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
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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
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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
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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
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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
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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!
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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
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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
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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
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