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Home My WebLink AboutCDP 16-40; Almeria Investments LP; 2018-0041558; 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 DOC# 2018-0041558 1111111111111111111111111111111111111111111111111111 IIIII IIIII IIII IIII Feb 01, 2018 09:36 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $107 00 (SB2 Atkins: $75.00) PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-033-02-00 -----------PROJECT ID: CDP1640 -----------PROJECT NAME: DOW ADDITION 5080 CARLSBAD BL RELATED PROJECT ID: EAGREE2016-0006 RELATED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Almeria Investments LP, a California Limited Partnership ("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 5080 Carlsbad Blvd. within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-033-02-00, 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 PUBLIC RIGHT OF WAY 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 a Retaining Wall 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, 1 Q \CED\LandDev\PROJECTS\CDPICDP 16\CDP 16-40 Dow Addition -Bobbett\EAGREE2016-0006-----5080 CARLSBAD BLVD DOW ADDITIONIENCROACHMENT AGMT 5080 Carlsbad Blvd.doc 9/5/2014 10 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. (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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Almeria Investments LP, a California Limited Partnership 5080 Carlsbad Blvd. Carlsbad, CA 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. 2 Q:\CED\LandDev\PROJECTS\CDP\CDP 16\CDP 16-40 Dow Addition -Bobbett\EAGREE2016-0006-----5080 CARLSBAD BLVD DOW ADDITION\ENCROACHMENT AGMT 5080 Carlsbad Blvd.doc 9/5/2014 IN Wl~ESS WHEREOF, thes~ parties hereto have executed this Agreement on thfs __ _,_j __ day of S~p-le,v,JJc,y-, 2o_f]__. OWNER _ , n a cu11For,1,A' HI mer, A IA ve0t tY}ef) JS '"" ,;- (,.I ~,, l<.\ pc.rtl\-cr?l1.:f By: ~~~~:;.,,--, By: (\\1~fl;;\ ~~~NJ ~tf~!"\A:-:l,l\~:,bY) (Print Name Here) ----------------(Sign Here) --·· (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineering anager Q ICED\landDev\PROJECTS\EAGREE\EAGREE2016i£AGREE2016-0006---·5080 CARLSBAD BIVO DOW ADUffl0Nll::NCROACHMFNT 1,c;,-rr 5080 Carlsbad Blvd.doc 9/ti/2014 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY The land hereinafter referred to is situated in the City of Carlsbad, County of San Diego, State of CA, and is described as follows: Lot 56 of Terramar Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 2696 filed in the Office of the County Recorder of San Diego County, September 6, 1950. APN: 210-033-02-00 4 Q ICED\LandDev\PROJECTSICDPICDP 16\CDP 16-40 Dow Addition -Bobbett\EAGREE2016-0006-----5080 CARLSBAD BLVD DOW ADDITIONIENCROACHMENT AGMT 5080 Carlsbad Blvd.doc 9/5/2014 EXHIBIT B LEGAL DESCRIPTION OF THE EASEMENT A general utility and street access easement granted to the City of Carlsbad according to Map thereof No. 2696 , filed in the Office of the County Recorder of San Diego County, September 9, 1950. 5 Q:\CEDILandDev\PROJECTS\CDP\CDP 16\CDP 16-40 Dow Addition -Bobbett\EAGREE2016-0006-----5080 CARLSBAD BLVD DOW ADDITION\ENCROACHMENT AGMT 5080 Carlsbad Blvd.doc 9/5/2014 LOCATION MAP 5080 CARLSBAD BL VD. NOT TO SCALE l 50' CARLSBAD BL VD. PROJECT NAME ENCROACHMENT FOR 5080 CARLSBAD BOULEVARD APN 210-033-02-00 PLOTTED BY: SCOTT £VANS PLOT DATE::12/6/16 PATH:D: \DEVEI.OPtJENT PRO.ECTS\PR\AUTOCAD\EAGR££2016-0006.DWG i---- EDGE OF PVMT AREA OF ENCROACHMENT RETAINING WALL ---------- PROJECT NUMBER EAGREE2016-0006 EXHIBIT C A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ~m~ STATE OF __ ~.,.......'-. ___ ( ____________ _ COUNTY OF ......... -~-__;_ ___ ...Jc____i:~~-------- On __ ----'--=-· _2-._Cp_ ........ ·__,7'---_____,,.__ _ ______,,.___ __ _ before me, ~ c'~ 'l__ t / ./_ / . / personally appeared _____ v_r_ /lU..--f_~---+--------'----who 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 the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Notary Acknowledgement Page 1 of 1 Commission t't 2i24t;D2 Notary Public -C2.li/ornia San Diego Countj• , My Comm. E::pires /\1.·~ 21. :-:.~ · ,: .-_,7,:'"_;~'?Z~;.::::.:~·~..;::;,--t.~711'-~:;..-::;:;iii::;;;r:..:~·:,v:.~ ·::::, · ,; 300466AP