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Home My WebLink AboutSDP 02-16; Coastline Community Church; 2007-0114041; Encroachment Agreement11415 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 DOC# 2007-0114041 FEB 20, 2007 3:30 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 28.00 PAGES: 8 2007-0114041 SPACE ABOVE THIS LINE FOR RECORDER'S USE 255-273-07ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: COASTLINE COMMUNITY CHURCH PR 06-134 RIGHT-OF-WAY PERMIT NO.: RW 06-122 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Coastline Community Church, a California non-profit religious corporation ("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 2215 Calle Barcelona, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 255-273-07, 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 drainage 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 private storm drain facilities to remain in a portion of the public drainage 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\SDP FILES\SDP 02-16 Coastline Community Church - Rick\Deeds-Easements\SDP 02-16 Coastline Community Church ENCROACHMENT AGREEMENTRsv11-2005.doc REV 011/18/2005 11416 (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 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 oe 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 Coastline Community Church City of Carlsbad 5115 Encinitas Blvd 1635 Faraday Avenue Encinitas, CA 92024 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\SDP FILES\SDP 02-16 Coastline Community Church - Rick\Deeds-Easements\SDP 02-16 Coastline Community Church ENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 11417 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'3ft.Ut»t.Y 2007 . OWNER: Coastline Community Church, a CalifornLajion-profit religious corporation CITY OF CARLSBAD Bv: Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy CityKttorney H:\Development Services\Projecls\SDP FILES\SDP 02-16 Coastline Community Church - Rick\Deeds-Easements\SDP 02-16 Coastline Community Church ENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 11418 State of California County of San Diego On before me, Dafe) personally appeared (Narfcfe[s] of Signer[s personally known to me - OR- (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 in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signaturfcof Notary Title or Type of Document. Date of Document Signer(s) other than named above KMHRVNLMUttO Commlrton* 1500114 Notary Mate- Cotton*! Son Dtogo County MyComm.ExpliiMAuo9.20M (This area for official notary seal) No. of Pages H:\Development Services\Projects\SDP FILES\SDP 02-16 Coastline Community Church - Rick\Deeds-Easements\SDP 02-16 Coastline Community Church ENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 11419 State of California ) ) County of San Diego ) On January 29, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared David Mauser 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 BELINDA R.GUZMAN ComrrtotoruM 565777 Notary PubNc - CoHfofnta Son Dtago County My Comm. ExpfeM Mar 31.2009 Signature of Notary (This area for official notary seal) 11420 Exhibit A LOT 482 OF CARLSBAD TRACT NO. 88-03-02, ARROYO LA COSTA UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 13386, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO ON DECEMBER 20, 1996, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 6 H:\Development Services\Projects\SDP FILES\SDP 02-16 Coastline Community Church - Rick\Deeds-Easements\SDP 02-16 Coastline Community Church ENCROACHMENT AGREEMENT Rev 11 -2005.doc REV. 011 /18/2005 11421 Exhibit B PARCEL 7 AS DESCRIBED IN EXHIBIT A OF THE CORPORATE GRANT DEED OF EASEMENT, ACCORDING TO DOC NO. 1996-0636769 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO DECEMBER 20, 1996, IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. 7 H:\Development Services\Projects\SDP FILESVSDP 02-16 Coastline Community Church - Rick\Deeds-Easements\SDP 02-16 Coastline Community Church ENCROACHMENT AGREEMENT Rev 11-2005.doc REV. 011/18/2005 11422 ENCROACHMENT PLAT PR 06-134 PRIVATE 24" R.C.P S~ STORM DRAIN L/NE €$V / >«X NOTE: ALL PRIVATE STORM DRAIN IN SAID AREA OF ENCROACHMENT TO BE CONSTRUCTED PER DWG. 423-1A ON FILE WITH THE CITY OF CARLSBAD PROPERTY ADDRESS: 2215 CALLE BARCELONA CARLSBAD, CA, 92008 PRIVATE STORM DRAIN MANHOLE LEGAL DESCRIPTION OF PROPERTY: LOT 482 OF CARLSBAD TRACT NO. 88-03-02, ARROYO LA COSTA UNIT 2, ACCORDING TO MAP THEREOF NO. 13386, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 20, 1996, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ASSESSOR'S PARCEL NO.: 255-273-07 o01u SCALE: 1"= 20' GRAPHIC SCALE I FUSCOE ENGINEERING-SAN DIEGO INC. 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122 o LJ 3