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Home My WebLink AboutPR 05-38; San Elijo Lagoon Conservancy; 2005-0335525; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 RIGHT-OF-WAY PERMIT NO.: RW050064 DOC # 2 005-0 3 355 2 5 I illlllll Ill lllll lllll Illli lllli Ill11 11111 11111 Ill11 111ll11111llll Ill1 APR 21,2005 455 PM I lsllll lllll1111111111111111111111111 Ill11 Ill11 11111 Ill11 lllll11111 Ill11 Ill1 1111 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARCEL NO.: NA PROJECT NO. & NAME: PRO50038 Buena Vista Creek Stream Gauge 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 title of all that portion of Buena Vista Creek Channel, designated as Segment 1 on those certain relinquishment maps, by the State of California, filed for record as State Highway Map No. 211, sheets 1 through 4, inclusive, on November 3, 1980, File No. 367998, in the office of the Recorder of San Diego County 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 Buena Vista Creek Channel. 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 MASTERS/FORMS/ENCROACHMENT 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 Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto .and their respective legal representatives, successors, and assigns. MASTERS/FORMS/ENCROACHMENT AGREEMENT 2 REV. 12/24/97 8. Capacitv. 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 ac( dayof Wr=\ rcL ,20u< APPLICANT CITY OF CARLSBAD 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.) 3 I MASTERSIFORMSIENCROACHMENTAGREEMENT REV. 12/24/97 State of California 1 ) County of San Diego 1 Ona flw- &UT before me, ‘bot& ?\ personally appeared ‘3Ouq G&Oq fr7 $, A/ dw9 p /.... &/I r 1 (Date) (Name, Title of Officer) (Name[s] ovSigner[s]) I personally known to me -3 to be the personw whose name@ isllstre subscribed to the within instrument and acknowledged to me that helebefhy executed the same in his/k&4eir authorized capacityw and that by his/k&hir signaturefs) on the instrument the person(eI or entity upon behalf of which the personwcted, executed the instrument. WITNESS my hand and official seal (This area for official notary seal) ZXLe Signature of Notary Title or Type of Document Date of Document Signer(s) other than named above No. of Pages MASTERSIFORMSIENCROACHMENT AGREEMENT 4 REV. 12/24/97 t- 73 3 t w 4 u Q 1 $ s S X 5 M P w tip .I c u