HomeMy WebLinkAboutCT 01-08; Carltas Investments LP; 2003-0702008; Encroachment AgreementDOC #I 2003-0702008 RECORDED'AT THE REQUEST OF
COMMONWEALTH LAND TITLE COMPANY
JUN 13s 2003 2~12 PM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
rnICIElL REm SAN DIEGO CllUNTY REcowlER'S OFFICE GREGORY J. SMITHY MXMY REMRDER FEES: 29.00
14995
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
PROJECT NO. & NAME:
213-100-19 and 20
North Pointe West
CT 01 -08 (PR 02-30)
RIGHT-OF-WAY PERMIT NO.:
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Carltas Investments, L.P. ("Owner"), in accordance with
Chapter 11 .I6 of the Carlsbad Municipal Code.
1. The Property. Owner is the owner of that certain real property located at 6185 &
6179 El Camino Real, within the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 21 3-1 00-1 9 and 20, 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 water line and appurtenant 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 allow concrete flat work to remain in a portion of the water 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.
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HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
(C) The Owner must remove or relocate any part of the encroachment within
ten (IO) 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 Aqreement. 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
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
Carltas Investments, L.P.
Suite 100
5600 Avenida Encinas
Carlsbad CA 92008
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 Assiqns. 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.
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HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
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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, this parties hereto have executed this Agreement on this
q*day of I J,W, ,2Qg3 .
CITY OF CARLSBAD OWNER
Carltas Investments L.P., a California
Limited Partnership
By: WBC Investments LLC, a California
limted liability company
Its: General Partner
City Engineer
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
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By: cL%d!&. m- City Attorney
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14998
State of California )
County of San Diego
On q.lw3 before me, &~%QL K. & ' ,d;fxn, f&,
personally appeared -C*& 9
(Date) ' (Name, Title of Officer) /
(Name[s] of Signer[s])
personally known to me -4 ) to be
the persorrf4) whose name(+ ish subscribed to the within instrument and acknowledged to
me that he/&e&xy executed the same in hish&tbw * authorized capacity@), and that by
his4wHw-r * signature@ on the instrument the person@, or entity upon behalf of which the
persow acted, executed the instrument.
WITNESS my hand and official seal
/tc/hc/cl;ua. * (This area for
Signature of Notary official notary seal)
Date of Document
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14999
EXHIBIT “A”
LOTS 2,5 AND 6 OF CITY OF CARLSBAD TRACT NO. 01-08, IN THE CITY OF
SAN DIEGO, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING
TO MAP THEREOF NO. 14377, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, APRIL 26,2002,
EXHIBIT “B” 15000
An easement for waterlines and appurtenant purposes together with an easement for
utility and access purposes all as shown on Carlsbad Tract CT 01-08 final Map No.
14377.
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