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HomeMy WebLinkAboutPR 10-11; CONOCO PHILLIPS; 2010-0596855; Encroachment AgreementDOC it 2010-0596855 NOV03,2010 323PM RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 36.00 PAGES:8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 206-040-01 76 STATION PR 10-11 RW 10-69 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and CONOCO PHILLIPS ("Permittee"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Permittee shall acquire necessary rights from the owner of that certain real property located at 3904 Jefferson St., within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 206-040-01, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement for public street and public utility purposes 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 Permittee to install and maintain a groundwater monitoring well in a portion of the public street and public utility 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 Permittee and its successors in interest. (B) The Permittee 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 C:\DOCUME-1\SAM_HA-1\LOCALS-1\Temp\nolesE1EF34\76SlationEnchmtAgmtRevised1-10-08.doc (C) The Permittee 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 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 Permittee: City Engineer Karl Bewiey City of Carlsbad 3900 Kilroy Airport Wy, Ste. 210 1635 Faraday Avenue Long Beach CA 90806 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 Permittee shall not constitute a waiver of any other default by Permittee and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Permittee. 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. 2 C:\DOCUME-1 \SAMJHA-1\LOCALS-1 \Temp\notesE1 EF34\76SlationEnchmtAgmtRevisad 1 -10-08.doc 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 iffii* day of Oo^>\)e^ 20 \O . PERMITTEE CONOCO PHILLIPS CITY OF CARLSBAD ROBERT T. JOI INOOH, JR., P.E. City Engineer By: (foU<tA> J./AM aigaHere) /i<e>*C nnvi TY. ".italdanaaer Name/Title B.: David A. llauoor, Deputy City Engineer ROE 33081 EAp. 00/30/2010 APPROVED AS TO FORM: RONALD R. BALL City Attorney BV:.Deputy City AttorneVj C:\DOCUME-1\SAM_HA-1\LOCALS-1\Temp\notesE1EF34\76StationEnchmtAgnntRevised1-10-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date \/ before me, personally appeared LfflU 5 s(sTofSlgner(s) LINH CHAU Commission # 1849438 Notary Public • California | Orange County g MvComm Expires May 16, 201H who proved to me on the basis of satisfactory evidence to be the person^ whose namej$((s/^re subscribed to the within instrument and acknowledged to me that /he/she/they executed the same in/lister/their authorized rapacity(i;^), and that by/Bi^jher/their signature^ on the instrument the person(d8ror the entity upon behalf of which the person^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official s Place Notary Seal Above Signature OPTIONAL - Signature of NotaryWblic Though the information below Is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: &\/\jUf Dfa C\/\ Document Date:. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer—Trtle(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer—Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. Top of thumb here O2W7totkxial NotaryAsso<^tlOT-9350DeSrtoAv«.,P.O^ ttem«S907 ReorrierCallTon-Fne6l-800-876-6827 F:\KATHYM<ATHY«NCROACHMENTS\76StatJonEnchmtAgmlRevised 1-10-08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Scxyv /)*«-<-- On Od^^Q-/ JL^\s\ i ^ Date personally appeared before me, Here Insert Name and Title of the Officer Name(s) of Signer(s) TERIE L. ROWLEY Commission * 1773534 Notary Public - California San Diego County MyComm.Bqp>8sOct15.2011 who proved to me on the basis of satisfactory evidence to be the person(s^whose namej$ is/aj^ subscribed to the within instrument and acknowledged to me that he/sj^/theyexecuted the same in his/hXr/the/f authorized capacity(ies), and that by his/tW/theif signature(9ff on the instrument the person^}, or the entity upon behalf of which the personm acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL 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 reattachment of this form to another document. Description of Attached Document Title or Type of Document:. Document Date: UC*~ [ i Q Number of Pages:. 3 Signer(s) Other Than Named Above:5 Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual LJ Corporate Officer —Title(s): [J Partner — D Limited D General ;. J Attorney in Fact n Trustee Lj Guardian or Conservator n Other: RIGHTTHUMBPRINT | OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: H Individual u Corporate Officer — Title(s): [I Partner — n Limited n General C Attorney in Fact C Trustee C Guardian or Conservator LJ Other: Signer Is Representing: RIGHT THUMBPRINT i OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth. CA 91313-2402 • www.NationaiNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 EXHIBIT "A" LEGAL DESCRIPTION LOT 2 OF HARBOR PARK, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 3310, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCTOBER 7,1955, AS FILE NO. 132398 OF OFFICIAL RECORDS. EXHIBIT "B" EASEMENT A GENERAL UTILITY AND ACCESS EASEMENT, KNOWN AS JEFFERSON STREET, GRANTED TO THE CITY OF CARLSBAD, AS SHOWN ON MAP NUMBER 3310, 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 OCTOBER 7, 1955. PLAT MAP LEGEND: ® PROPOSED MONITORING WELL NOT TO SCALE PROJECT NAME GROUNDWATER MONITORING WELLS FOR 3904 JEFFERSON STREET APN206-04M1 PROJECT NUMBER PR10-11 EXHIBIT OMIMBR SCOn EVANS, CARLSBAD UnUnES Bfff. 4/15/10 d \OEVCUnCNr PRaECI5VK\nn0-)0JWO-II.OM> Land Development Engineering DMS Data Entry Form - Recorded Agreements To:Records Management Date: 10/14/10 From: Kathleen M. Lawrence _, Project Engineer ext. 2741 INSTRUCTIONS: Project Engineer - Complete document property table below using guidelines given below table. Records Management - Please scan documents into DMS using information in Document Property Table below and using county's recordation date and number found on documents. SPECIAL INSTRUCTIONS: DOCUMENT PROPERTY TABLE Document Class: Recorded Agreement *APN(s): 206-040-01 •Project ID: PR 10-11 *Related Project ID(s): RW 10-69 •Project Name: 76 STATION *Property Owner: CONOCO •Recorded Agreement Type: *FileNo.: 0770-50 PHILLIPS Encroachment Agreement Ki Hard Copy Location: Clerk's Vault jep Until Date: 01/01/9999 Permanent?: YES * To be completed by project engineer GUIDELINES FOR COMPLETION Document Deed Restriction Drainage Fee Payment Agreement Encroachment Agreement Hold Harmless Agreement - Drainage Hold Harmless Agreement - Driveways Hold Harmless Agreement - Geological Hold Harmless Agreement - Panhandle Neighborhood Improvement Agreement Notice of Violation Petition for Assessment District Formation Permanent Stormwater Quality BMP Maintenance Agreement Reimbursement Agreement/Release Release a Lien SDG&E Joint Use Agreement Subordination Agreement Recorded Agreement Type Deed Restriction Drainage Fee Agreement/Release Encroachment Agreement Hold Harmless Agreement/Release Hold Harmless Agreement/Release Hold Harmless Agreement/Release Hold Harmless Agreement/Release Future Improvement Agreement/Release Notice of Violation/Release Petition and Waiver Storm Water BMP Maintenance Agreement Reimbursement Agreement/Release Liens/Releases (Misc.) Joint Use Agreement Subordination Agreement File Number 0775-50 0700-65 0770-50 0700-55 0700-55 0700-55 0700-55 0700-50 0500-1 5 1065-30 0775-50 0700-85 0770-60 0775-50 0775-50 Doc ER-99-40 10/12/2010