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HomeMy WebLinkAboutCUP 05-28; CARLSBAD SELF STORAGE LLC; 2010-0596905; 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 DOCtt 2010-0596905 NOV03, 2010 3:35 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 37.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-261-05-00 PROJECT ID: V 09-01 PROJECT NAME: Bressi Ranch Self Storage RELATED PROJECT ID: PR 10-18 RELATED PROJECT ID: RW 10-137 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Carlsbad Self Storage Investors LLC, a Delaware limited liability company ("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 2500 Campbell Place within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-261-05-00, 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 general 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 Owner to construct install and maintain a monument sign 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. 8 H:\Development Services\PROJECTS\V FilesW 09\V 09-01 Bressi Ranch Self Storage - Jimeno\ENCROACHMENT AGMT, typed 8.10.10.doc (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: If to the Owner: City Engineer Carlsbad Self Storage Investors LLC City of Carlsbad c/o UBS Realty Investors LLC 1635 Faraday Avenue 455 Market Street, Suite 1540 Carlsbad CA 92008 San Francisco, CA 94105 Attn: Bressi Ranch Self Storage - Asset Manager 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\V FilesW 09W 09-01 Bressi Ranch Self Storage - Jimeno\ENCROACHMENT AGMT, typed 8.10.10.doc 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 'ZZ* day of ^af}\^bs^ 20 IP . OWNER Carlsbad Self Storage Investors LLC, a Delaware limited liability company By: TPI REIT Operating Partnership LP, a Delaware limited partnership, it's sole member By: TPI REIT Operating Partnership GP LLC, a Delaware limited liability company, its general partnj (Sign Here/ u. (Print Name Here) (Slgfi Here) (Print Name Here) APPROVED AS TO FORM: CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer LS8801 Exp. 12/31/2010 RONALD R. BALL City Attorney Deputy City Attorn^ H:\Development Services\PROJECTS\V FilesW 09W 09-01 Bressi Ranch Self Storage - Jimeno\ENCROACHMENT AGMT, typed 8.10.10.doc PR 10-18 EXHIBIT "A" THE PROPERTY LEGAL DESCRIPTION Lot 14 of Carlsbad Tract CT 02-15 Bressi Ranch, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14960, filed in the Office of the County Recorder of San Diego County, February 4, 2005. PR 10-18 EXHIBIT "B" THE EASEMENT The easement and rights pursuant to any existing franchise or renewals thereof, or otherwise, at any time, or from time to time to construct, maintain, operate, replace, remove, renew and enlarge lines of pipe, conduits, cables, wires, poles and other structures, equipment and fixtures for the operation of gas pipelines, telegraphic and telephone lines and for the transportation of distribution of electrical energy and water and for incidental purposes including access to protect the property from all hazards in, upon, over and across the property, as reserved in Quitclaim Deed from the County of San Diego to Mary E. Bressi recorded in the Office of the County Recorder of San Diego County on November 4, 1976 as Document No. 76-368644 of Official Records. PALOMAR AIRPORT ROAD 2500 CAMPBELL PLACE Hofman Planning & Engineering LEGEND: AREA OF ENCROACHMENT 3152 Lionshead Avenue Carlsbad, CA 92010(760) 692-4100 www.hofmanplanning.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On /iuuaiv&f jO &>lb before \\ Dale ' personally appeared me, Name(s) ot Signer(s) DEMISE MCCOWN Commission * 1M7SM Notary Public • Cafflonito •M FraMCiKO COMIty M 25,20141 F'lace Notary Seal Above 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESSxny hand and official seal. Signature of Notary Public 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:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General CU Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRIN 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:. RIGHTTHUr.lBPRINT OF SIGNER Top of thumb here C2O07 National Notary Association • 8350 De Soto Ave.. P.O .Box 2402-Chatsworth.CA 91313-2402- www.NaBonalNotary.org item »59O7 Reorder Call ToU-Fws 1-805-876^827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On Date personally appeared before me, 6-1 UtflH t< L_.- Here Insert Name add Title of the Officer Name(s) of Signer(s) TERIf I. ROWLEY Commission #1773534 Notary PuWte • California | Son 01*90 County who proved to me on the basis of satisfactory evidence to be the person^f whose name($ is/ar^ subscribed to the within instrument and acknowledged to me that he/sjae/th^ executed the same in his/Jw/thpfr authorized capacity(ies^, and that by his/h^f/thefr signature(s) on the instrument the persontej, or the entity upon behalf of which the person(sjf 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. Place Notary Sea! Above WITNESS my hand and official seal. Signature. OPTIONAL - 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: Xo " Signer(s) Other Than Named Above: 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: 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 Natkmal Notary AssoaaHon-9350 DeSotoAve., P.O. Box 2402 •Chatsworth.CA 91313-2402- www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1-800-876-6827 H:\Development Services\MASTERS\Agreemerrts\Non-Secured Agreements\ENCROACHMENT AGMT, Revised 8-11-10.doc