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Home My WebLink AboutPR 050119; SDG& E; 2006-0496918; Encroachment AgreementDGC# 2006-0496918 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 JUL14, 2006 11:00 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 22.00 PAGES: 6 6137 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 210-010-40 PROJECT NO. & NAME: SDG&E NORTH COAST FACILITY PR050119 RIGHT-OF-WAY PERMIT NO.: RW050341 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and San Diego Gas & Electric ("Owner"), 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 5016 Carlsbad Blvd., within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-010-40, 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 Cannon Road for public road and utility purposes as depicted 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 an 18" storm drain pipe to remain in a portion of Cannon Road. A plat showing the location of the encroachment is attached as Exhibit "B" 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. (C) The Owner must remove or relocate any part of the encroachment within 1 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 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 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 San Diego Gas & Electric City of Carlsbad 9965 Carol Canyon Rd 1635 Faraday Avenue San Diego CA 92131 Carlsbad CA 92008 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. 2HI/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 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, these^parties hereto have executed this Agreement on this day of OWNER San Diego Gas & Electric By:^S/ itle: %& Jim Seifert Title: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: CITY OF CARLSBAD By: Glen Prufrn.E. City Engineer Deputy City Attorney H./DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 614Q State of California County of San Diego On before me (Date} , C^f) /to Z u/J Go O fTL df(Name, Title df Officer) personally appeared \J / /#? OC '/ s~C XL T~ (Name[s] of Signerfs]) personally known to_me_- OR- (or proved to me on the basis of satisfactory evidence) to be the person^) whose name(s^f is/aj^" subscribed to the within instrument and acknowledged to me that he/sbeVth^r executed the same in his/h^r/th^fr authorized capacity(ie^), and that by his/rji^r/tiyir signature^) on the instrument the person(#), or entity upon behalf of which the person(^ acted, executed the instrument. WITNESS my hand and official seal CAROLYN GODFREY COMM.* 1388410 NOTMVPMUC* CMJFOHMA SAN DIEGO COUNTY Coran.. DEC. 5,2008 Signature of (This area for official notary seal) Title or Type of Document. Date of Document No. of Pages Signer(s) other than named above H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 6l41 LEGAL DESCRIPTION The land referred to herein is situated in the State of California, County of San Diego, and is described as follows. PARCEL A: (PARCEL 5) THAT PORTION OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, NOVEMBER 16, 1896, DEFINED AS PARCEL 5 IN THE CERTIFICATE OF COMPLIANCE RECORDED OCTOBER 30, 2001 AS FILE NO. 2001-0789069 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEASTERLY CORNER OF RECORD OF SURVEY NO. 14621, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 14, 1994 AS FILE NO. 1994-500086, SAID CORNER BEING ON THE WESTERLY LINE OF THE RIGHT-OF-WAY OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; THENCE ALONG SAID WESTERLY LINE AND EASTERLY LINE OF SAID RECORD OF SURVEY 14621, SOUTH 28°40r19" EAST, 656.70 FEET TO THE MOST SOUTHERLY CORNER OF SAID RECORD OF SURVEY NO. 14621; THENCE CONTINUING SOUTH 28°40'19" EAST, 1110.14 FEET; THENCE SOUTH 22°30'13" EAST, 2664.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 22°30'13" EAST, 362.82 FEET TO THE SOUTHEAST CORNER OF PARCEL 1 DESCRIBED IN DOCUMENT NO. 78-430841, RECORDED OCTOBER 10, 1978, OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE OF RAILROAD AND ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH 67°33'08" WEST 941.91 FEET; THENCE LEAVING SAID SOUTHERLY LINE NORTH 22°30'45" WEST, 324.69 FEET; THENCE SOUTH 67°27'18" WEST, 343.53 FEET TO THE WESTERLY LINE OF THE 100 FOOT WIDE CARLSBAD BOULEVARD; THENCE ALONG SAID WESTERLY LINE OF CARLSBAD BOULEVARD NORTH 30°02'15" WEST, 280.66 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 5316.55 FEET; THENCE NORTHERLY 88.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 00°57'17"; THENCE LEAVING SAID WESTERLY LINE NORTH 60°43'42" EAST, 203.71 FEET; THENCE NORTH 71°53'50" EAST, 49.05 FEET; THENCE NORTH 88°29'46" EAST, 149.63 FEET; THENCE NORTH 80.00 FEET; THENCE NORTH 68°28'15" EAST, 63°21'24" EAST, 220.51 FEET; THENCE NORTH 76°27'03" 77°06'32" EAST FEET; THENCE NORTH 67°56'35" EAST, 167.57 FEET FEET; THENCE 60°55'41" EAST THENCE SOUTH 77°37 66.30 FEET; 06" EAST, 172.85 FEET; THENCE SOUTH 45°30'57" 121.97 THENCE NORTH EAST, 60.33 THENCE SOUTH EAST 47.42 FEET; 44°29 SOUTH 82° 40 '44" EAST 84.31 FEET; THENCE SOUTH 52n EAST, 52.55 FEET TO THE TRUE POINT OF BEGINNING. -oio-