Loading...
HomeMy WebLinkAboutCT 07-04; Bressi Ranch Medical Plaza LLC; 2008-0545073; Encroachment AgreementRECORDING 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 DGC# 2008-0545073 OCT20, 2008 12:08 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH. COUNTY RECORDER FEES: 3900 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-260-01-00 PROJECT ID: CT 07-04 11 PROJECT NAME: Bressi Ranch Medical Plaza RELATED PROJECT ID: PR 08-47 RELATED PROJECT ID: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Bressi Ranch Medical Plaza, LLC ("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 Southeast corner of El Camino Real and Town Garden Road within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-260-01-00, 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 waterline 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 enhanced paving to remain in a portion of the waterline 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. (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 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 Bressi Ranch Medical Plaza, LLC City of Carlsbad 1280 Bison Avenue 1635 Faraday Avenue B9-609 Carlsbad CA 92008 Newport Beach, CA 92660 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. 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 /<Z day of OWNER Bressi Ranch Medical Plaza, LLC By: (Sign Here) (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. 06/30/2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney Bv: Deputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S-a-M On Se^0!- I U. Date personally appeared Name(s) of Signer(s) IHHf I. ROWLEY Conynfcrton * 1773834 Mofoiy Public * CollfofniQ i tan DMgo County I who proved to me on the basis of satisfactory evidence to be the person^ whose name(s^s/ater subscribed to the within instrument and acknowledged to me that he/gbe/theyexecuted the same in his/tjefi'tbeir authorized capacity(igs)r"and that by his/hej#hejpsignature{s)'on the instrument the person^ or the entity upon behalf of which the personi^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 Notaiy Seal 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: 5" j- I 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 THUMBPRINT OF SIGNER D Trustee D Guardian or Conservator D Other: Signer Is Representing: Top of thumb here D Trustee n Guardian or Conservator D Other: Signer Is Representing: Top of thumb here O2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.NattonalNotary.org Item *5907 Reorder: Call Ton-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date personally appeared before me,Here Insert Name and Title f the Officer Name(s) of Signer(s) HMii.tomiv NoKKyPubWc-CoHfomta I tan Ofego County 5 BESTCOPY Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personte) whose name^is/a^ subscribed to the within instrument and acknowledged to me that he/sjje^they executed the same in his/h^f/tjjefr authorized capacityfl^), and that by his/hpfftheif signature^ on the instrument the person^ or the entity upon behalf of which the personjX) 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. 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:S^L. /u.J^o? "nan Named Above: •* *<*-jj\f^ A. 4 Number of Paaes: 3 + =1 fi-l*-^-4- (. Vl ^'-C^-2-0 ^ Capacity(ies) Claimed by Signer(s) Signer's Name: _ LJ Individual D Corporate Officer — Title(s): _ C] Partner — D Limited D General D Attorney in Fact [j Trustee D Guardian or Conservator D Other: _ RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing: Signer's Name: D Individual G Corporate Officer — Title(s): n Partner — D Limited D General LJ Attorney in Fact [j Trustee LJ Guardian or Conservator LJ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402-Chatsworth, CA 91313-2402-www.NationalNotary.org Item *5907 Reorder: Call Toll-Free 1-800-876-6827 EXHIBIT "A" THE PROPERTY LEGAL DESCRIPTION PAGE 1 OF 1 REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 1 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005. EXHIBIT "B" WATER LINE EASEMENT LEGAL DESCRIPTION PR 08-24, CT 02-15 PAGE 1 OF 4 THE LAND DESCRIBED HEREIN IS A PORTION OF LOT 1 OF THE CITY OF CARLSBAD TRACT CT 02-15, ACCORDING TO MAP THEREOF NO. 14960 FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 4, 2005, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE EASTERLY BOUNDARY OF LOT 1 AND THE WESTERLY RIGHT-OF-WAY OF METROPOLITAN STREET, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 56.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 35°59'32" WEST, THENCE ALONG THE EASTERLY BOUNDARY OF LOT 1 AND THE WESTERLY RIGHT-OF-WAY OF METROPOLITAN STREET, NORTHWESTERLY ALONG SAID CURVE 22.92 FEET THROUGH A CENTRAL ANGLE OF 23°26'51" TO A POINT OF NON- TANGENCY, A RADIAL LINE TO SAID POINT BEARS SOUTH 59°26'23" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY BOUNDARY AND WESTERLY RIGHT-OF-WAY, SOUTH 86°54'10" WEST 51.58 FEET; THENCE NORTH 81°50'50" WEST 98.34 FEET; THENCE NORTH 08°09'10" EAST 6.48 FEET; THENCE NORTH 81°50'39" WEST 10.00 FEET; THENCE NORTH 08°09'21" EAST 30.00 FEET; THENCE SOUTH 81°50'39" EAST 10.00 FEET; THENCE NORTH 08°09'10" EAST 69.17 FEET; THENCE NORTH 04°34'21" WEST 57.45 FEET TO THE NORTHERLY BOUNDARY OF LOT 1 AND THE SOUTHERLY RIGHT-OF-WAY OF TOWN GARDEN ROAD, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 336.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 00°34'21" EAST; THENCE EASTERLY ALONG SAID CURVE 20.02 FEET THROUGH A CENTRAL ANGLE OF 3°24'50" TO A POINT OF NON-TANGENCY, A RADIAL LINE TO SAID POINT BEARS SOUTH 03°59'11" EAST; THENCE LEAVING SAID NORTHERLY BOUNDARY AND SOUTHERLY RIGHT-OF-WAY, SOUTH 04°34'21" EAST 24.51 FEET; THENCE NORTH 69°35'48" EAST 20.29 FEET; THENCE SOUTH 20°24'12" EAST 20.00 FEET; THENCE SOUTH 69°35'48" WEST 25.96 FEET; THENCE SOUTH 04°34'21" EAST 13.59 FEET; THENCE SOUTH 08°09'10" WEST 87.88 FEET; THENCE SOUTH 81°50'50" EAST 76.37 FEET; THENCE NORTH 86°54'10" EAST 0.15 FEET; THENCE NORTH 03°05'50" WEST 13.02 FEET; THENCE NORTH 86°54'10" EAST 20.00 FEET; THENCE SOUTH 03°05'50" EAST 13.02 FEET; THENCE NORTH 86°54'10" EAST 23.45 FEET TO THE EASTERLY BOUNDARY OF LOT 1 AND THE WESTERLY EXHIBIT "B" WATER LINE EASEMENT LEGAL DESCRIPTION PR 08-24, CT 02-15 PAGE 2 OF 4 RIGHT-OF-WAY OF METROPOLITAN STREET, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 56.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 80°55'53" WEST; THENCE ALONG SAID EASTERLY BOUNDARY AND WESTERLY RIGHT-OF-WAY, SOUTHERLY ALONG SAID CURVE 21.01 FEET THROUGH A CENTRAL ANGLE OF 21°29'30" TO THE TRUE POINT OF BEGINNING. CONTAINS 6,805 SQUARE FEET OR 0.1562 ACRES OF LAND, MORE OR LESS. DATED THIS A DAY OF -. 2008. D6NALD ROY CURRY, ^L.S. 7846 EXP. 12/31/08 EXHBfT'B' WATER LINE EASEMENT PLAT PAGE 3 OF 4 W LOKER AVE INNOVATION WY TOWN GARDEN RD ALICANTE RD METROPOLITAN ST SfTE VICINITY MAP NOT TO SCALE i LEGAL DESCRIPTION LOT 1 OF THE CITY OF CARLSBAD TRACT CT 02-15 ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE SAN DIEGO COUNTY RECORDER FEBRUARY 4. 2005, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BASIS OF BEARING THE BEARINGS REFERENCED HEREIN ARE BASED ON THE SOUTH BOUNDARY OF LOT 1, SHOWN ON MAP No. 14960 AS NORTH 89'17"12" WEST FUSCOE ENGINEERING INC. 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122 WATERLINE EASEMENT PLAT - CMWD OWNER BRESSI RANCH MEDICAL PLAZA PREPARED BY 936 E. SANTA ANA BLVD APN 213-260-01 SANTA ANA, CA 92701 PHONE: (714) 567-9260 DONALD ROY CURKY^ LS 7846 LICENSE EXPIRES 12/31/08 DATE CT 02-15 PR 08-24 L5GEAD p.o.c. T.P.O.B. WATER LINE EASEMENT AREA 6,805 SO. FT. PROJECT BOUNDARY STREET CENTER LINE STREET RIGHT-OF-WAY POINT OF COMMENCEMENT TRUE POINT OF BEGINNING EXWBFT 'B' WATER UNE EASEMENT PLAT PAGE 4 OF 4 r \so*° 01 NO 4 °34'21' 13.59' 120' L7AE WflLE L;AE LI L2 LJ L4 L5 L6 L7 L8 L9 L10 L11 L12 BEARING N08°09'10"E N81'50'39"W N08'09'21"E SB1'50'39"E N69'35'48"E S20'24'12"E S69°35'48"W N86'54'WE N03'05'50"W N86'54'WE S03'05'50"E N86'54'W"E DISTANCE 6.48' 10.00' 30.00' 10.00' 20.29' 20.00' 25.96' 0.15' 13.02' 20.00' 13.02' 23.45' 8> CURVE TABLE CURVE C1 C2 C3 DELTA 23°26'51" 3 '24 '50" 2 1 '29 "30" RADIUS 56.00' 336.00' 56.00' LENGTH 22.92' 20. 02 ' 21.01' L10 18-/^ LJ2 .37' I SCALE: 1"= 40' LOT/ MAP 14960 51 58' S86'54'10"W ^> IPQfl P.O.C. TR). S35°59'32"W/(R) 10' 20' 40'-N89'17'12"W 396.14' BASIS OF BEARINGS GRAPHIC SCALE WATERLINE EASEMENT PLAT - CMWD OWNER BRESSI RANCH MEDICAL PLAZA PREPARED BY APN 213-260-01 936 E. SANTA ANA BLVD SANTA ANA, CA 92701 PHONE: (714) 567-9260 DONALD ROY CURRY^ LS 7846X LICENSE EXPIRES 12/31/08 DATE CT 02-15 PR 08-24 EXHIBIT 'C' ENCROACHMENT AREA DEPICTION PAGE 1 OF 1 PUBL/C WATER LINE EASEMENT AREA OF ENCROACHMENT - ENHANCED PAVING WITHIN PUBL/C WATER LINE EASEMENT SCALE: 1"= 20' 10' 20' GRAPHIC SCALE FUSCOE ENGINEERING INC.-SAN DIEGO 6390 GREENWICH DR. STE. 170 SAN DIEGO, CA 92122