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HomeMy WebLinkAboutPR 08-14; TMG Property LP; 2008-0408220; 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 DOC# 2008-0408220 JUL30, 2008 4:13 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 33.00 PAGES: 8559 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-130-37 ; 212-130-51 PROJECT ID: PROJECT NAME: TAYLOR MADE RELATED PROJECT ID: PR 08-14 RELATED PROJECT ID: RW 08-76 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and TMG Property 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 5545 Fermi Court and 5540 Fermi Court within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 212-130-37 and 212-130-51 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 public right of way as 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 the installation of two 4" and two 2" conduit ducts to remain in a portion of the public right of way between the properties located at 5545 and 5540 Fermi Court. 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 'Cev.::Cp^ert 3er-,i.:cs\PROjECTS'.PR FILES'PR C3',PR 08-14 Tayicr M.a.Je - Cntivero^ENCROACHMENT AGMT, Revved *-1C- C3 dec 8560 (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 Owner: City Engineer TMG Property LP City of Carlsbad 1 000 Pioneer Way 1635 Faraday Avenue El Cajon CA 92020 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"De;e!;prrer.t Seivc^'PRCJECTS'.FR FILES'PR CS'PR 05-14 Ta'/icr Mace - Onivercs'ENCRCACHMENT AGMT. Revised 1-1 03. do: 8561 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 On7* day of ift^wuj^ 20o£>. OWNER TMG Property LP, a California limited partnership By: By: (Print Name Here) (Sign Here) (Print Name Here) APPROVED AS TO FORM: CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 RONALD R. BALL City Attorney By: Deputy City Hi'D-r/eicprijr.tSer.ices'PROJECTS'PR FILtS'PR 03 PR 03-14 Tay.cr Made - Onb'.eros'ENCROACHMENT AGMT. Rev sed 1-10- 03 Joe 8562 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On personally appeared A Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personjXf whose namejsTfeMre subscribed to the within instrument and acknowledged to me that (^he7she/they executed the same in his/her/their authorized capacitypes"), and that by^/her/their signature^) 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 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: Document Date:Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: TJ Individual G Corporate Officer — Title(s): LJ Partner — D Limited LI General D Attorney in Fact LJ Trustee [J Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): G Partner — D Limited D General D Attorney in Fact LJ Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here (02007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827 GOVERNMENT CODE 27361.7 8563 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Rebecca A. Simpson Commission Number: 1701085 Date Commission Expires: October 26. 2010 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature:City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: 5/16/08 Rec. Form #R10 (Rev.7/96) 8564 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT c&g&ge@6ee@&§eeQe&eje@e^^ State of California County of On ^ Date personally appeared before me, 0 nd Title ofHere Insert Narnq and Title of the Officer7 Name(s) of Signerjs) rami.towuv who proved to me on the basis of satisfactory evidence to be the person^s] whose name(s^is/aj»^ubscribed to the within instrument and acknowledged to me that he/shp/th§y6xecuted the same in his/befTthetf authorized capacity(ies"^ and that by his/her/fn'eir^ignature(sfon the instrument the person(£)r"or the entity upon behalf of which the person(s>a'cted, 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 my hand and official seal. \ Q- Place Notary Seal Above Signature OPTIONAL - Signature of Notary PubU« 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 C.KL-V-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: Individual '.". Corporate Officer — Title(s): Partner — Limited , General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RK3HTTHUMBPRINT OF SIGNER Top o! thurnb here Signer's Name: Individual . Corporate Officer — Title(s): Partner— .Limited ..General Attorney in Fact Trustee Guardian or Conservator I. Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: ©2007 National Notary Association• 9350 De Soto Ave.. PO Box 2402-Chatsworth. CA 91313-2402'wwwNationalNotary.org Item #5907 Ri 8565EXHIBIT "A" PROPERTY LEGAL DESCRIPTION For properties located at 5545 and 5540 Fermi Court, Carlsbad, California which are more particularly described as follows: 5545 Fermi Court Parcel 1 of Parcel Map No. 17830, in the City of Carlsbad, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County on March 21, 1997 as file No. 1997-0129122 of official records. 5540 Fermi Court Parcel B of Adjustment Plat No. 544, per Certificate of Compliance No. 99-09, filed in the Office of the County Recorder of San Diego County on May 11,1999 as recordation No. 1999-0321011 of official records. PR 08-14 Taylor Made EXHIBIT "B" EASEMENT 8566 A portion of Fermi Court dedicated for Public Street and Public Utility purposes per Map No. 17830 filed in the Office of the County Recorder of San Diego County on March 21, 1997. PR 08-14 Taylor Made LOCATION MAP 8567 AREA OF ENCROACHMENT CONDUIT DUCTS IN RIGHT-OF-WAY UNDER STREET SALKAVE. PROJECT NAME ENCROACHMENT FOR TAYLOR MADE PROJECT NUMBER PR08-14 EXHIBIT DRAW BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 3/26/08 C: DEVELOPMENT PROJECTS\PR\PROa-U.DHG