28 feet, more or less, to the center line of Road Survey No. 316; thence along said center line North 89O25'51" West (North 89'58'27" West, deed) 160.28 feet to the Northeast corner of land described in deed to Henry C. Sauer, et ux, recorded in Book 2359, Page 61 of Official Records; thence South OO"36'39" West (South OO"O4'03" West, deed) 30.00 feet to the Southerly right of way line of Las Flores Drive; thence continuing South OO"36'39" West 225.00 feet to the TRUE POINT OF BEGINNING; thence North 89"25'51" West 99.72 feet to a point on the Northeasterly right of way line of the San Diego Freeway (XI-SD-S); thence along said right of way line South 12'40'16" East 8.98 feet; thence South 21"40'16" East 121.11 feet; thence leaving said right of way line South 89'21'23" East 153.00 feet to a point on the Westerly right of way line of Pio Pica Drive; thence along said right of way line North OlO58'30" East 97.44 feet; thence North OO"32'43" East 23.64 feet to a point on said right of way line that bears South 89O25'51" East 103.58 feet from the TRUE POINT OF BEGINNING; thence North 89O25'51" West 103.58 feet to the TRUE POINT OF BEGINNING. Sewer Easement Encroachment Agreement EXHIBIT B SEWER EASEMENT LEGAL DESCRIPTION A.P.N. 156-120-64 CITY OF CARLSBAD PROJECT No. SDP 00-07 The Westerly 10.00 feet of that portion of Lot 4 in Section 31, Township 11 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof, described as follows: All that land described in deed to John Conway, a Married Man as his Sole and Separate Property, as to an undivided 50% interest, recorded in the office of the County Recorder, San Diego County, State of California on November 2, 2000 as Document No. 2000- 0594189. Sewer Easement Encroachment Agreement 4117 EXHIBIT C PI0 P/d0 bFklCE BLUING m ’ \r!\ I SDP 00007 2565 PI0 PICO DRIVE x \ctJ- \ 1-a \ I APN 156-120-67 1 APN 756-120-43 I 0 1 10’ PUBLIC SEER EASEMENT GRANTED TO THE CITY OF CARLSBAD PER DOC. NO. 217613, O.R., REC’D U/27/70 NEW SEWER LATERAL /PER DWG 391-5A \ -8 (t II ill- y 3 20’ 10’ 0 20’ SCALE: 1 *= 20’ APN 156-120-64 ENCXOACHME/VTs= (PRI VA TE iMPi 156-120-65 POVEMENTS PER DWG 391-5A) ‘-I+\ \ 0 1 PCC CURB & GUTTER 0 2 AC PAMNG 0 3 STORM DRAIN CATCH BASIN 0 4 6” PVC STORM DRAIN \ \ \ 0 5 18” HDPE STORM DRAIN 0 6 STREET LIGHT FOUNDA77ON & CONDUIT APN 756-120-64 PUBLIC SEWER EASEMENT ENCROACHMENT Zonway & Associates, Inc. Telephone (760) 753-1453 SHEET 1 ff 1