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Home My WebLink AboutPP 24J; North San Diego County Transit Development Board; 2002-0400121; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk Clpl OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2002-0400121 MAY 3-03 2002 4~39 PM FEES: 29.00 I SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.:' 156-301-1 1 PROJECT NO. 8 NAME: PP 24J Plaza Camino ReallNCTD Bus Transfer Station DWG 398-7 8 7A RIGHT-OF-WAY PERMIT NO.: RW 02-86 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (Agreement) is entered into between :he PARKING AUTHORITY OF THE CITY OF CARLSBAD (Parking Authority) and the NORTH 3AN DIEGO COUNTY TRANSIT DEVELOPMENT BOARD (Permitee), in accordance with :hapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Parking Authority is the owner of that certain real property ocated at Plaza Camino Real, within the City of Carlsbad, San Diego County, California, ksessor's Parcel Number 156-301-11, and more particularly described in Exhibit "A, attached iereto and incorporated herein by reference. 2. The Easement. City of Carlsbad (City) currently owns an existing easement )ver, under, and across Parking Authority's property for waterline purposes which easement is iescribed in Exhibit "B attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission o Permitee to allow Bus Transfer Station improvements to remain in a portion of the waterline ?asement which encroachment is described in Exhibit "C" attached hereto and incorporated by eference. A plat showing the location of the encroachment is attached as Exhibit "D attached iereto and incorporated by reference. This Agreement is subject to the following terms and :onditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the Permitee and its successors in interest. ASTERSlFORMSlENCROACHMENTAGREEMENT 1 REV. 1Zl24R7 The Permitee 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. The Permitee 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 be reimbursed to City by Permitee. 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. 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 Permitee: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 which addresses may be changed from time to time by providing notice to the other party in the manner described above. not constitute a waiver of any other default by Permitee and shall not be deemed a waiver or 6. m. City's consent to or approval of any act or omission by Permitee shall render unnecessary City's consent for approval to any subsequent act by Permitee. 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. Ill 111 Ill UASTERSIFORMSIENCROACHMENTAGREEMENT 2 REV 12/24/97 8. CaDacity. Each party represents that the person@) executing this Agreement on Iehalf of such party have the authority to execute this Agreement and by such signature@) hereby bind such party. day of AfPZ L I 203&& IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this NORTH SAN DIEGO COUNTY TRANSIT CITY OF CARLSBAD DEVELOPMENT BOARD EXECUTIVE DIRECTOR City Engineer APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City Attorney MASTERSIFORMSIENCROACHMENTAGREEMENT 3 REV 12RPI¶7 EXHIBIT “A” LEGAL DESCRIPTION FOR LOT 27. BEING A PARCEL OF LAND IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS LOT 27 OF CARLSBAD TRACT NO. 76-18 (PLAZA CAMINO REAL SHOPPING CENTER) ACCORDING TO MAP NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. CONTAINING 23.73 ACRES. SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHT-OF-WAY AND OTHER MATTER OF RECORD, IF ANY. PP 24 (J) EXHIBIT “B” LEGAL DESCRIPTION FOR WATERLINE EASEMENT WITHIN LOT 27. THAT PORTION OF A WATERLINE EASEMENT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, 15 FEET IN WIDTH, LYING WITHIN LOT 27, OF CARLSBAD TRACT NO. 76-18, ACCORDING TO MAP NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. SAID EASEMENT DEDICATED TO THE CITY OF CARLSBAD BY SAID MAP. PP 24 (J) EXHIBIT "C" LEGAL DESCRIPTION FOR NORTH COUNTY TRANSIT DISTRICT ENCROACHMENT REMOVAL AGREEMENT WITHIN EXISTING CITY OF CARLSBAD WATERLINE EASEMENT. THAT PORTION OF AN EXISTING 15- FOOT WIDE WATERLINE EASEMENT LYING WITHIN LOT 27 OF CARLSBAD TRACT NO. 76-18, AND DEDICATED BY SAID TRACT, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS SHOWN ON A MAP NO. 8956 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A STRIP OF LAND 15.00 FEET IN WIDTH, LYING 7.50 FEET ON EACH SIDE OF A CENTERLINE WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH EAST CORNER OF LOT 29 OF SAID TRACT, SAID BEGINNING BEING THE COMMON LOT CORNER OF LOTS 27,28 AND 29 OF SAID TRACT AND THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 300.00 FEET, SAID CURVE BEING THE COMMON LOT LINE OF SAID LOTS 27 AND 29 OF SAID TRACT, A RADIAL, TO SAID CURVE BEARS NORTH 43"25'19" WEST, THENCE SOUTHWESTERLY 241.68 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46'09'27'': THENCE CONTINUING ALONG SAID COMMON LOT LINE, SOUTH OO25'14" WEST, 130.50 FEET; THENCE LEAVING SAID COMMON LOT LINE, EAST, 80.41 FEET TO A POINT ON THE CENTERLINE OF SAID WATERLINE EASEMENT, DEDICATED ON SAID MAP AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE ALONG THE CENTERLINE OF SAID WATERLINE EASEMENT, NORTH, 185.00 FEET, TO THE NORTHERLY TERMINUS OF THIS ENCROACHMENT REMOVAL. ALL AS SHOWN ON EXHIBIT A, ATTACHED HERETO AND MADE A PART HEREOF. SUBJECT TO EASEMENTS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, RIGHTS, RIGHT-OF-WAY AND OTHER MATTER OF RECORD, IF ANY. PRO\- 113 PP 24 (J) SKETCH TO ACCOMPANY LEGAL DESCRIPTION FOR NORTH COUNTY TRANSIT DISTRICT ENCROACHMENT REMOVAL AGREEMENT WITHIN EXISTING i CARLSBAD MUNICIPAL WATER DISTRICT WATERLINE EASEMENT ,/ LOT 28 """"_ COMMON LOT LOTS 27, 28 & 29 Q 15"WIDE CMWD WATER CARLSBAD TRACT NO. 76-18 EASEMENT DEDICATED PER LOT 27 (A.P.N. 156-301 -1 1) CARLSBAD MAP NO. 8956 TRACT NO. 76-18 ENCROACHMENT REMOVAL AGREEMENT PORTION OF WATERLINE EASEMENT P& D Consultants EXHIBIT "D" PEOl-113 999 Town & Country. 4th floor Oran e, CA 92868 (714y 835-4447 AGREEMENT PLAT ENCROACHMENT REMOVAL ' 10-11-01 I;%; 6 BY: By: HK SQ A AL: w - 1 - 50' ~:w/zz/oz H:IZ \\Pdormt2\pos~a~c~~crn~~~~~~~ SHEET: 1 OF 1 F 0 proved to me on the basis of satisfactory evidence personally known to me to be the personNwhose name&/& subscribed to the within instrument and acknowledged to me that hehb8t4ey and that by his/hWth.signaturewon the instrument the executed the same in hish/W authorized capacivw person& or the entity upon behalf of which the person& acted, executed the instrument. WITNESS my hand and official seal ~ ~ Though the information below is nof required by law, if may prove valuable to persons relying on the document and could prevenf fraudulent removal and reattachment of this form to another document. Capacity(ies) Claimed by Signer(s) Signer's Name: Y?JI&RrJYt) ,&U/fl/dOFF 0 Individual Corporate Officer Title(s): %E CM TSUE BTZECTd e 0 Partner - 0 Limited 0 General I O Attorney-in-Fact 0 Trustee 0 Guardian or Conservator 0 Other: Title(s): 0 Trustee 0 Other: Signer Is Representing: 'r\ I \I 0 19% National NMaW ASSmiation * 8236 Remmel Ave., P.O. Sax 7184. Canqa Park, CA 91309-7184 Pmd. No. 5W7 Reorder CallToll-Free 1-800-87 :6