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HomeMy WebLinkAboutSDP 10-01; SHARP FAMILY LIMITED PARTNERSHIP; 2011-0075528; Encroachment AgreementIf 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 DOCtt 2011-0075528 FEB08, 2011 1:20 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnestJ. Dronenburg, Jr., COUNTY RECORDER FEES: 33.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-060-14 PROJECT ID: SDP 10-01 PROJECT NAME: Jaguar Land Rover Carlsbad RELATED PROJECT ID: PR 10-29 RELATED PROJECT ID:N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Sharp Family Limited Partnership dated March 22, 1994 ("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 a portion of Lot 8 of Carlsbad Tract No. 72-3 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 7492, filed in the Office of the County Recorder of San Diego County, November 30, 1972, Assessor's Parcel Number 211-060-14, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for utility, sidewalk and landscape 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 Owner to allow a vegetated storm water treatment swale to remain in a portion of the general utility, sidewalk and landscape 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 H:\Development Services\Projects\SDP FILES\SDP 10\SDP 10-01 Jaguar Land Rover Carlsbad - Rick\B & AUaguar ENCROACHMENT AGMT, Revised to reflect both owners.doc (1) loss 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 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 Owners: City Engineer Sharp Family Limited Partnership City of Carlsbad 1035 East Vista Way, Suite 113 1635 Faraday Avenue Vista, CA 92084 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 H:\Development Services\Projects\SDP FILES\SDP 10\SDP 10-01 Jaguar Land Rover Carlsbad - Rick\B & AUaguar ENCROACHMENT AGMT, Revised to reflect both owners.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 // __ day of ^Sn^^aur 20JJ _ . OWNER Sharp Family Limited Partnership dated March 22, 1994. CITY OF CARLSBAD, a municipal corporation of the State of California (Print Name Here) By: (Sign Here) (Print Name Here) APPROVED AS TO FORM: GLEN K. VAN PESKI, City Engineer Exp. 12/21/2010 RONALD R. BALL City Attorney A Deputy City Attorney H:\Development Services\Projects\SDP FILES\SDP 10\SDP 10-01 Jaguar Land Rover Carlsbad - Rick\B & AUaguar ENCROACHMENT AGMT, Revised to reflect both owners.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally appeared Name(s) of Slgner(s) GLORIA A. REOIKER Commltslon # 1879031 Notary Public - California San Diego County 5 My Comm. Exolres Feb 2. 20141 \ 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 California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS myrjand and offici 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: j^/)d Document Date: /?/- //-«=?£>// b men 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Ha Number of Pages: 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 ©2007 National Notary Association- 9350 De Soto Ave., PO.Box 2402 -Chatsworth, CA 81313-2402-www.NationalNotary.org Item #5907 Reorder:Call Toil-Free 1-800-876-6827 H:\Development Services\Projects\SDP FILES\SDP 10\SDP 10-01 Jaguar Land Rover Carlsbad - Rick\B & AUaguar ENCROACHMENT AGMT, Revised to reflect both owners.doc EXHIBIT "A" LOT 8 OF CAJRLSBAD TRACT NO. 72-3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7492. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 30,1972. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF'SAID LOT 8; THENCE,ALONG THE BOUNDARY OF SAID LOT 8 AS FOLLOWS: NORTH 67°30'38" EAST, 125.45 FEET TO THE BEGINNING OF A TANGENT 100.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; EASTERLY ALONG THE ARC OF SAID CURVE, THROUGH, A CENTRAL; OF 26°29'08", A DISTANCE OF 46.23 FEET; TANGENT TO SAID CURVE SOUTH 86°00'14" EAST 473.14 FEET TO AN ANGLE PQINT THEREIN AND SOUTH 22°29'22" EAST, 134.69 FEET; THENCE LEAVING .THE BOUNDARY LINE OF SAID LOT 8; SOUTH 67°30'38?' WEST, 467,13 FEET TO THE SOUTHWESTERLY. LINE OF SAID LOT 8; THENCE ALONG THE SOUTHWESTERLY LINE OF. SAID LOT:8 ASiFOLLOWS: NORTH 43°14'25" WEST, 254.43 FEET TO THE BEGINNING OF A TANGENT 957.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY ALONG THE ARC OF SATO CURVE THROUGH A .CENTRAL ANGLE OF 07°24'39" A DISTANCE OF 123.78 FEET TO THE POINT OF BEGINNING. EXHIBIT B PR 10-29 A 10 foot general utility, sidewalk and landscape easement as shown on Lot 8 of Carlsbad Tract No. 72-03 in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 7492, filed in the Office of the County Recorder of San Diego County, November 30, 1972. LOCATION MAP PR 10-29 PROPOSED \\\.. CONCRETE CURB OUTLET AREA OF ENCROACHMENT (VEGETATED BIOS WALE) TO SCALE 10 UTILITY, SIDEWA& LANDSCAPEEASEMENT PER'CARLSBAD TRACT NO:42-3 AS SHOWN ON MAP NO. 7492 PROPOSED CONCRETE OUTLET ENCROACHMENT (VEGETATED BIOSWALE) OMAR \AIRPORT VICINITY MAP SHEET 1 OFNOT TO SCALE PREPARED BY: JOSEPH C. TRUXAW AND ASSOCIATES, INC. CIVIL ENGINEERS AND LAND SURVEYORS 265 S. ANITA DR., SUITE / / 7 ORANGE, CA 92868 PHONE: (714) 935-0265 FAX: (714) 935-0106 ENCROACHMENT FOR JAGUAR LAND ROVER CARLSBAD 5550 PASEO DEL NORTE CARLSBAD, CA 92008 EXHIBIT