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Home My WebLink AboutPR 04-119; Chevron USA Inc; 2005-0461226; Encroachment AgreementI- DOC # 2005-0461 226 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 RIGHT-OF-WAY PERMIT NO.: RW04-411 I 111111ll Ill 111111111111111111111111111111 11111 11111 111ll lllll Ill1 1111 JUN 02,2005 8:32 AM OFFICIAL RECORDS SAN GlEGCl COUNTY RECORDER'S OFFICE GREGCIRY J 5tdlTH. COUNTY RECORDER FEES 28 00 FAG E 5 8 I llllll Ill11 11111 11111 11111 11111 11111 Ill1 11111 Ill11 lllll Ill11 1111 11111 YII 1111 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 205-270-37-00 PROJECT NO. & NAME: 970 Tamarack Ave. PR 04-1 19 - 320 Chevron Station ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and CHEVRON U.S.A. INC. ("Applicant"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 970 Tamarack Avenue, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 205-270-37-00, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Tamarack Avenue for general utility and street 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 Applicant to allow installation of one (1) underground water-monitoring well to remain in a portion of Tamarack Avenue. A plat showing the location of the encroachment is attached as Exhibit "C" incorporated herein by this 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 Applicant and its successors in interest. (B) The Applicant 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 SERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 (C) The Applicant must remove or relocate any part of the encroachment within ten (10) 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: I If to the City: If to the Applicant: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 I Chevron U.S.A., Inc 145 S. State College Blvd. Brea, CA 92821 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 Applicant shall not constitute a waiver of any other default by Applicant and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Applicant. 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 Assians. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and ~ assigns. 2 H:/DEVELOPMENT SERVICESIMASTERSIAGREEMENTS. OTHER/ENCROACHMENT AGREEMENT REV. 0711 WOO2 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@) thereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this a8 day of Fehrk ct n ,2005. APPLICANT CHEVRON U.S.A., INC, a CITY OF CARLSBAD Pennsylvania Corporation -- Public Works Director n, C\N WALLW (Print Name) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 3 I H:/DEMLOPMENT SERVlCESMASTERSlAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 State of California County ofmo 1 &@.#4r36CH personally known to me - ) to be the persondwhose named isladsubscribed to the within instrument and acknowledged to me that hekbehey executed the same in his/be&heir authorized capacity(w and that by his/keFtWteir signature0 on the instrument the personm or entity upon behalf of which the personNacted, executed the instrument. WITNESS my hand and official seal u& Signature of ?(otary I I WILLIAM LOCKWOOD MASON JR. Commission # 1385530 Notary Public - California f Orange County Mv Comm. Emkes Nov 19.2006 - a z (This area for official notary seal) Title or Type of Docu Date of Document No.of Pages 3 Signer@) other than na'med above +rrt WGd &&iCiL%-f lkkW L-lbv Y) R /-L,,btr , P. L- I' 0 rc. o,.zLc- Cl tlJ L 4 HYJEVELOPMENT SERVlCESlMASTERSlAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002 EXHIBIT “A” PARCEL A: That portion of Lot 1 of Tamarack Center, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 6222, filed in the Office of the County Recorder of said County. November 13, 1968, as more particularly described as follows: Beginning at the intersection of Tamarack Avenue and Adams Street as said Avenue and Street are shown on Map 1681; thence South 61O52’07” West 208.00 feet along the centerline of said Avenue thence North 28O29’00 West 46.00 feet to the most Easterly corner of said Lot 1, being the True Point of Beginning thence North 28O29’00” West 145.00 feet along the Northeasterly line of said Lot 1; thence South 61O52’07” West 160.00 feet; thence South 28O07’53” East 35.00 feet thence South 16O37’20” West 93.77 feet to a point on the Southerly line of said Lot 1; thence Southeasterly and Northeasterly along the boundary of said Lot 1 (1) South 59O10’44” East 46.00 feet; (2) North 85O49’52” East 9.85 feet (3) North 61O52’07” East 194.18 feet to the True Point of Beginning. (Said Legal Description is also known as all of Parcel 1 of Parcel Map No. 207, Recorded February 20,1970, as file No. 31911 of Official Records). Reserving there from, in favor of Grantor, a permanent easement for ingress and egress over all of the above shown property. PARCEL B: A permanent easement right for ingress and egress over the following described premises lying immediately adjacent to Parcel A above, being described as follows: That portion of Lot 1 of Tamarack Center in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 6222, filed in the Office of the County Recorder of said County, November 13, 1968, more particularly described as follows: Beginning at the intersection of Tamarack Avenue and Adams Street as said Avenue and Street as shown on Map 1681; thence South 61O52’07” West 208.00 feet along the Centerline of said Avenue; thence North 28O29’00” West 46.00 feet to the most Easterly corner of said Lot 1; thence North 28O29’00” West 145.00 feet along the Northeasterly line of said Lot 1 to the True Point of Beginning; thence continuing along said Northeasterly line of Lot 1 North 28O29’00” West 79.00 feet to the most Northerly corner of said Lot 1 thence South 61O52’07” West 367.14 feet to the most Westerly corner of said Lot 1; thence along the Southwesterly line of said Lot 1 (1) Southeasterly along a curb concave Northeasterly with a radius of 370.00 feet through an angle of 25O50’45”, an arc distance of 166.91 feet to a point of reverse curvature of a curve concave Southwesterly with a radius of 180.00 feet’ thence (2) Southeasterly through an angle of 19°13’09”an arc distance of 60.38 feet; thence (3) tangent to said curve South 59O10’44” East 4.00 feet; thence leaving said Southwesterly line North 16O37’20” East 93.77 feet; thence North 28O07’53” West EXHIBIT “A” (page 2) 35.00; thence North 61O52’07” East 160.00 feet to the True Point of Beginning (said Legal Description is also known as all of Parcel 2 of Parcel Map No,. 207, recorded February 20,1970, as file No. 31911 of Official Records). PARCEL C: An easement for the installation and maintenance of a freeway identification sign and related conduit, for as long as the existing sign is permitted by the City of Carlsbad Planning department or other governing agency with jurisdiction over, along and across; That portion of Lot 1 of Tamarack Center, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 6222, filed in the office of the County Recorder of said County, November 13, 1968, as more particularly described as follows: Beginning at the intersection of Tamarack Avenue and Adams Street as said Avenue and Street are shown on Map 1021 thence South 61O52’07” West 208.00 feet along the centerline of said Avenue; thence North 28O29’00’ West 46.00 feet to the most Easterly corner of said Lot 1; thence North 28O29’00’ West 145.00 feet along the Northeasterly line of said Lot 1; thence South 61O52’07” West 160.00 feet; thence South 28O07’53” East 35.00 feet; thence South 16O37’20” West 93.77 feet to a point on the Southerly line of said Lot 1 being the True Point of Beginning; thence along the Southerly line of Lot 1 North 59O10’44” West 4.00 feet to the beginning of a tangent 180.00 foot radius curve concave Southerly; thence Westerly along the arc of said curve 60.38 feet through a central angle of 19O13’09” to a point of reverse curvature with a 370.00 foot radius curve concave Northeasterly; thence Northwesterly along the arc of said curve 166.91 feet through a central angle of 25O50’45” to the most Westerly corner of said Lot 1; thence along the Northwesterly line of said Lot 1, North 61O52’07” West 24.16 feet to a point in a 365.00 foot radius curve concave Northeasterly, a radial to which bears South 34O28’09” West; thence along the arc of said curve 145.67 feet through a central angle of 22O52’02” to a point of reverse curvature with a 185.00 foot radius curve concave Southerly; thence along the arc of said curve 62.06 feet through a central angle of 19O13’09”; thence tangent to said curve South 59O10’44”; East 2.74 feet; thence South 16O37’20” West 5.16 feet to the True Point of Beginning (said Legal Description is also known as a portion of Parcel 2 of Parcel Map No. 207, Recorded February 20,1970, as File No. 31911 of Official records). EXHIBIT “B” EASEMENT A general utility and street access easement granted to the City of Carlsbad over Tamarack Avenue, as shown on Map number 1681, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County recorder of San Diego County, in August 191 5. I I I I I I I I 1 I i I I i