The URL can be used to link to this page

Home My WebLink AboutPR 03-81; North County Transit District; 2004-0434780; Encroachment AgreementDOC ## 2004-0434780 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 RIGHT-OF-WAY PERMIT NO.: RW040135 MRY 13s 2004 8~32 C15M OFFIrJIllL REm SAN DIE60 MJUNTY RECORDER'S OFFICE GREGOF3 J. SHITHI COUHTY RECORDER FEES: 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: NA PROJECT NO. 81 NAME: PRO30081 NCTD Bus Shelter Replacement ENCROACHMENTAGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and North County Transit District ("Applicant"), in accordance with Chapter 11.1 6 of the Carlsbad Municipal Code. 1. The Easement. City currently owns an existing easement over, under, and across El Camino Real and Carlsbad Blvd. for public road and utility purposes as depicted in Exhibit "C. 2. The Encroachment. City hereby covenants and agrees and grants its permission to Applicant to allow bus shelters to remain in a portion of El Camino Real and Carlsbad Blvd. A plat showing the location of the encroachments 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 Applicant and its successors in interest. (B) The Applicant 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. (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. 1 MASTERSIFORMSJENCROACHMENT AGREEMENT REV. 12/24/97 (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 Aqreement. 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 Applicant: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 North County Transit District 81 0 Mission Avenue Oceanside CA 92054 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 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. 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. MASTERS/FORMS/ENCROAHMENT AGREEMENT 2 REV. 12/24/97 8. 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, this parties hereto have executed this Agreement on this dayof fldr ,20pr/. APPLICANT CITY OF CARLSBAD .c By: . By: Wd /c& LLOYD B.qlJBBS, RE. City Engineer APPROVED AS TO FORM: RONALD R. BALL City Attorney (Proper notarial acknowledgement of execution by PERMITTEE must be attached) I (President or vice-president and secretary or assistant secretary must sign for corporation. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer to bind the corporation.) 3 I MASTERSIFORMSENCROACHMENT AGREEMENT REV. 12/24/97 State of California ) County of San Diego ) On f3pRrLA<&@Y before me, (a KYL D< PLdm74x.fluTURv /q?m;rc (Date) (Name, Title of Officer) -- - -. personally appeared Kflx UU tf. KI~G * 1 (Name[s] of Signer[sJ) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the personw whose namewis/bqsubscribed to the within instrument and acknowledged to me that Rslshe/hq executed the same in PRs(her/thy authorized capacityM, and that by ‘hs!Qer/hq signatureen the instrument the person&or entity upon behalf of which the personwcted, executed the instrument. WITNESS my hand and official seal t (This area for official notary seal) WTERS/FORMSENCROACHMENT AGREEMENT 4 REV. 12/24/97 LOCATION MAP PROJECT NAME PROJECT NORTH COUNTY TRANS/T DISTRICT NUMBER BUS SHE1 TER REPLACEMENT PRO3008 I SHEET 7 OF8 EXHIBIT C LOCATION MAP PROJECT NAME PROJECT NORTH COUNTY TRANS/T D/STR/CT NUMBER BUS SHELTER REPLACEMENT PRO3008 I NOT TO SCALE EXHIBIT C LOCATION MAP PROJECT NUMBER NOR TH COUNTY TRANSIT DIS TRIC T PROJECT NAME BUS SHELTER REPLACEMENT PRO3008 I I I I I I i I I I I I I I I I 1 EXHIBIT C I I I '\ I AREA OF ENCROACHMEN 1 Nor ro SCALE SHEET 3 OFR El Camino Real & Chestnut Ave. Bus Stop Location: farside estops ID: 2 1549 Thomas Bros. Grid: 1106 H5 Breeze Bus Route # 309 NB FY ‘03 kdings: 7 FY ‘03 Alightings: 22 Desired Improvement: 0 AJDABoardingPad 0 Bus shelter & bench Jurisdiction: City of Carlsbad Permittiag Agency: City of Carlsbad Issues: 0 Remove existing wood shelter 0 Enlarge conmte boarding pad behind sidewalk to make this location ADA compliant (total pad size, including sidewalk, 8’ deep by 24’ long) Install new 13’ long shelter 0 Desired Construction Phase: 0 As soon as possible El Camino Real & Chestnut Ave. Bus Stop Location: farside estops ID: 2 1072 Thomas Bros. Grid: 1106 H5 BreezeBnsRonte# 309 SB FY ‘03 Boardings: 15 FY ‘03 Alighting: 9 Desired Improvement: ADABoardingPad 0 Bus shelter & bench JUriSdictiOn: City of Carlsbad Permittjng Agency: City of Carlsbad Issues: 0 Remove existing wood shelter 0 Enlarge concfete boarding pad behind curb to make this location ADA compliant (total pad size would be 8’ deep by 24’ long) Instan new 13’ long shelter Desired Construction Wase: 0 As soon as possible Carlsbad Blvd. & Tamarack Ave. Bnsstaphcatim: farsicte estops ID: 21032 ThomBros. Grid: 1106 E7 Breeze Bus Route # 359 M3 FY '03 Boardings: 7 N '03 AligWngs 12 Desired improvement: BusBench * ADAl3GdingPad Jorisdiction: C*UFCi&&?d Permitting Agency: City of Carlsbad Issues: 0 Remove existing wood shelter 0 Install new 8' long bench Desired consbruction Phase: Assoonaspossible El Camino Real & Costa Del Mar Bus Stop Location: fmide 21628 estops ID: 1147 El Thomas Bros. Grid: Breeze Bus Route # 309 NB FY '03 Boardings: 8 FY '03 Alightings: 8 Desired Improvement: 0 ADABoardingPad Busbench Jurisdiction: City of Carlsbad Permitting Agency: City of Carlsbad Issues: 0 Remove existing wood shelter Enlarge concrete boarding pad behind sidewallr to make this location ADA compliant (total pad size, including sidewalk, 8' deep by 18' long) Install new 8' long bench 0 Desired Construction Phase: 0 Assoonaspossiile .! El Camino Real & Costa Del Mar Bus Stop Location: farside estops ID: 2 1948 Thomas Bros. Grid: 1147 El Breeze Bus Route # 309 SB FY ‘03 Boardings: 3 FY ‘03 Alightings: 5 Desired Improvement: ADABoardingPad 0 Busbench Jurisdiction: City of Carlsbad Permitting Agency: City of Carlsbad ISSUeS: Remove existing wood shelter Enlarge concrete boarding pad behind curb to make this location ADA compliant (total pad size would be 8’ deep by 18’ long) Install new 8’ long bench Desired Construction Phase: 0 As soonas possible