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HomeMy WebLinkAboutPR 10-31; FERMI COURT, LP; 2011-0146538; Encroachment AgreementRECORDING 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 10128 Ill III IIMII ••!•! !!••! la_i. __ ^"^ ^"^ ^^ ^™ T"» MAR 18, 2011 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES:8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: 212-130-50-00 PR 10-31 CRC MONUMENT SIGN 1 RW 10-224 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and FERMI COURT, LP, a California limited partnership ("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 5541 Fermi Court within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 212-130-50-00 and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for a Drainage Easement 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 Owner to allow a section of a monument sign to remain in a portion of the 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 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. F:\KATHY\ENCROACHMENTS\EncroachmentECRCollege.doc (C) The Owner 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 1 fJi cause such work to be done and the reasonable cost thereof shall ™J[ ^Q 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 FERMI COURT LP City of Carlsbad 1800 Thibodo Rd 1635 Faraday Avenue Vista CA 92081 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. 2 F:\KATHY\ENCROACHMENTS\EncroachmentECRCollege.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 J?ytr/^ day of ^fa^-Jt 0^*, . 2Q/f . CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer OWNER FERMI COURT LP, a California limited partnership •#< 10 *S .(Sign Here) (Print Name Here)PLS8801 Exp. 12/31/2012 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney F:\KATHY\ENCROACHMENTS\EncroachmentECRCollege.doc EXHIBIT "A" Parcel 2 of Minor Subdivision No. 96-09, in the City of Carlsbad, County of San Diego, State of California, according to Map No. 17830 filed with the County Recorder of San Diego County on March 12,1997, file no. 97-129122. EXHIBIT "B" A 20' wide drainage easement per deed recorded July 15, 1985, in the Office of the County Recorder of San Diego County, as document no. 85-251149, O.R. LOCATION MAP i i AREA OF -ENCROACHMENT MONUMENT SIGN 20' DRAINAGE EASEMENT PROJECT NAME ENCROACHMENT FOR CRC MONUMENT SIGN -130-50 PROJECT NUMBER PR10-31 EXHIBIT DRAWN BYi SCOTT EVANS, CARLSBAD UTIUTCS DEFT. 11/10/10 C:\DEVEU3PU£NT PROJECTS\f>R\PR10-31.DWG CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Calj Coaty of personally appeared l°*34, N^o^/iMfC, Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person^, whose name(^is/^6-subscribed to the within instrument and acknowledged to me that executed the same inHWher/thfertTauthorized ), and that byt(j§/her/th£jr signature^ on the instrument the personrj^, or 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. Place Notary Seal Above WITNES Signature OPTIONAL hand and official seal. 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 mis form to another document. Description of Attached Document Title or Type of Document: 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 —Title(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2CW7 National Notary Association-9350 DeSotoAve., P.O. Box 2402-Chatswortti.CA 91313-2402 •www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 F:\KATHY\ENCROACHMENTS\EncroachmentECRCollege.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On VV\A£CW- 1^,0)011 before me. Date personally appeared ^=i ^-^^ ^~ • r~_r, \ Q N v-cv l-WAA-j/u^u Here Insert Name and Title of the Officer Name(s) of Signers) ITERIE L. ROWLEY Commission # 1773894 Notary Public • California | San D»«go County Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(sf whose name(sj is/a/6 subscribed to the within instrument and acknowledged to me that he/sjae/they' executed the same in his/h/ef/theif authorized capacity(ie^, and that by his/her/thett signature^ on the instrument the person(sf, or 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_myj3and and official seal SignatureJi^- ^-^ OPTIONAL Signature of Notary Public 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: ^g&. <J <^Q 11 . Number of Pages: 3"T'5'<LvU, Signer(s) Other Than Named Above:ME: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual n Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _^ Signer Is Repres Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D LimitecUH-GSneral tttorrje) rustee D Guardian or Conservator D Other: Signer Is Representing: O2l»7Natk>naN«aryAssocia!ion'9350DeSotoAve..P.O.Box2402-Chatsw^ ltem»5907 Reorder Call Tod-Ft8e1-600-876-68Z7 F:\KATHY\ENCROACHMENTS\EncroachmentECRColl8ge.doc