HomeMy WebLinkAboutCUP 2023-0003; Ralphs Grocery Company; 2024-0253163; Encroachment Agreementhereunder, 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 District, or the District 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 District with
respect to the easement shall remain and continue in full force
and effect and shall in no way be affected by District'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 District:
Public Works Director
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, CA 92008
If to the Owner:
Ralphs Grocery Company
1100 West Artesia Boulevard
Compton, California 90220
which addresses may be changed from time to time by providing notice to the other
party in the manner described above.
6. Waiver. District'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 District's consent for approval to any subsequent act by
Owner. Any waiver by District 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.
Ill
Ill
Ill
2 3/26/2024
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL A:
PARCEL A OF THAT CERTAIN CERTIFICATE OF COMPLIANCE NO. ADJ 07-04 COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, RECORDED JUNE 8, 2007, AS INSTRUMENT NO. 2007-387629 OF
OFFICIAL RECORDS. DESCRIBED AS FOLLOWS:
PARCELS 5 AND 6 OF PARCEL MAP NO. 15187, IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY, MARCH 28, 1988, RECORDER'S FILE NO. 88-140044 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED
OR RESERVED BY GRANTOR, INCLUDING WITHOUT LIMITATION ALL OIL, GAS, HYDROCARBON
AND SIMILAR RIGHTS, AND ALL WATER, WATER RIGHTS, GEOTHERMAL STEAM AND STEAM
POWER, WITHIN OR UNDERLYING THE REAL PROPERTY HEREIN CONVEYED, TOGETHER WITH
THE PERPETUAL RIGHT OF DEVELOPMENT THEREOF; PROVIDED, HOWEVER, THAT THE
RIGHTS HEREIN RESERVED AND EXCEPTED TO NOT INCLUDE THE RIGHT TO ENTER UPON
THE SURFACE AND THE TOP 500 FEET OF THE SUBSURFACE OF THE REAL PROPERTY HEREIN
CONVEYED AS RESERVED BY OCCIDENTAL LAND AND DEVELOPMENT CORPORATION,
RECORDED JULY 21 , 1981 , RECORDER'S FILE NO. 81 -228252 OP OFFICIAL RECORDS.
EXCEPTING THEREFROM NON-EXCLUSIVE EASEMENTS AS MORE PARTICULARLY DESCRIBED
IN THE OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988,
EXECUTED BY POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND
FEDERATION DEPARTMENT STORES, INC., A DELAWARE CORPORATION, RECORDED JUNE 6,
1988 AS FILE NO. 88-267194 OF OFFICIAL RECORDS.
PARCEL B:
NON-EXCLUSIVE EASEMENTS ENCUMBERING PARCELS 1, 3, 5, 7, 8, 13 AND 14 OF PARCEL MAP
NO. 15187, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 28, 1988 AS FILE
NO. 88-140044 OF OFFICIAL RECORDS, AS MORE PARTICULARLY DESCRIBED IN THE
OPERATION AND RECIPROCAL EASEMENT AGREEMENT DATED JUNE 1, 1988; EXECUTED BY
POINSETTIA ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, AND FEDERATED
DEPARTMENT STORES, INC., A DELAWARE CORPORATION RECORDED JUNE 6, 1988 AS FILE
NO. 88-267194 OF OFFICIAL RECORDS.
Assessor's Parcel Number: 214-430-27