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HomeMy WebLinkAboutCT 05-19; Carlsbad Medical Village LP; 2008-0516243; Encroachment AgreementRECORDING REQUESTED BY: LandAmerica Commercial Services ' Y RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 9799 DGC# 2008-0516243 SEP 30, 2008 3:33 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE UREGQRY J SMITH, COUNTY RECORDERFEES: 40.00 PAGES:11 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-190-70 PROJECT ID: CT 05-19 PROJECT NAME: Carlsbad Medical Village RELATED PROJECT ID: PR 08-13 RELATED PROJECT ID: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Carlsbad Medical Village, LP, A California Limited Partnership ("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 1281-1299 Carlsbad Village Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 156-190-70, 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 Public Right of Way 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 Pedestrian Access Ramp to remain in a portion of the Public Right of Way 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. H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-19 Carlsbad Medical Village - Rick\Bonds and AgreemenftENCROACHMENT AGMT(Ped Ramp).doc (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 & S QQ 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 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: If to the Owner: City Engineer Carlsbad Medical Village, LP City of Carlsbad 9225 Dowdy Drive, Suite 106 1635 Faraday Avenue San Diego, CA 92126 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 H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-19 Carlsbad Medical Village - Rick\Bonds and AgreemenftENCROACHMENT AGMT(Ped Ramp).doc 9801 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, these parties hereto have executed this Agreement on this IITH day of Au&U^T 20 OS. OWNER Carlsbad Medical Village, L.P. a California Limited Partnership By: Goldentop Development I, LLC a Calif. Limited Liability Co. ITS General Partner Russell Ries, Managing Member By: (Print Name Here) (Sign Here) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2086"to APPROVED AS TO FORM: RONALD R. BALL City Attorney By: JMJL. Deputy City Attorney H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-19 Carlsbad Medical Village - Rick\Bonds and AgreementtENCROACHMENT AGMT(Ped Ramp).doc 9802 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of . Date personally appeared . , 200^ before me, USA- Here Insert Name and Title ol the Officer Name(s) of Signerts) USASCHWARIZ Commteton* 1573067 Notary PubHc - CaWomta San Diego c ourty MyComm. Expire Apr 26.2009 who proved to me on the basis of satisfactory evidence to be the person(e) whose name^is/are subscribed to the within instrument and acknowledged to me that he/ahe/they executed the same in his/hcr/frieif' authorized capacity(te9)r and that by his/her/their signature^) on the instrument the person^ or the entity upon behalf of which the person(e)-acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signatun OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Ar\A£A/jS>"T I I ) '^-^^D Number of Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRINT OF SIGNER Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRIN OF SIGNER D Trustee n Guardian or Conservator n Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here O2007 National Notary Association • 9350 De Solo Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotaiy.org Item *5907 Reorder: Call Ton-Free 1-800-876-6827 ORIGINAL H:\Development Services\PROJECTS\CT FILES\CT 05\CT 05-19 Carlsbad Medical Village - Rick\Bonds and AgreementtENCROACHMENT AGMT(Ped Ramp).doc 9803 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, Here insert Name and Title of the Officer Name(s) of Signer(s) Htlfl.KOWlIV Commtwton 4> 1771SM who proved to me on the basis of satisfactory evidence to be the person(sjf whose name(s() is/ar^subscribed to the within instrument and acknowledged to me that he/sh^/th^y executed the same in his/hgf/th/ir authorized capacity(ie^), and that by his/he'r/thefr signature^ on the instrument the person^, or the entity upon behalf of which the person^) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Sea! Above Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: J Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: G Individual G Corporate Officer — Title(s): G Partner — G Limited G General G Attorney in Fact G Trustee G Guardian or Conservator G Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top o! thumb here Signer's Name: 12 Individual G Corporate Officer — Title(s): G Partner — G Limited G General G Attorney in Fact G Trustee G Guardian or Conservator G Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave. RO. Box 2402 -Chatsworth. CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 BES • ORIGINAL GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Lisa Schwartz Commission Number: 1573067 Date Commission Expires: 4/26/09 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature:,o City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 9/26/08 Rec. Form #R10 (Rev.7/96) GOVERNMENT CODE 27361.7 9805 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Terie L. Rowley Commission Number: 1773534 Date Commission Expires: 10/15/11 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature:,City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 9/26/08 Rec. Form #R10 (Rev.7/96) 98G6 EXHIBIT 'A' LEGAL DESCRIPTION CARLSBAD MEDICAL VILLAGE LOT 1, PER CARLSBAD TRACT CT 05-19, MAP NO. 15638, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED NOVEMBER 1, 2007 PER FILE NO. 2007-0698363. P:\dwg\605\EMRA\605LEG-OA.doc 9807 EXHIBIT 'B' LEGAL DESCRIPTION OF PUBLIC RIGHT-OF-WAY BEING A PORTION OF CARLSBAD VILLAGE DRIVE PUBLIC RIGHT-OF-WAY, GRANTED PER FILE/PAGE NO. 17039, SERIES 8 BOOK, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 8, 1967, OFFICIAL RECORDS, FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF HIGHLAND STREET DISTANT THEREON NORTH 33°59'51" WEST (RECORD NORTH 34°33' WEST) 533.33 FEET FROM THE INTERSECTION OF SAID CENTER LINE OF HIGHLAND STREET WITH THE CENTER LINE OF OAK AVENUE; THENCE RETRACING ALONG SAID CENTER LINE OF HIGHLAND STREET SOUTH 33°59'51" EAST (RECORD SOUTH 34°33' EAST) 31.55 FEET; THENCE LEAVING SAID CENTER LINE AT RIGHT ANGLES THERETO SOUTH 56°00'09" WEST 30.00 FEET TO A POINT IN THE ARC OF A 10 FOOT RADIUS CURVE CONCAVE SOUTHERLY, SAID LAST MENTIONED COURSE BEING RADIAL TO SAID CURVE; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 15.71 FEET THROUGH A CENTRAL ANGLE OF 90°01'10"; THENCE TANGENT TO SAID CURVE SOUTH 55°58'59" WEST 62.62 FEET TO THE BEGINNING OF A TANGENT 1158 FOOT CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 287.39 FEET THROUGH A CENTRAL ANGLE OF 14°13'10" TO A POINT OF REVERSE CURVE, SAID REVERSE CURVE HAVING A RADIUS OF 1242 FEET AND BEING CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE 20.81 FEET THROUGH A CENTRAL ANGLE OF 00°57'35" TO A POINT IN THE NORTHEASTERLY LINE OF THAT CERTAIN PORTION OF SAID TRACT 119 CONVEYED BY SOUTH COAST LAND COMPANY, A CORPORATION, TO J. H. DEARDORFF AND ALICE H. DEARDORFF, HIS WIFE, BY DEED DATED AUGUST 12, 1922, AND RECORDED IN BOOK 934, PAGE 259 OF DEEDS; THENCE ALONG SAID NORTHEASTERLY LINE NORTH 33°59'51" WEST (RECORD NORTH 34°33' WEST) 62.54 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 56°05'36" EAST, 407.27 FEET (RECORD NORTH 55°27' EAST 409.30 FEET) TO THE POINT OF BEGINNING. P:\dwg\605\EMRA\605LEG-OB.doc 9808 EXHIBIT LEGAL DESCRIPTION OF ENCROACHMENT WITHIN PUBLIC RIGHT-OF-WAY BEING A PORTION OF CARLSBAD VILLAGE DRIVE PUBLIC RIGHT-OF-WAY, GRANTED PER FILE/PAGE NO. 17039, SERIES 8 BOOK, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 8, 1967, OFFICIAL RECORDS, FURTHER DESCRIBED IN EXHIBIT 'B' . PARCEL 1 ALL WITHIN THE BOUNDARIES OF THE FOLLOWING DESCRIBED AREA: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 1 OF MAP NO. 15638, ALSO THE BEGINNING OF A NON-TANGENT 1242.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY WITH A RADIAL BEARING OF NORTH 44°27'03" WEST; THENCE ALONG THE ARC OF SAID CURVE ALSO THE CARLSBAD VILLAGE DRIVE SOUTHERLY RIGHT-OF-WAY, 1. NORTHEASTERLY 8.85 FEET THROUGH A CENTRAL ANGLE OF 00°24'30" TO THE TRUE POINT OF BEGINNING, THENCE LEAVING THE SAID SOUTHERLY RIGHT-OF-WAY 2. NORTH 43°42'13" WEST 00 FEET TO THE BEGINNING OF A NON- TANGENT 1239.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY WITH A RADIAL BEARING OF NORTH 44°51'43" WEST; THENCE ALONG THE ARC OF SAID CURVE 3. NORTHEASTERLY 38.07 FEET THROUGH A CENTRAL ANGLE OF 01°45'37"; THENCE 4. SOUTH 45°12'05" EAST 3 00 FEET TO A POINT ALONG THE SOUTHERLY RIGHT-OF-WAY; ALSO THE BEGINNING OF A NON-TANGENT 1242.00-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY WITH A RADIAL OF NORTH 46°37'08" WEST; THENCE ALONG THE ARC OF SAID CURVE 5. SOUTHWESTERLY 38.15.00 FEET THROUGH A CENTRAL ANGLE OF 01°45'35" TO THE TRUE POINT OF BEGINNING, AS SHOWN ON EXHIBIT XC'. CONTAINS 114.32 SQUARE FEET, MORE OR LESS. P:\dwg\605\EMRA\605LEG-EMRA.doc Sheet 1 of 2 EXHIBIT 'C' 9809 n SHEET 2 OF 2 ENCROACH PVT. Pi PUBUC LEGAL DESCRIPTION: A PORTION OF CARLSBAD VILLAGE DRIVE PUBUC RIGHT-OF-WAY, GRANTED PER FILE/PAGE NO. 17039, SERIES BOOK 8, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED FEBRUARY 8, 1967, OFFICIAL RECORDS, FURTHER DESCRIBED IN EXHIBIT 'B'. APN: 156-190-54 VINDICATES AREA OF ENCROACHMENT (AREA=114.32 SF)&v2a * *,'a/aa/aa/aa/i PARTNERS Planning and Engineering 15938 Bernardo Center Drive San Diego, CA. 92127 Ph. (858) 376-3444 Fax: (858) 376-3555 VICINITY MAP NOT TO SCALE 605EMRA.dwg 8-8-08 2:01:18 pm EST