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HomeMy WebLinkAbout2015-11-10; City Council; 22134; Approving Encroachment Agreements Plaza Camino RealCITY OF CARLSBAD - AGENDA BILL 1 AB# 22,134 ADOPT RESOLUTION APPROVING THE TERMS OF ENCROACHMENT AGREEMENTS FOR OUTDOOR PATIO DINING, ARCHITECTURAL PROJECTIONS AND SIGNAGE AT PLAZA CAMINO REAL DEPT. DIRECTOR''^^. DATE: 11/10/2015 ADOPT RESOLUTION APPROVING THE TERMS OF ENCROACHMENT AGREEMENTS FOR OUTDOOR PATIO DINING, ARCHITECTURAL PROJECTIONS AND SIGNAGE AT PLAZA CAMINO REAL CITY ATTY. //I. DEPT. PW-PEM ADOPT RESOLUTION APPROVING THE TERMS OF ENCROACHMENT AGREEMENTS FOR OUTDOOR PATIO DINING, ARCHITECTURAL PROJECTIONS AND SIGNAGE AT PLAZA CAMINO REAL CITYMGR. K\ RECOMMENDED ACTION: Adopt Resolution No. 2015-277 approving the terms of Encroachment Agreements for outdoor patio dining, architectural projections and signage at Plaza Camino Real. ITEM EXPLANATION: The City of Carisbad is the owner ofthe parking lot parcels immediately adjacent to Plaza Camino Real. Last year as part ofthe Plaza Camino Real remodel, CMF PCR LLC and Plaza Camino Real, owners ofthe Plaza Camino Real shopping center, requested use of a portion ofthe city's property for signage, architectural projections, and outdoor patio dining. On June 3'^'' 2014, the City Council approved Resolution No. 2014- 114 authorizing encroachments for outdoor patio dining, architectural projections and signage over and on a portion of the city owned parking lot parcels. The Encroachment Agreements executed included an automatic termination clause should the property transfer ownership. In a letter dated Oct. 9, 2015, the Plaza Camino Real property owners, and beneficiaries of the existing Encroachment Agreements, notified the city of their intent to transfer all of their right, title, and interest in the center to Rouse Properties, L.P. Subsequently, Rouse Properties, L.P. requested the city enter into new Encroachment Agreements that do not include the automatic termination clause. The new agreements allow the new property owner to retain the previously approved encroachments over, under, and upon a portion ofthe city owned parcel. FISCAL IMPACT: There is no fiscal impact tothe City of Carisbad associated with approving the terms ofthese Encroachment Agreements. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. DEPARTMENT CONTACT: John Maashoff 760-434-2980 john.maashoff@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVEO • Encroachment Agreement for Plaza Camino Real November 10, 2015 Page 2 of 2 EXHIBITS: 1. Resolution No. 2015-277 approving the terms of Encroachment Agreements for outdoor patio dining, architectural projections and signage at Plaza Camino Real. 2. Encroachment Agreement for architectural projections and signage. 3. Encroachment Agreement to allow outdoor patio areas for outdoor dining. 1 RESOLUTION NO. 2015-277 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING TERMS OF ENCROACHMENT AGREEMENTS FOR OUTDOOR PATIO DINING, ARCHITECTURAL 4 PROJECTIONS AND SIGNAGE AT PLAZA CAMINO REAL 3 16 17 18 19 23 24 25 26 27 28 WHEREAS, The City of Carlsbad owns the parking lot parcels immediately adjacent to the 5 6 -7 Plaza Camino Real shopping center, commonly known as Westfield Carlsbad; and 8 WHEREAS, On June 3, 2014, the City Council adopted Resolution No. 2014-114 authorizing ^ encroachments for outdoor patio dining, architectural projections and signage over and upon a 10 portion ofthe city owned parking lot parcels; and 11 WHEREAS, The recorded Encroachment Agreements included an automatic termination 12 clause should the Plaza Camino Real shopping center ownership change; and 14 WHEREAS, The Plaza Camino Real property owners have indicated their desire to transfer 15 their right, title and interest in the shopping center to RPI Carisbad, L. P. WHEREAS, RPI Carlsbad, L.P. desire to maintain the subject encroachments and have requested the city enter into new Encroachment Agreements to allow for the continued outdoor patio dining, architectural projections and signage over, under, and upon a portion of the city 2Q owned parking lot parcel. 21 NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carisbad, California, 22 as follows that: 1. The above recitations are true and correct. 2. The mayor is authorized to execute the attached Encroachment Agreements. // 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 10'^ day of November 2015, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Blackburn, Schumacher, Wood, Packard. MATT HALL, Mayor ATTEST: BARBARA ENQj-E^ON, City Clerk (SEAL) RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 156-302-24 Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and ENCROACHMENT AGREEMENT RECITALS This encroachment agreement ("Agreement") is entered into between the City of Carlsbad and RPI Carlsbad, L.P. as of the date that it is executed by all parties. A. The City of Carlsbad, a chartered municipal corporation of the State of Califomia, ("Property Owner") is the owner of a parking lot for the Plaza Camino Real shopping center located in the City of Carlsbad, County of San Diego, State of Califomia ("City Parcel"). B. RPI Carlsbad, L.P., a Delaware limited partnership ("Business Owner"), is the owner of certain real property adjacent to the City Parcel, as more particularly set forth in Exhibit A, attached hereto and incorporated herein by reference ("Shopping Center Parcel"). The successor-in-interest to Business Owner constructed certain renovations to the buildings located on the Shopping Center Parcel. C. Property Owner has agreed to allow architectural projections and signage for certain buildings located on the Shopping Center Parcel to encroach onto or above the City Parcel ("Encroachments"), approximately as shown on Exhibit B attached hereto and incorporated herein by reference, so long as they project no more than five (5) feet onto or above the exterior wall of the renovated buildings. A diagram showing the location of the encroachment area ("Encroachment Area") is attached hereto and incorporated herein by reference as Exhibit B. D. An Encroachment Agreement entered into on December 1, 2014 between Property Owner, CMF PCR LLC and Plaza Camino Real (the "Prior Agreement") permitted the Encroachments prior to the date hereof, and upon the transfer of the Shopping Center Parcel from Plaza Camino Real to Business Owner the Prior Agreement was terminated pursuant to Section 2 thereof, and the parties are entering into this Agreement to replace the Prior Agreement. -1- I.., AGREEMENT NOW, THEREFORE Property Owner allows the Encroachments by Business Owner subject to the following terms and conditions: Section 1. Encroachments Property Owner hereby allows Encroachments over a portion of the City Parcel as more particularly described above as the Encroachment Area, subject to all matters and encumbrances of record affecting the City Parcel, on the terms and conditions set forth in this Agreement. The City's rights with respect to the ownership of the City Parcel shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to constmct and maintain the encroachment stmctures. This Agreement does not authorize or approve any encroachments not identified above, nor any additional usable space for the Plaza Camino Real shopping center. The exact number and locations of the Encroachments are reflected in the final constmction documents for the Encroachments approved by the building department of the City of Carlsbad, and the Encroachments have been located entirely within the Encroachment Area. Section 2. Term The Agreement will automatically terminate on the demolition or destmction of the shopping center stmcture on which the Encroachment exists or upon notice from the City pursuant to Paragraph 5, below. Upon termination of this Agreement, Business Owner will have the obligation to remove the Encroachments and restore the City Parcel to its condition as of the date that this document is recorded. Section 3. Maintenance and Repair Business Owner will be solely responsible to conduct such maintenance and repair of the Encroachments and improvements thereon as to their respective parcels as Business Owner deems necessary or advisable to maintain the Encroachments in good condition and repair. Property Owner shall have the right from time to time to inspect the Encroachments to ensure that Business Owner's maintenance and repair obligations are met. Property Owner shall also have the right, but not the obligation, to undertake any maintenance or repair if such obligations are not met in Property Owner's sole discretion within a reasonable period of time following written notice thereof to a Business Owner. That Business Owner will be solely responsible for the cost of such maintenance and repair. Section 4. Insurance Business Owner must obtain and keep in full force and effect at all times extended commercial general liability insurance covering public liability for personal injury, death, or property damage, arising out of its use or maintenance of the Encroachment Area (including improvements thereupon) for at least $3,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of Califomia. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vn" OR with a surplus line insurer on the State of Califomia's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". Business Owner may provide the required limits of coverage through a combination of a primary general liability policy and umbrella/excess policies. Section 5. Removal Obligation After receipt of notice from the City Engineer, and only if necessary for public health or safety reasons, Business Owner will have the obligation to remove or relocate any part of the Encroachments within a reasonable time as specified in the notice, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the Shopping Center Parcel. Section 6. No Impediment to Use During the term of this Agreenient, no walls, fences or barriers of any sort or kind whatsoever that prevent or impair the use of the Encroachment Area will be constmcted, maintained, or permitted on the Encroachment Area, or any portion thereof, by Property Owner or Business Owner. Section 7. Indemnincation Business Owner shall indemnify, defend and hold harmless Property Owner, its agents, representatives, heirs, successors and assigns, against any and all claims, actions, or demands, costs or expense, including reasonable attomey's fees, arising out of or in any way connected to any activities of that Business Owner, its agents, representatives, heirs, successors, assigns or invitees arising out of its use of the Encroachment Area, excluding therefrom claims resulting from the negligence or willful misconduct of Property Owner or its agents, representatives, employees, heirs, successors or assigns. Section 8. Notices All notices given pursuant to this Agreement must be in writing and by personal delivery, U.S. Mail or established express delivery service, such as Federal Express, with postage or delivery charge prepaid, retum receipt requested, and addressed to the person and address designated below: If to Property Owner: Attn: City Manager City ofCarlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 If to Business Owner: RPI Carlsbad, L.P. c/o Rouse Properties, Inc. 1114 Avenue of the America, Suite 2800 New York, New York 10036-7703 Attention: Susan Elman Section 9. Waiver Property Owner's consent to or approval of any act or omission by Business Owner shall not constitute a waiver of any other default by Business Owner and shall not be deemed a waiver or render uimecessary Property Owner's consent for approval to any subsequent act by Business Owner. Any waiver by Property Owner of any default must be in writing and shall not be a waiver of any other default conceming the same or any other provision of this agreement. Section 10. Miscellaneous This Agreement constitutes the entire agreement between Property Owner and Business Owner relating to the Encroachment. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement will be of no force and effect unless it is in writing and signed by Property Owner and Business Owner or their respective successors or assigns. This Agreement will be effective upon the date it is recorded. Section 11. Signature/Counterparts This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instmment. -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove. PROPERTY OWNER: BUSINESS OWNER: CITY OF CARLSBAD, a chartered municipal corporation of the State of Califomia By: Matt Hall, Mayor RPI CARLSBAD, L.P., a Delaware limited partnership By: Rouse Properties L.P., a Delaware limited partnership, its sole member By: Rouse GP, LLC, a Delaware limited liability company, its general partner ATTEST: BARBARA ENGLESON City Clerk APPROVED AS TO FORM: CELIA A. BREWER, City Attomey BY: Deputy City Attomey By: Name: Title: ACKNOWLEDGMENT 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. State of California County of On before me. (insert name and title of the officer) personally appeared , 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), orthe 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 hand and official seal. Signature (Seal) EXHIBIT A LEGAL DESCRIPTION OF SHOPPING CENTER PARCEL CMF PCR Shopping Center Parcel: LOT 12 OF CARLSBAD TRACT NO. CT-76-18 (PLAZA CAMINO REAL SHOPPING CENTER) IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 11, 1978. Westfield Shopping Center Parcel: LOT 13 OF CARLSBAD TRACT NO. CT-76-18 (PLAZA CAMINO REAL SHOPPING CENTER) IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 11, 1978. EXHIBIT A -1- EXHIBIT B ENCROACHMENTS AND ENCROACHMENT AREA [Attached] EXHIBIT B -1- z 1 1 2 s 11 il S ill it! ^2: © Ui H zf 2 Q flQ 5 E = ^ < 2 I - u ri s= < ^ 25 ^ 5 i 2 _i 5 < EXHIBIT B -2- -f RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbacl Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s): Assessor's Parcel No.: 156-302-24 Documentary transfer tax is $0.00 ( ) computed on full value of property conveyed, or Project No.: SDP 09-04 ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carlsbad, and ENCROACHMENT AGREEMENT RECITALS This encroachment agreement ("Agreement") is entered into between the City of Carlsbad and RPI Carlsbad, L.P. as of the date that it is executed by all parties. A. The City of Carlsbad, a chartered municipal corporation of the State of Califomia, ("Property Owner") is the owner of a parking lot for the Plaza Camino Real shopping center located in the City of Carlsbad, County of San Diego, State of Califomia ("City Parcel"). B. RPI Carlsbad, L.P., a Delaware limited partnership ("Business Owner"), is the owner of certain real property adjacent to the City Parcel, as more particularly set forth in Exhibit A, attached hereto and incorporated herein by reference ("Shopping Center Parcel"). The successor-in-interest to Business Owner constructed certain renovations to the buildings located on the Shopping Center Parcel. C. Property Owner has agreed to allow outdoor patio areas for outdoor dining at certain buildings located on the Shopping Center Parcel to encroach onto the City Parcel ("Encroachments"), as shown on Exhibit B attached hereto and incorporated herein by reference, from the exterior wall of the buildings. A diagram showing the location of the encroachment area ("Encroachment Area") is attached hereto and incorporated herein by reference as Exhibit B. D. An Encroachment Agreement, recorded as instmment number 2014-0275137 on July 1, 2014, and entered into on June 23, 2014 between Property Owner and CMF PCR LLC (the "Prior Agreement") permitted the Encroachments prior to the date hereof, and upon the transfer of the Shopping Center Parcel from CMF PCR LLC to Plaza Camino Real, and then the subsequent transfer from Plaza Camino Real to Business Owner, the Prior Agreement was terminated pursuant to Section 2 thereof, and the parties are entering into this Agreement to replace the Prior Agreement. AGREEMENT NOW, THEREFORE Property Owner allows the Encroachments by Business Owner subject to the following terms and conditions: Section 1. Encroachments Property Owner hereby allows Encroachments over a portion of the City Parcel as more particularly described above as the Encroachment Area, subject to all matters and encumbrances of record affecting the City Parcel, on the terms and conditions set forth in this Agreement. The City's rights with respect to the ownership of the City Parcel shall remain and continue in full force and effect and shall in no way be affected by City's grant of permission to constmct and maintain the encroachment stmctures. This Agreement does not authorize or approve any encroachments not identified above, nor any additional usable space for the Plaza Camino Real shopping center; and Business Owner shall not charge its tenants for use of the outdoor dining area. The exact number and locations of the Encroachments are reflected in the final construction documents for the Encroachments approved by the building department of the City of Carlsbad, and the Encroachments have been located entirely within the Encroachment Area. Section 2. Term The Agreement will automatically terminate on the demolition or destmction of the shopping center stmcture on which the Encroachment exists or upon notice from the City pursuant to Paragraph 5, below. Upon termination of this Agreement, Business Owner will have the obligation to remove the Encroachments and restore the City Parcel to its condition as of the date that this document is recorded. Section 3. Maintenance and Repair Business Owner will be solely responsible to conduct such maintenance and repair of the Encroachments and improvements thereon as it deems necessary or advisable to maintain the Encroachments in good condition and repair. Property Owner shall have the right from time to time to inspect the Encroachments to ensure that Business Owner's maintenance and repair obligations are met. Property Owner shall also have the right, but not the obligation, to undertake any maintenance or repair if such obligations are not met in Property Owner's sole discretion within a reasonable period of time following written notice thereof to Business Owner. Business Owner will be solely responsible for the cost of such maintenance and repair. Section 4. Insurance Business Owner must obtain and keep in full force and effect at all times extended commercial general liability insurance covering public liability for personal injury, death, or property damage, arising out of its use or maintenance of the Encroachment Area (including improvements thereupon) for at least $5,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of Califomia. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vn" OR with a surplus line insurer on the State of Califomia's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key -2- Rating Guide of at least "A:X". Business Owner may provide the required limits of coverage through a combination of a primary general liability policy and umbrella/excess policies. Section 5. Removal Obligation After receipt of notice from the City Engineer, and only if necessary for public health or safety reasons, Business Owner will have the obligation to remove or relocate any part of the Encroachments within a reasonable time as specified in the notice, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the Shopping Center Parcel. Section 6. No Impediment to Use During the term of this Agreement, no walls, fences or barriers of any sort or kind whatsoever that prevent or impair the use of the Encroachment Area will be constmcted, maintained, or permitted on the Encroachment Area, or any portion thereof, by Property Owner or Business Owner, other than wall, fences or barriers surrounding the outdoor patio areas within the Encroachment Area. Section 7. Indemnincation Business Owner shall indemnify, defend and hold harmless Property Owner, its agents, representatives, heirs, successors and assigns, against any and all claims, actions, or demands, costs or expense, including reasonable attomey's fees, arising out of or in any way connected to any activities of Business Owner, its agents, representatives, heirs, successors, assigns or invitees arising out of its use of the Encroachment Area, excluding therefrom claims resulting from the negligence or willful misconduct of Property Owner or its agents, representatives, employees, heirs, successors or assigns. Section 8. Notices All notices given pursuant to this Agreement must be in writing and by personal delivery, U.S. Mail or established express delivery service, such as Federal Express, with postage or delivery charge prepaid, retum receipt requested, and addressed to the person and address designated below: If to Property Owner: Attn: City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 If to Business Owner: RPI Carlsbad, L.P. c/o Rouse Properties, Inc. 1114 Avenue of the America, Suite 2800 New York, New York 10036-7703 Attention: Susan Elman Section 9. Waiver Property Owner's consent to or approval of any act or omission by Business Owner shall not constitute a waiver of any other default by Business Owner and shall not be deemed a waiver or render uimecessary Property Owner's consent for approval to any subsequent act by Business -3- Owner. Any waiver by Property Owner of any default must be in writing and shall not be a waiver of any other default conceming the same or any other provision of this agreement. Section 10. Miscellaneous This Agreement constitutes the entire agreement between Property Owner and Business Owner relating to the Encroachment. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement will be of no force and effect unless it is in writing and signed by Property Owner and Business Owner or its respective successors or assigns. This Agreement will be effective upon the date it is recorded. Section 11. Signature/Counterparts This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instmment. -4- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove. PROPERTY OWNER: BUSINESS OWNER: CITY OF CARLSBAD, a chartered municipal corporation of the State of Califomia By: Matt Hall, Mayor ATTEST: BARBARA ENGLESON City Clerk RPI CARLSBAD, L.P., a Delaware limited partnership By: Rouse Properties L.P., a Delaware limited partnership, its sole member By: Rouse GP, LLC, a Delaware limited liability company, its general partner By: Name: Title: APPROVED AS TO FORM: CELIA A. BREWER, City Attomey BY: Deputy City Attomey \0i ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. State of California County of .) On before me. (insert name and title of the officer) personally appeared , 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), orthe 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 hand and official seal. Signature. (Seal) EXHIBIT A LEGAL DESCRIPTION OF SHOPPING CENTER PARCEL LOT 12 OF CARLSBAD TRACT NO. CT-76-18 (PLAZA CAMINO REAL SHOPPING CENTER) IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 11, 1978. EXHIBIT A -1- EXHIBIT B ENCROACHMENTS AND ENCROACHMENT AREA EXHIBIT B