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Home My WebLink AboutPR 12-53; City of Carlsbad; 2013-0623949; Encroachment Agreementfl RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2013-0623949 IHIiillllllllliilllilllllll Iilll OCT 17, 2013 11:28 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 6 SPACE ABOVE THIS LINE FOR RECORDER'S USE PROJECTID: PR 12-53 PROJECT NAME: OMWD LEAK DETECTION EQUIP RELATED PROJECT ID: RW 12-316 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Olivenhain Municipal Water District ("Applicant"), in accordance with Chapter 11.16 of the Carisbad Municipal Code. 1. The Property. Applicant desires to install Zonescan Repeaters and Alpha wireless leak detection equipment, approximate size 8"x2"x2", on Carisbad light poles at various locations within the City of Carisbad, San Diego County, California. 2. The Encroachment. City hereby covenants and agrees and grants its permission to Applicant to allow the leak detection equipment on light poles. A plat showing the locafions of the encroachment is attached as Exhibit "A" attached hereto and incorporated by reference. This Agreement is subject to the following terms and condifions: (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 fimes 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\KATHY\ENCROACHMENTS\OMWDEncroachment.doc (C) The Applicant 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 obligafions were acquired by the City with respect to the easement shall remain and confinue 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. 3. 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. 4. 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 Olivenhain Municipal Water Dist City of Carisbad Tom Kennedy 1635 Faraday Avenue 1966 Olivenhain Rd Carisbad CA 92008 Encinitas CA 92024 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 5. 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. 6. 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. Applicant agrees to incorporate this agreement by reference to any successors in interest, but any failure to do so does not invalidate this provision. /// /// /// /// /// 2 F:\KATHY\KATHY\ENCROACHMENTS\OMWDEncroachment.doc 7. 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, these parties hereto have executed this Agreement on this XC day of ZTQ^^vA-a/^ 20/3 . OLIVENHAIN IVUiNlCIPAL WATER DIST. CITY OF CARLSBAD, a municipal corporation of the State of California ^^g^^^<_J3LEN K. VAN PESKI, City Engineer PE 41204 Exp. 3/31/13 APPROVED AS TO FORM: City Attorney By: Deputy City Attorney F:\KATHY\KATHY\ENCROACHMENTS\OMWDEncroachment.doc CALIFORNIA ALL-PURPOSi^ACKNOWLEDGMENT ma State of California } County of OnShMSh^^^m- before me, T/^KA ^'^^^^^j^lgD personally appeared /yJWi' 1^ ZL^^^^^ rsignerts) TBtCSAL CHASE | Cofnfflitsion# 1846266 | Notary PubHc • Caltfomia | Oltgo County | »Comm. Expifis May 5.2(»lt who proved to me on the basis of satisfactory evidence to be the person^whose nan>e((s) Is/^ subscribed to the within instrument and acknowledged to me that h^she/tpey executed the same In^s/her^lr authorized tepacityne^, and that by ljl«^er/jkeir signaturej^s) on the Instrumdnt the personj^, or the entity upon behalf of which the person(«^ acted, executed the instmment. 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 infomiation 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: l/^i^//3> Number of Pages: 3> Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) P'^V^ *^ ^ ^^^^ Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: . Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: _____ RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007Nattor»irtotafyA8aoctetion»9350DeSotoAvB..P.O.BDx2402»ChatsiAiorth.^ 91313-2402•www.NationalNotary.org ltein#5907 Reorder.CaHTo«-f=r!Be 1-800-876-6827 4 F:\KATHY\KATHY\ENCROACHMENTS\OMWDEncroachment.doc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of f^gu y\ J^\€^n On / ^01:3 before me, (^epcll^^ p-f^rt4dviAtO^ ^J/^•^7X^ry Polled;. , (Here insert name and tTtle 6f the officer) » personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. CECELIA FERNANDEZ Committion # 19963S5 Notary PuMic • Caiifoniia San OitQO Coumy Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ate) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com PR 12-53 ENCROACHMENT AGMT OLIVENHAIN MUNICIPAL WATER DISTRICT WATER LEAK DETECTION EQUIPMENT EXHIBIT C 10 LOCATIONS TOTAL: 1. 2414 TORREJON ST. 2. 2446 TORREJON ST. 3. 2432 TORREJON ST. 4. 2420 BADAJOZ PL. 5. 2426 BADAJOZ PL. 6. 2414 SACADA CR. 7. 3336 VENADO ST. 8. 3316 VENADO ST. 9. 3312 VENADO ST. 10. 3221 PIRAGUA ST.