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Home My WebLink AboutSDP 2022-0003; Fenton Ponto LLC; 2024-0298155; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2024-0298155 111111111111 lllll 111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Oct30, 2024 10:12AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-160-25-00; 214-160-28- 00; 214-171-11 -00 PERMIT NO. : EAGREE 2023-0040 PERMIT NO.: _________ _ PROJECT ID: SOP 2022-0003 PROJECT NAME: FPC Residential RELATED PROJECT ID: -----------RELATED PROJECT ID: __________ _ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 ("District") and Fenton Ponto LLC, a California Limited Liability Company ("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 7200, 7290, 7294 Ponto Drive, in the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 214-160-25-00, 214-160-28-00 and 214-171-11-00, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property for 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 to allow private water, backflow assemblies, storm drain, tree wells, and retaining wall to remain in a portion of the 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, risk, and responsibility of the owner and its successors in interest. 01/25/13 (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 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, or the District 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 District with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by District'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 District: Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 If to the Owner: Fenton Ponto LLC 7577 Mission Valley Road San Diego, CA 92108 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. District'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 District's consent for approval to any subsequent act by Owner. Any waiver by District 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. 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. Ill 2 01/25/13 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO on October 29, 2024 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared _P_a_z_B_. _G_o_m_e_z ____________________ _ 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 PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature cl¼..1J2tM1\~ ~-···········~ • > /\MIER DAIi : .. ,,ary ,,,11, . c,,;;.,,;, : i .. • ~n Die«o County ► ~ Commission # 2'4668j6 - •, • My Cemm. Expir'5 Oct 17, 2027 (Seal) PROPERTY LEGAL DESCRIPTION EXHIBIT "A" EAGREE NO. 2023-0040 SDP 2022-0003 PARCEL 1 OF PARCEL MAP NO. 22104 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 22, 2024. EXHIBIT "B" EAGREE NO. 2023-0040 SOP 2022-0003 CARLSBAD MUNICIPAL WATER DISTRICT RIGHT-OF-WAY LEGAL DESCRIPTION A PORTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT DEDICATED TO THE CITY OF CARLSBAD PER PARCEL MAP NO. 22104, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 22, 2024.