HomeMy WebLinkAboutCT 01-08; Carltas Investments/As If Holidings; 2003-1486887; Encroachment AgreementDOC # 2003-1486887
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
RIGHT-OF-WAY PERMIT NO.:
OFFICIAL RECORDS SAN DIEGO COUNTY REWRDER'S OFFICE GREGORY J. SHITHr l"TY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
PROJECT NO. & NAME:
213-1000-19 and 20
North Pointe West
CT 01-08 (PR 02-30)
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between Carltas
Investments, L.P., and As If Holdings, LLC (collectively, "Owner") and the City of Carlsbad
('City"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code.
1. The ProDerty. Owner IS the owner of that certain real property located at 6179 &
6185 El Camino Real, within the City of Carlsbad, San Diego County, California, Assessor's
Parcel Numbers 213-100-19 and 20, 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 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.
(8) 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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H:/DEVELOPMENT SERVICES/MASTERS/AGREEMEMS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
(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 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 Aareement. 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
As If Holdings, LLC
1934 Kellogg Avenue
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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HJDEVELOPMENT SERVlCESlMASTERSlAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12124/9?
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@)
thereby bind such party.
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 3ISt dayof JU\U ,20 03.
OWNER CITY OF CARLSBAD
Carltas Investments L.P., a California Limited Partnership
By: WBC Investments LLC, a California By: w&&4
limted liability company e& LLOYPB. HUB6 P.E.
Its: General Partner
City Engineer
I
ohn C. White, Manager K
As If Hold' s, LLC, a California I litnitedfl@ company
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
D,=P~ ity Attorney
By: :
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State of California ) 1
County of San Diego )
On d1h\r 31. roo3 before me, MV~ iclct P. dROdd\d6, rJo7 A&\/ PJBLII, 3
(Dhte) I (Name, Title of Officer)
personally appeared &*id C-. dJH 9
(Name[s] of Signer[s])
personally known to me fl ) to be
the persortf4) whose namw isfew subscribed to the within instrument and acknowledged to
me that hefskfhy executed the same in hi- ' uthorized capacite), and that by
hishedthir signature) on the instrument the person@, or entity upon behalf of which the
persow acted, executed the instrument.
WITNESS my hand and official seal
(This area for
Signature of Notary official notary seal)
Title or Type of Document E~G&IA(H MCA@ twmyl GdT
Signer@) other than narh eun E~&.u&EA~ cm flrrrw,
Date of Document LhlLu No. of Pages 3
t i+AJot=md Ad0 CLt3fX E*o M
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H:IDEVELOF'MENT SERVICES/MASTERS/AGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
State of California )
)
County of San Diego )
On PV6u5T 5 Z003. before me, rcA A. 6R03rJrklb, FlqAav Fv6 UC ,
(Date) ' (Name, Title of Officer)
personally appeared ER\ K A~OERSD~ ~h) D cwoc G~~OM >
(Name of Signem
1 (or proved to me on the basis of satisfactory evidence) ) be
the perso@whose nam@Ware subscribed to the within instrument and acknowledged to
me that Mthey executed the same in Mdher/their authorized capacitG, and that by
hidfedtheir signaturaon the instrument the perso@, or entity upon behalf of which the
perso@acted, executed the instrument.
w I'
/
NESS my hand and official seal
,
(This area for
official notary seal) Signature of Notary
Title or Type of Document EhlC@@Ul /h EdT AbQEt3'ldT
Date of Document &w 71, WO.3
Signer(s) other than na'med above clry Gi GrnlgEA, LIT? A.rrO&d. JOttd C. No. of Pages ,3
Inlm-G
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HYDEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 12/24/97
EXHIBIT “A”
Lots 7 and 8 of Carlsbad Tract CT 01-08 filed as Map No. 14377 in the Office of the San
Diego County Recorders Office April 26,2002.
EXHIBIT “B”
An easement for waterlines and appurtenant purposes together with an easement for
utility and access purposes all as shown on Carlsbad Tract CT 0 1-08 final Map No.
14377.
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