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HomeMy WebLinkAboutCT 81-41; TL Sheldon Enterprises; 83-199178; Encroachment Agreement- -- -. e .., . 867 B When recorded RvEurn rT City Clerk '. 61200 Elm Avenue Carlsbad, CA 92008 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is made by the CITY OF CARL municipal corporation, herein called "City" , and T.L. SHELDON ENTEI INC., a California Corporation, herein called "Corporation". RECITALS WHEREAS, Corporation has submitted a tentative map entit GROVE to the City referenced as CT-81-41/CP-187 ( "Tentative May WHEREAS, the City has approved the tentative map; and WHEREAS, the City owns an easement for sewer purposes acros: A of Parcel Map 1681 filed June 29, 1973, said property being 101 the City of Carlsbad, County of San Diego, State of California ( Said easement, a twelve foot sewer easement, was recorded on April as File No. 73-085550 ("Easement") ; and WHEREAS, the City has required that Corporation construct a garage over Line "B" located within the easement; and WHEREAS, construction cannot be allowed without the permi: the City; and WHEREAS, City and Corporation want to define their rights bilities in relation to said Line "B"; and WHEREAS, the Utility Department of the City wants to dt alternate route for a portion of Line I'B" within the easement if t ment is ever required to be relocated for maintenance and/or for and WHEREAS, the parties want to insure that future owners of perty and the GROVE CONDOMINIUM ASSOCIATION will be bound by the , , e 868 @ l and covenants of the Corporation; and WHEREAS, the City desires to be held harmless from any and 2 bility arising out of the construction of the parking garage o easement: and WHEREAS, the Corporation desires to be held harmless from all liability arising out of the normal operation and maintenancc easement. NOW THEREFORE, the parties agree as follows: 1. PERMISSION TO CONSTRUCT PARKING GARAGE GRANTED. Corpora hereby granted permission to construct the Parking Garage, Ramp, ing Wall, Footings and Foundations as shown on City Approved P: over, along and across the easement ("Structures"). 2. CORPORATION SHALL REPAIR DAMAGE TO SEWER DURING COSNTRUC' Corporation shall, at its own expense, restore to City Standa sewer main or other public improvement damaged or altered duri struction. All work related to such restoration in the easement accomplished only after obtaining a public improvement permit same. 3. REMOVAL AND RELOCATION OF PORTION OF SEWER. Corporatio remove and relocate, to the satisfaction of the City, as approve City Engineer, that portion of the sewer improvement located in t ment as shown in Exhibit "A" only upon the occurrence of any on following events: a. Damage occurs to the sewer in the easement as a result o charging of said sewer by the Structures, as defined in this E of the agreement, - and repair of Line "B" as shown on Exhibit -2- 0 8W 0 attached hereto is not feasible without relocation of thc main; b. Maintenance is determined to be not feasible over the por the easement referred to in Exhibit "A" as a result of the i ments over the easement; c. Repair of any break in or damage to the sewer, other tJ- caused by normal life expectancy or wear and tear, is not i without relocation of the portion of the sewer referred to hibit "A" (In the event the repair of the line is required b1 of normal wear and tear, the costs of repair shall be borne City, however, the costs of replacing any part or portion structure disturbed by the work shall be borne by the Corpc If the line is needed to be relocated by virtue of normal v tear, the Corporation or their successor in interest shall gi necessary appropriate easement for the line to the City and ' shall pay for the cost of the relocation of the line); or d. The sewer is rendered a hazard to the public health, sI the general welfare of the inhabitants of the project and citizens of the City by virtue of the construction of the str The City Engineer of the City of Carlsbad shall determine th rence of the events listed in this section and shall furtl all determinations regarding feasibility or cause for thc repairs or replacement. The decision of the City Engine< be final unless the decision is not reasonably supported evidence. For the purpose of this section feasible shallmear of being accomplished in a successful manner within a re -3- 8dv e <. 0 period of time taking into account economic, environment technological factors. 4. COST OF RELOCATION AND REPAIR CAUSED BY PARAGRAPH 3. FAC? Any cost for any relocation and/or repair caused by any of the listed in Paragraph 3. of this agreement shall. be borne by the C tion, or its successor in interest, including the GROVE CONI ASSOCIATION. Reserves sufficient to cover the cost of relocation I established by the Association for the possibility that reloca that portion of the sewer may be required by the City Engineer. 5. COST OF RELOCAITON AND REPAIR NOT CAUSED BY FACTORS MENT: IN PARAGRAPH 3. Any repair and/or relocation not caused by the factors listed 1 graph 3. of this agreement shall be accomplished by the City at . cost and expense and without charge to the Corporation and/or its sor in interest. The Corporation shall grant City all easements, or other permission required by City for the repair and/or re without cost to the City. 6. STANDARD OF MAINTENANCE OF STRUCTURES. The structures I installed and maintained in a safe and sanitary condition at t cost, risk and responsibility of the Corporation, or its succe: interest. Corporation shall hold City harmless from any and all li cost or damage with respect to the structures, arising out of ca ferred to in Paragraph 3. of the agreement. 7. CORPORATION INDEMNITY. Corporation shall at all times i and save City free and harmless from, and pay in full, any and all -4- 0 . v. 876 0 demands, losses, damages or expenses that the City may sustain o in any manner resulting from the construction, maintenance or USE structures causing (a) loss or damage to property and/or (b) injur death of persons providing said loss, damage, injury or death is prc ly caused by the Corporation, its contractors, its officers, agent: employees. 8. CITY INDEMNITY. City shall at all times indemnify a Corporation free and harmless from, and pay in full, any and all demands, losses, damages or expenses that Corporation may sus incur in any manner resulting from any work of the City within tl ment which causes (a) loss of or damage to property and (b) injur death of persons provided said loss, damage, injury and/or death . imately caused by negligence of the City, its contractors, offic gents and/or employees. 9. NO RELINQUISHMENT OF CITY RIGHTS. Nothing contained agreement shall be construed to mean that the City relinquishes ordinates to Corporation any interest in or right of the public the easement. 10. GRANT OF NECESSARY EASEMENTS FOR RELOCATION. Should the tion of the sewer referred to in Exhibit "A" become necessary opinion of the City Engineer, after all other methods of repair h explored, then the Corporation, or their successor in interest, i THE GROVE CONDOMINIUM ASSOCIATION shall grant such easement or e to the City as are necessary to construct and maintain the r sewer. This agreement is in consideration for such grant and no ad consideration or payment for the granting of such easements shall -5- e dI 872 0 to the Corporation. 11. REMOVAL OF STRUCTURES UPON ABANDONMENT OR DESTRUCTION. abandonment or substantial destruction of the Structures, and fail repair the same within 20 days, Corporation, at its expense, shall for the removal of the Structures and restoration of the public ea and affected improvements. 12. COMPLETION OF STRUCTURES. The Structures shall be compl within the life of the tentative map or any extensions thereof, or approved extension of this agreement. 13. TERMINATION OF PERMISSION TO ENCROACH. Permission to en herein is subject to revocation by the City upon the happening of earlier of the following events: a. That certain date occurring 50 years after the date of th Encroachment Agreement, unless this agreement is extended, fc additional periods of time, which extensions shall not be unr ably withheld by the City; b. Removal of the Structures with the approval of the City; c. Failure of the Corporation to comply with the terms of th agreement after being given 30 days written notice of the imF termination. 13. BINDING UPON HEIRS AND SUCCESSORS IN INTEREST. This agre shall be binding upon the heirs, assigns, successors in interest c Corporation and the covenants contained herein shall run with the and any and all subdivisions of said property. Whenever Corporatic mentioned in this agreement, it shall be interpreted to include ar to the successors or assigns of the Corporation including THE GRO! -6- 0 813 0 DOMINIUM ASSOCIATION. If Corporation, its successors or assigns, s fail to perform any covenant or obligation herein contained, the C perform the same and the costs thereof shall become a lien against aforesaid property and recoverable by the City in the same manner provided for abatement of a public nuisance. 14, RECORDATION OF AGREEMENT. This agreement shall be filed Office of the County Recorder of San Diego County. 15. ENCROACHMENT AUTHORIZED UPON EXECUTION OF AGREEMENT. Tk poration's encroachment as set forth in Paragraph 1. of this agree authorized upon the execution of this agreement by the City. 16. ATTORNEYS FEES. If any lawsuit or cause of action is ir in a court of competent jurisdiction, the prevailing party shall k titled to reasonable attorneys fees, costs of suit and expert witr fees, if any, in addition to such other relief as the court may ai -7- 0 874 e t f IN WITNESS WHEREOF, this Agreement is executed this 8th June 1953, by the City of Carlshad, acting thro City Manager and by Corporation. Dated this 9th day of JUne 1983 CITY THE CITY OF CARLSBAD A Municipal Corporation J @ ’ By: 9b- & -44. *- CORPORATION / T .I,. SHELDON /ENTERPRISES, IWC , A California Cor&ration// By: ~ -1 , ,/ .. OOQ-- (ncnld0 rnnmrnz ow32 -+;no 7- -I rn-rl D D- r zzoor II20- mm - Fez55 0, 0 b - - ry 0 m - - c e 876 e *. .. ACKNOWLEDGEMENT STATE OF CALIFORNIA 1 COUNTY OF ,Lp./h/U!&/ j ) ) On ?~~~~,/ 43 dr 1983 before mer the undersigned Notary E and for said State, personally appeared T.L. SHELDON persona to me or proved to me on the basis of satisfactory evidence person who executed the within instrument as the President SHELDON ENTERPRISES, INC., a California corporation that ex€ within instrument and acknowledged to me that such corporatior the within instrument pursuant to its by-:Laws or a resolutic board of directors. WITI’JESS MY HAND AND OFFICIAI, SEAL. . /$ ,A;.! SIGNATURE <&~QL-, ,)&MAL & y& //i,fL - -4 sa -lu rwm FLI:!T - C-LI-ZK ;, r;v cGrr;7 e.;. ?i :T? 11, !x , p!? j;/; ccw--h 22!% MZgie SifeLt S-t:c 232, San D:::cJ, SA F2iL0 d- [Seal3