HomeMy WebLinkAboutSDP 06-03; H G Fenton Property Company; 2007-0556026; Encroachment AgreementRECORDING REQUEST BY
CITY OF CARLSBAD
AND WHEN RECORDED,
PLEASE MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, California 92008
MAIL TAX STATEMENT TO:
EXEMPT
DGC# 2007-0556026
AUG21.2007 12:02 PM
OFFICIAL RE CORDS
SAN DIEGO COUNTY RECORDER'S OFFIfE
GREG 0RYJ. 5 MIT H.CO UNTY R E CO R D E R
FEES: 34.00
PAGES: 10
6215
2007-0556026
Space above this line for Recorder's use.
ENCROACHMENT AGREEMENT
FOR USE WITH STRUCTURES
BUILT OVER PUBLIC RIGHT OF WAY
Assessor's Parcel No. 212-021-01
Project No. & Name SDP 06-03
Fenton Carlsbad Research
PR 07-75
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL
WATER DISTRICT ("District"), and H. G. Fenton Property Company, a California Corporation, ("Owner").
1. The Property. Owner is the owner of that certain real property located at along the west side of Salk
Avenue just southof Palomar Airport Road, within the City of Carlsbad, San Diego County, California, Assessor's
Parcel Number 212-021-01, and more particularly described in Exhibit "A", attached hereto and incorporated herein
by reference.
2. The Easement. District currently owns an existing easement over, under, and across Owner's
property for public potable waterline purposes which easement is described in Exhibit "B" attached hereto and
incorporated by reference.
3. The Encroachment. District hereby covenants and agrees and grants its permission to Owner
regarding private storm drains to cross the existing public waterline 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,
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risk, and responsibility of the Owner and its successors in interest.
(B) The Owner shall agree at all times to indemnify and hold the District 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 of 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 ten (10) days or such other
time as specified in the notice after receipt of it from the District Engineer or the District Engineer may
cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property;
and Owner shall provide a security bond in a mutually agreed upon amount equal to the estimated
cost of the work of removing the encroachment for the term of the encroachment.
(E) The Owner shall maintain a policy of liability insurance in an amount of at least one million dollars
($1,000,000) naming the District as an additional insured in order to protect the District from any
potential claims which may arise from the encroachment.
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 District: Mark Stone, Deputy Public Works Director
Carlsbad Municipal Water District
5950 El Camino Real
Carlsbad, California 92008
If to the Owner:
H.G Fenton Property Company
7577 Mission Valley Rd, Ste 200
San Diego, CA 92108
which addresses may be changed from time to time by providing notice to the party in the manner described above.
6. Waiver. District's consent to or approval of any act or omission by the Owner shall not constitute a
waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary District's consent for
approval to any subsequent act of Owner. Any waiver by District of any default concerning the same or any other
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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 deed to the property, but any failure to do so does not invalidate this
provision.
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, the parties hereto have executed this Agreement on this I 8> day of
2001 .
DISTRICT:OWNER:
H. G. Fenton Property Company,
a California Corporation
by: H. G. Fenton Company,
its Authorized Agent
CARLSBAD MUNICIPAL WATER DISTRICT
(name of owner
By:
B'
RAY R. PATCHETT, Executive Manager
' /(sign here) '
Michael P. Neal President and CEO
(title of signatory)
By:
(sign here)
Robert Gottlieb Chief Financial Officer
(title of signatory)
APPROVED AS TO FORM:',•, ,,1
RONALD R. BAbtr Gerfefll Counsel
(Notarial acknowledgement of execution of Owner must be attached.)
(Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant secretary must sign for
corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer(s) signing to bind the corporation.)
(If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to
execute the instrument.)
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
) ss
On July 18. 2007 before me,Clare Chavez, Notary Public
personally appeared Michael P. Neal and Robert Gottlieb personally known to me (or proved,
to mo on the basis of oatiofaotory ovidonoo} to be the person(s) whose name(s) 4s/are subscribed to the
within instrument and acknowledged to me that he/st»/they executed the same in •his/her/their
authorized capacity(ies), and that by Nis/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
CLARE CHAVEZ
Commission ff 1466399
Notary Public - CdiforrtO ,
San Diego County |
My Comm:ExptesJdn29.2006f
(SEAL)
Signature of Notary Public
OPTIONAL
Though the data 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:
Date of Document:
Number of Pages:
Signer(s) Other than Named Above:
CAPACITY(IES) CLAIMED BY SIGNER:
Signer's Name:
O Individual
D Corporate Officer:
Title(s):
D Partner: - D Limited D Individual
D Attorney-in-Fact
D Trustee
O Guardian or Conservator
D Other:
Signer is Representing:
Signer's Name:
Individual
Corporate Officer:
Title(s):
D
Partner: - D Limited
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Individual
Signer is Representing:
6219
Exhibit "A"
Legal Description of Property
PR 07-75
Lot 1 of Carlsbad Tract No 00-20 FOX - Miller Property, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 15253, filed in the Office of the County
Recorder of San Diego County, January 30, 2006, 2005
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Exhibit "B"
Page 1 of 2 6220
Legal Description of Easement
PR 07-75
A PORTION OF LOT 1, MAP 15253, CARLSBAD TRACT NO. 00-02, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY JANUARY 30,
2006, AS FILE NO. 2006-0067903, DESCRIBED AS FOLLOWS:
PARCEL A:
BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF
AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 OF MAP NO. 15253 OF
CARLSBAD TRACT NO. 00-02, SAID POINT ALSO BEING A POINT ON THE "WEST
SIDELINE OF SALK AVENUE; THENCE ALONG SAID SIDELINE NORTH 00°17'39"
EAST, 44.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID
SIDELINE, NORTH 89°42'21" WEST, 30.00 FEET TO A POINT HEREINAFTER
REFERRED TO AS POINT 'A'; THENCE CONTINUING NORTH 89°42'21" WEST, 43.38
FEET TO THE BEGINNING OF A TANGENT 210.00 FOOT RADIUS CURVE CONCAVE
NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 65°57'54" A DISTANCE OF 241.75 FEET TO A
POINT HEREINAFTER REFERRED TO AS POINT 'B'; THENCE CONTINUING ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18°56'14" A DISTANCE
OF 69.41 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT <C'; THENCE
NORTH 04°48'33" WEST, 190.58 FEET; THENCE NORTH 49°48'33" WEST, 43.96 FEET;
THENCE SOUTH 73°41'27" WEST, 33.22 FEET TO THE BEGINNING OF A TANGENT
276.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL
ANGLE OF 68°25'41" A DISTANCE OF 329.63 FEET; THENCE SOUTH 05°15'46" WEST,
9.05 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT <D»; THENCE SOUTH
34044.14» EAS^ 72.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT «E';
THENCE CONTINUING SOUTH 84°44'14" EAST, 225.54 FEET TO THE ABOVE
REFERENCED POINT 'B', SAID POINT ALSO BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 20.00 FOOT WIDE STRIP OF LAND SHALL BE
LENGTHENED AND/OR SHORTENED SO THAT SAID SIDELINES SHALT, BE
CONTINUOUS AND SHALL BEGIN AT SAID SIDELINE OF SALK AVENUE AND
SHALL END ON THE WESTERLY SIDELINE OF THE HEREIN DESCRIBED
EASEMENT, BEING 10.00 FEET WESTERLY FROM AND CONCENTRIC WITH THE
ABOVE DESCRIBED CENTERLINE.
TOGETHER WITH STRIPS OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON
EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINES:
Page 1 of2
Exhibit "B"
Page 2 of 2
Legal Description of Easement
PR 07-75
6221
BEGINNING AT THE ABOVE REFERENCED POINT 'A'; THENCE NORTH 00°17'39"
EAST, 17.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT 'C'; THENCE NORTH 85°11'27"
EAST, 20.00 FEET TO THE POINT OF TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT 'D'; THENCE NORTH 84°44'14"
WEST, 5.97 FEET; THENCE SOUTH 05°15'46" WEST, 20.00 FEET TO THE POINT OF
TERMINUS.
BEGINNING AT THE ABOVE REFERENCED POINT 'E'; THENCE NORTH 05°15'46"
EAST, 16.00 FEET TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID STRIPS OF LAND SHALL BE LENGTHENED AND/OR
SHORTENED SO THAT SAID SIDELINES SHALL BE CONTINUOUS AND SHALL
TERMINATE AT A LINE PERPENDICULAR TO SAID CENTERLINES AT SAID POINTS
OF TERMINUS.
CONTAINING AN AREA OF 0.604 ACRES MORE OR LESS.
DALE KEITH BREWER
EXPIRATION DATE: 09-30-07
' 'LS5653