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Home My WebLink AboutPR 02-110; Arden Realty Finance III LLC; 2003-0362105; Encroachment AgreementDOC # 2003-0362105 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: 21 2-093-1 2-00 21 3-050-37-00 PROJECT NO. & NAME: PR 02-1 IO, Sea Silver RIGHT-OF-WAY PERMIT NO.: RW 02-310 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Arden Realty Finance Ill, 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 1950 Camino Vida Roble, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 21 2-093-1 2-00 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 general utility and access 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 four 1 - 1 l/s " diameter PVC ducts and six 4'x4'x4' manholes and related appurtenances subject to the City Engineer's approval to remain in a portion of the 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, 1 H:/DEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENT AGREE~NT REV. 12/24/97 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 (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 Aareement. 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 Arden Realty Finance Ill, L.L.C., City of Carlsbad a Delaware Limited Liability Company 1635 Faraday Avenue 11601 Wilshire Blvd., 4'h Floor Carlsbad CA 92008 Los Angeles CA 90025 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 Assims. 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 I 2 H:/DEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENTAGREEMENT REV. 12/24/97 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, this parties hereto have executed this Agreement on this CITY OF CARLSBAD By: foA LLOYDKHUBBS@.E. City Engineer 'I APPROVED AS TO FORM: RONALD R. BALL City Attorney 3 H:IDEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 12/24/97 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California personally appeared V,OT..R X CBL-pA&d Name@) of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the person@) whose name$) ish subscribed to the within instrument and acknowledged to me that hei%dthey executed the same in hishdtbeir authorized capacity(@, and that by his- signature($) on the instrument the person($, or the entity upon behalf of which the person($ acted, executed the instrument. 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 reaftachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General [I! Guardian or Conservator Signer Is Representing: 0 1999 Nallonal Notary AssoaaI1on * 9350 De Soto Ave., P.O. Box 2402 - Chaisworlh. CA 91313-2402 * www.natlonalnofary.org Prod No 5907 Reorder: Call Toll-Free 1-800-876-6827 U(3A.L DESCRIPTION Nore: Said land b also know u kt A of Ciry of Culsbad Adjuameat Plac No. 395. EXHIBIT B A GENERAL UTILITY AND ACCESS EASEMENT GRANTED TO THE CITY OF CARLSBAD, SHOWN AS: CAMINO VlDA ROBLE ON MAP NO. 11287, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JULY 15,1985; AND, CAMINO VlDA ROBLE ON MAP NO. 11288, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JULY 15,1985; AND, CAMINO VlDA ROBLE ON MAP NO. 10062, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON APRIL 15,1981; AND, CAMINO VlDA ROBLE ON MAP NO. 9389, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON SEPTEMBER 26,1979. Exh ib it " 1950 Camino Wda Roble VICINIM MAP Note: Avoid trenchmg across Pdoma Airport Road Polmar Airpw Road by dkectiand boring Conduit and related appurtenances shall be instollcd ff other appro& method by City Engmea. NOT TO SCALE 2385 Cmho Wda Roble PROPOSED TRENCH PROPOSED MANHOLE ET Comino Real POI ! SHEET 1 Of 1 a