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Home My WebLink About; Isis Pharmaceuticals Inc; 1997-0123942; Encroachment Agreementl . RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 20-MAR-1997 We13 AM OFFICIAL RECORDS SbN OIEGO COUNTY RECORDER’S OFFICE 28.00 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO. 212-120-30 PROJECT NO. & NAME: ISIS PHARMACEUTICALS RIGHT OF WAY PERMIT NO. RW960 199 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and Isis Pharmaceuticals (“Owner”), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Proper&. Owner is the owner of that certain real property located at 1896 Rutherford Road, within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 212-120-30, 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 street and public utility purpose 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 placement of fiber optic cable to remain in a portion of the Faraday Avenue 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: (4 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. 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 htASTERS\FORMS\ENCROACHMENT AGREEMENT REV. lRll97 275 0 (D) 4. of (1) loss or damages to property and (2) injury to or death of persons. 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- 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. 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 of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009-4859 If to the Owner: Patricia M. -SW 7 Isis Pm-la JS c. < which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. City’s consent to or approval of any act or omission by Owner shall Waiver. 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. MASTERS\FORMS\ENCROACHMENT AGREEMENT REV. 1121197 8. Each party represents that the person(s) executing this Agreement Capacitv. on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WLlIIESS WHEREOF, this parties hereto x&$g;~&la- By: APPROVED AS TO FORM: RONALD R. BALL City Attorney this MASTERS\FORMS\ENCROACHMENT AGREEMENT REV. l/21/97 277 State of California County of San Diego On a 113 !97 before me, CAROL A. COLLINS, ~/o-m-eq f?f 6 L t c, (Date) (Name, Title of Officer) I personally appeared s-rA ‘H G f 7 c go 0 ti E 2 (Namev of Signerjjzj) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal cch-E-4 L7.u (This area for Signature of Notary official notary seal) ..-.._.. lJ My Co$b~s~, 1998 a v --TV-.------ - I Title or Type of Document Date of Document Signer(s) other than named above No. of Pages MASTERS\FORMS\ENCROACHMENT AGREEMENT REV. l/21/97 . ,- 278 State of California County of San Diego On ~$?.5/47 before me,’ 2,,,11( _s’ &Y%W J&-jq/zy p U$3&k ’ (Date) (Name, Title of Officer)’ personally appeared UcJ (/d fllr bbs - (Name[s] of Signer[s]) -- -_ -46 ersonally known to me -OR - Cl lb uasls VI m) to be the personH whose name@@ b su scribed to the within instrument and acknowledged to me that / c_ t@he/tbqt executed the same in CA@ hi /tjMr authorized capacity@&), and that by 6+-f &i r tb@r signature* on the instrument the person@, or entity upon behalf of which the person(Pacted, executed the instrument. WITNESS my hand and official seal , Signature of Ndtary / (This area for official notary seal) EXHIBIT A FEBRUARY 13.1997 LOT 46 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO iMAP i‘HEREOF 118 10, FILED IN THE OFFICE OF TKE COUNTY RECORDER OF SAN DIEGO COUNTY MAY 19,1987. TAX ASSESSORS PARCEL NO. 212-120-30. EXHIBIT B FEBRUARY 13,1997 THE FRONTAGE OF LOT 44 AND 45 AT FARADAY AVENUE AS DEDICATED ON CARLSBAD TRACT NO. 85-24 UNIT NO. 03 CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 118 10, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987. - LOT 46 CT 85-24 281 UNIT 3 MAP 11810 / A" n / / , LA-- lI304’ $6 ,/R = 1158' L = 26.63' LOT 45 c-r 85-24 UNIT 3 MAP 11810 A = 27’45’24” R = 742' I - 359.46' COMMUNICATION CONDUIT ENCROACHMENT FYIST STnRM nRAlN LOT 44 CT 85-24 UNIT 3 MAP 11810 '.\ ‘\4 \ \ \ // /' EXIST. IO” SEWER \;\;\y$+& ,f’ ‘\\ \’ A = 39'24'31" / L”’ CT Sl-:O UNIT 1 Llh" 1Al-z" I KAHR AND ASSOCIATES 5600 AVENIDA ENCINAS, SUITE 104 rARlcDAn PA 03f3flQ DU. /CA Cl\A XQ-Kp”” I bAI\L..JUT\“, br7 JL”“” I I I. \” I JJTJU-JoLu \‘ EXHIBIT 'C' CHARLES S. KAHR R.C.E. 23907 DATE REGISTRATION EXPIRES: 1 Z/31 /97 COMMUNICATION CONDUIT ENCROACHMENT 1 I I I