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Home My WebLink AboutCT 01-08; Carltas Investments LP; 2003-1486924; Encroachment AgreementDOC # 2003-14B6924 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: DEC 18s 2003 8248 AM OFFICIAL REcoRIls SAN DIEGO COUNTY RECORDER’S OFFICE GREGOHY J. SEIITH, COUNTY RECORDER FEES: 34.00 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 SPACE ABOVE FOR RECORDERS USE ASSESSOR’S PARCEL NO.: 213-100-14,17 and 18 PROJECT NO. & NAME: North Pointe West CT 01-08 (PR 02-30) RIGHT-OF-WAY PERMIT NO.: TERMINATION OF ENC~MENT AGREEMENT This TERMINATION OF ENCROACHMENT AGREEMENT (this “Termination”) by and between the CITY OF CARLSBAD (the “City”) and Carltas Investments, L.P. (“Owner”) is dated July 8, 2003, with reference to the recitals set forth below. RECITALS A. City and Owner entered into that certain Encroachment Agreement recorded in the Office of the County Recorder for San Diego County as Document No. 2003- 0702008 on June 13,2003 (the “Encroachment Agreement”), which contains an error in Exhibit “A” to the Encroachment Agreement. B. A copy of the Encroachment Agreement is attached hereto as Attachment “1”. C. City and Owner now desire to terminate the Encroachment Agreement upon the terms and conditions set forth in this Termination. D. All defined terms used in the Encroachment Agreement shall have the same meaning in this Termination Agreement AGREEMENT 1. Termination. terminate the Encroachment Agreement. Effective on the date hereof, City and Owner hereby expressly 2. Force and Effect. Upon such termination of the Encroachment Agreement, the parties shall have no further rights or obligations under the Encroachment Agreement. S:\mrb\contracts\termination of encroachment agreement.com 3. 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. 4. 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 fiom time to time by providing notice to the other party in the manner described above. 5. CaDacity. 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, the parties hereto have executed this Agreement on this 3\ j+ dayof h\y ,2003. OWNER CITY OF CARLSBAD Carltas Investments, L.P., a California Limited Partnership By: WBC Investments LLC, a California Limited liability company City Engineer Its: General Partner APPROVED RONALD R. BALL City Attorney S:\mrb\contracts\termination of encroachment agreement.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countyof Lnhq before me, fl0 rl\ CA 62. BCLOHIIJ~ &.Wrp32\f ALdM c Name and rile 01 Officer (e.g., "Jane Doe. Nofary Public") Name@) 01 Signer@) personalty appeared 3ohh C* &sonally known to me 0 proved to me on the basis of satisfactory evidence to be the persot-@) whose name@ isbe subscribed to the within instrument and acknowledged to me that hekbdt4oy executed the same in hidbMheir authorized capacitw), and that by hi- signature@ on the instrument the persow, or the entity upon behalf of which the persow acted, executed the instrument. WITNESS my hand and official seal. ' Sigmlure of Notary Public Though the information below is not required by law, it may prove valuable to persons re/ying on the docu fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Partner - 0 Limi 0 1999 National Nolary Association. 9350 De Soto Ave.. P.0. Box 2402 * Chatsworth. CA 9131324402 * w nationalmiaryorg Prod. No. 5W7 Reorder: call Toll-Free 1-800-876-6027 ATTACHMENT 'I 1" ' RECORDED AT THE REQUEST OF COMMONWEALM LAND TITLE COMPANY RECORDING REQUESTED BY WHEN RECORDED MAIL TO: Ctty Clerk CIN OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 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 ("Cityn) and Carltas Investments, L.P. ("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 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. (6) The Owner shall agree at all times to indemnify and hoId 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. 1 HYONELOPMWT SERVICESlkYISTERSIAGREEMENTS, OTHERENCROACHMENT AGREEMENT m. 1212u87 (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notick 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 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 HDWELOPMENT SERVICESNASTERS~AGREEME~S. OTHERENCROACHMENT AGREEMENT REV. 72r2UW7 ;tate of California 1 1 :ounty of San Diego ) In Jww. 9 UX73 before me, /cc*.- 6 f-, iersonally appeared aLpR,C.dAl& I (Date) (Name, Title of Officer) (Name[s] of Signefls]) ,ersonally known to me -mm ) to be he persom whose narneC4fish subscribed to the within instrument and acknowledged to ne that hekkdhey executed the same in his/he&Wf authorized.capacity&s), and that by 1 i&x##b& signature@) on the instrument the persow, or entity upon behalf of which the iersonfs) acted, executed the instrument. SillTNESS my hand and official seal /l.t.f)l&t9- a- Pm-- Signature of Notary < (This area for official notary seal} I, . Title or Type of Do Date of Document Signer(s) other th G I 4 WUEVELOPMWT SERVICESIMASTERYAGREEMENTS. OMER/ENCROACHkENT AGREEMENT REV. W24/97 EXHIBE “A” LOTS 2,5 AND 6 OF CITY OF CARLSBAD TRACT NO. 01-08, IN THE CRY OF SAN DIEGO, COUNTY OF SAN DEW, STATE OF CALEORNZA, ACCORDING TO MAP THEREOF NO. 14377, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL, 26,2002, EXHI[BIT “B” An easement for waterlines and appurtenant purposes together witb an easement for utility and access purposes all as shown on Carlsbad Tract CT 01-08 final Map No, 14377, I I I I I I