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Home My WebLink AboutPR 050019; San Elijo Lagoon Conservancy; 2005-0288024; Encroachment AgreementDOC # 2005-0288024 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 I llllllll Ill 11111 lllll111ll11111111ll Ill11 11111 111ll111ll111ll11111111 APR 07,2005 4:46 PM OFFICIAL RECORDS SA11 CllEGU COUNTY RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES 0 00 PAGES 6 I111111 Ill11 Ill11 11111 11111 1111 Ylll lllll Ill11 Ill11 11111 11111 1111 11111 1111 111 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: 223-617-22 PROJECT NO. & NAME: San Marcos Creek Stream Gauge PRO5001 9 RIGHT-OF-WAY PERMIT NO.: RW050040 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and The San Elijo Lagoon Conservancy ("Applicant"), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code. 1. The Easement. City currently owns an existing Drainage Retention Basin over, under, and across a portion of lot 240 of Carlsbad Tract No. 99-04-01, Villages of La Costa - La Costa Oaks South, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 14379, filed in the Ofice of the County Recorder of San Diego County on April 29, 2002, as depicted in Exhibit "C". 2. The Encroachment. City hereby covenants and agrees and grants its permission to Applicant to allow a Stream Flow Station, conduit, and sensor to remain in a portion of the Drainage Retention Basin. 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 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. (C) The Applicant 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 MASTERSlFORMSlENCROACHMENT AGREEMENT 1 REV. 12/24/97 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 Applicant: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 San Elijo Lagoon Conservancy P.O. Box 230634 Encinitas CA 92023 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 Assinns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. 2 I MASTERSFORMSIENCROACHMENT AGREEMENT 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 CI 2s day of t<t-d,- r- ,20ar. APPLICANT CITY OF CARLSBAD San Elijo Lagoon Conservancy -. By: 6 .& LLOYD B.?hUSBS,@.E. City Engineer Title: Executive Director and Principal Scientist APPROVED AS TO FORM: RONALD R. BALL City Attorney (Proper notarial acknowledgement of execution by PERMITTEE must be attached) (President or vice-president and secretary or assistant secretary must sign for corporation. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) MASTERS/FORMS/ENCROACHMENT AGREEMENT 3 REV. 12/24/97 State of California ) 1 County of San Diego ) On 1 (Name, Title of Officer) personally appear 1 63 @ (or proved to me on the basis of satisfactory evidence) to be the person@ whose name@ islare- subscribed to the within instrument and acknowledged to me that he/skeftheg, executed the same in his/hlerftkeir authorized capacity@%), and that by his/heMhm ' signature@ on the instrument the persono, or entity upon behalf of which the person@) acted, executed the instrument. WITNESS my hand and official seal n (This area for official notary seal) II 1 Title or Type of Document Date of Document Signer(s) other than named above No. of Pages MASTERS/FORMS/ENCROACHMENT AGREEMENT 4 REV. 12/24/97 E)@@ .. I, W