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Home My WebLink AboutCUP 01-10; Azure Investors LLC; 2002-1076951; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE FEES: 29.00 GMGMY J SMITHt GWNTY RECORDER SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: 216-124-17-00 PROJECT NO. & NAME: PR 02-76 Carlsbad Vons - SD40XC307B RIGHT-OF-WAY PERMIT NO.: RW 02-\70 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Azure Investors, L.L.C., A Delaware Limited Liability Company ("Owner"), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 7710 El Camino Real, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 216-124-17-00, and more particularly described in Exhibit "A", attached hereto and incorporate d herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public street and public utility 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 one 4" diameter conduit and one 3" diameter conduit placed underground for Telco wire and/or cable to remain in a portion of the 84' wide La Costa Avenue public street and utility 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. 1 H:/DEVELOPMENT SERVICEWMAS TERSIAGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 12/24/97 (C) The Owner must remove or relocate any part of the encroachment within ten (IO) 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 Ted Levis City of Carlsbad Azure Investors, L.L.C., A Delaware 1635 Faraday Avenue Limited Liability Co. Carlsbad CA 92008 225 S. Meramel Ave., Ste. 411 St. Louis, MO 63105 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 Assinns. 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. ill 2 H:/DEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 12/24/97 (C) The Owner must remove or relocate any part of the encroachment within ten (IO) 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 Ted Levis City of Carlsbad Azure Investors, L.L.C., A Delaware 1635 Faraday Avenue Limited Liability Co. st=- Carlsbad CA 92008 225 S. Meramel Ave., Ste. 3sfd' ' St. Louis, MO 63105 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. Ill Ill Ill Ill 2 H:IDEVELOPMENT SERVICESIMASTERSIAGREEMENTS, OTHEWENCROACHMENTAGREEMENT REV. 12/24/97 Ill 8. Capacitv. Each party represents that the person@) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. /'Th day of b&hW 20 6h. IN WITNESS WHEREOF: this parties hereto have executed this Agreement on this OWNER CITY OF CARLSBAD Azure Investors, L.L.C. I A Delaware Limited Liability Company By: W By: DL tQ lLscscvrw - LLOYD B. HUBBS, P.E. EDWIN LEVIS 111, MANAGER City Engineer APPROVED AS TO FORM: RONALD R. BALL City Attorney 3 HYDEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 12/24/97 Dersonally appeared (Name[s] of Signer[s]) Dersonally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person@) whose name@) idare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by is/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 4 H:IDEVELOPMENT SERVICESNASTERSIAGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 12/24/97 EXHIBIT A Parcel B of Parcel Map No. 10283, in the City of Carlsbad, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 30, 1980 as Instrument No. 80-240721, Official Records. EXHIBIT B A portion of a Public Street and Utility Easement for La Costa Avenue fronting Parcel B of Parcel Map No. 10283, in the City of Carlsbad, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, June 30, 1980 as Instrument No. 80-240721, Official Records. 4” CONDUIT FOR TELCO CABLE, 3” CONDUIT FOR POWER CABLE (1 ’ SEP.) ”””” NEW LG ELCO POWER RUN fllZ’ ”” L~ COSTA ””4 i : ”-” ‘1, (!I ‘I, I!, (E) f15’-0‘ HICH PEPPER TREE w,e’n’ C-l45S“” “”” ””- NEW SERVICE U?!3 (N) 6’ WWLT TO MTQI MISTING \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ PROJECT PROJECT NAME: CARLSBAD VONS -- SD40XC307 NUMBER: PR 02-76 I c EXHIBIT: