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HomeMy WebLinkAboutPD 2024-0015; DP CARLSBAD MAGNIFICA INVESTORS, LP; 2025-0022880; Encroachment Agreement1of RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WH EN RECORDED MAI L TO : City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2025-0022880 1111111111111111111111111111111111111 lllll lllll lllll 111111111111111111 Jan 29 , 2025 09:54 AM OFFICIAL RECORDS JORDAN Z. MARKS SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO(s).: _1_6_7_-2_5_0-_37_-_oo _____ _ PERMIT NO.: EAGREE2024-0018 PERMIT NO.: PC2023-0028 PROJECT PLAN ID: PD 2024-0015 -----------PROJECT NAME: VILLA HOMES ADU UTILITY ENCROACHMENT PROJECT ADDRESS: 2240 AVENIDA MAGNIFICA ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and DP CARLSBAD MAGNI FICA INVESTORS, LP, a Cal ifornia li mited partnership, as to an und ivided 35.5% interest, as a tenant-in-common, and DP AIRPO RT HOSP WAY INVESTORS, LP, a California limited partnership, as to an undivided 34 .5% interest as tenant-i n-common ("Owner"), in accordance with Chapter 11 .16 of the Carlsbad Municipal Code, in view of the following facts: RECITALS A. Owner is th e owner of that certain real property located at 2240 Avenida Magnifica within the City of Carlsbad, San Diego County, California, also known as Assessor's Parcel Number 167-250-37-00 , and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference ("Property"). B. City cu rrently owns an existing easement over, under, and across Owner's Property for pub lic street and utility purposes wh ich easement is described in Exhibit "B" attached hereto and incorporated by reference ("City's Easement"). C. Owner intends to or has constructed improvements, as described in Exhibit "C" attached hereto and incorporated by reference ("Improvements") in , on , over, across, and through the City's Easement, as depicted in Exhibit "C" attached hereto. D. City is willing to consent to the location, construction and maintenance of the Improvements based on the terms provided for in this Agreement. 1 Q:ICED\Admin\B&A\PROJECTSIPD 2024-0015; PC2023-0028; EAGREE2024-0018 -Villa Homes ADU Utility Encroachment\ENCROACHMENT AGMT City Easement.doc 11/5/2024 E. Owner agrees that this Agreement is only made to the extent of City's interest in the Easement. Owner may be required to obtain authority from other entities having other interests in the Property. Owner is responsible for investigating and acquiring appropriate authorizations from other entities having an interest in the Property. NOW, THEREF ORE , the parties mutually agree as follows: 1. Permission. City hereby consents to Improvements by Owner on the City's Easement. All rights and obligations acquired by the City with respect to the Easement will remain and continue in full force and effect and will in no way be affected by City's grant of permission to construct and maintain the Improvements. 2. Maintenance Obligation. The Improvements will be installed and maintained by the Owner in a safe and sanitary condition at the sole cost, risk, and responsibility of the Owner and any successors in interest. 3. Revocation or Removal. The Owner must remove or relocate any part of the Improvement within ten (10) calendar 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. 4. Cost to Remove or Relocate. Owner agrees that if, for any reason (including failure to remove or relocate said Improvements by Owner pursuant to paragraph 3, above), the Improvements must be removed , relocated or otherwise altered, including, but not limited to, maintenance, repair and replacement of facilities and appurtenances on the Property, Owner will reimburse the City for all costs incurred and any damages suffered by the City. In the event the Owner fails to pay such costs to the City upon demand, the costs shall constitute a lien upon the property. Alternatively, the City may bring an action in a court of competent jurisdiction to recover such cost together with reasonable administrative costs and attorneys' fees. 5. Damages. City will not be liable for any damages to the Improvements or to any other property or person that may result from the installation, maintenance or use of Owner's Improvements or the removal of those Improvements by the Owner or the City. All damages will remain the sole responsibility of the Owner. 6. Default by Owner. Default of Owner includes, but is not limited to, Owner's failure to timely co mply with the terms of th is Agreement, including Owner's failure to remove Improveme nts or reimburse the City for any cost incurred by the City. The City reserves to itself all remedies available to it at law or in equity for Owner's default. The Owner's failure to perform any obligation under this Agreement constitutes consent to the filing by the City of a notice of violation against the Property. ' 7. Public Nuisance. Any work performed in the City's Easement contrary to the Improvements provided for in this Agreement and Chapter 11 .16 of the Carlsbad Municipal Code , may be declared a public nuisance. 8. Indemnification . The Owner shall agree at all times to defend (with counsel approved by the City), indemnify and hold harmless the City and its officers, elected and appointed officials, and from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the 2 Q:ICED\LandDev\PROJECTSIPDIPD 2024\PD2024-0015 2262 Avenida Magnifica -Glass\EAGREE2024-00181ENCROACHMENT AGMT City Easement. doc 11 /5/2024 Improvements 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. 9. 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. Neither this Agreement nor any of its provisions may be amended, modified, or discharged except in a writing signed by both parties. 10. 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 add ressed as follows: If to the City: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: DP Carlsbad Magnifica Investors, LP DP Airport Hosp Way Investors, LP 6222 Wilshire Blvd, Unit 400 Los Angeles, CA 90048 which addresses may be changed from time to time by providing written notice to the other party in the manner described above. 11 . 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. 12. Successors and Assigns. This Agreement and all of the obligation contained herein constitute covenants running with the land and will be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assign s. 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 . This Agreement must be recorded against the property by the City Clerk at Owner's sole expense. 13. 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. [Signatures on following page] 3 Q:ICED\LandDev\PROJECTS\PDIPD 20241PD2024-0015 2262 Avenida Magnifica -Glass\EAGREE2024-00181ENCROACHMENT AGMT City Easement.doc 11/5/2024 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 21 day of N0\JEM13raL , 20~. OWNERS: DP CARLSBAD MAGNIFICA INVESTORS, LP, a California limited partnership, as to an undivided 35.5% interest, and DP AIRPORT HOSP WAY INVESTORS, LP, a California limited partnership, as to an undivided 64.5% interest as tenant-in-common (Print Name ere) By: -------------(Sign Here) (Print Name Here) APPROVED AS TO FORM : CINDIE MCMAHON 4 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineer." Manager Q:ICEDILandDev\PROJECTSIPDIPD 2024\PD2024-0015 2262 Avenida Magnifica -Glass\EAGREE2024-0018\ENCROACHMENT AGMT City Easement.doc 11/5/2024 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identtty of the individual who signed the document to which this certlficate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of 1.,,-0S @~ \ e,.,& On \..)IJ\JW,.,YvW 1,,\ ,ioi~ before me,~ W \W\~ ~ \J () !W, -:Ylt,b\~ v Date D . \ Here In sen Name and itle of the Offic r personally appeared (A Y\ C J · \-.) U. 8'C--\ Name(s/ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/sl1e/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Place Notary Seal and/ar Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and rre I. OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attached Docu.ownt I .Ll-;',,.,,," "A,.,,, I_ Title or Type of Document: __ t..\~V\~v\'U'-----'-_C..._u\,\.----'----'~~~~---'~----'-----'-'--'-----',;,...=v'-----'-Y-n~-'--------- DocumentDate: ____________________ Numberof Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capaclty(les) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Tltl e(s): ______ _ o Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General o Partner -D Limited D General o Individual o Attorney In Fact □ Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 5 Q:\CED\LandDev\PROJECTS\PDIPD 20241PD2024-0015 2262 Avenida Magnifica -Glass\EAGREE2024-0018\ENCROACHMENT AGMT City Easement.doc 111512024 EXHIBIT A PD 2024-0015 EAGREE2024-0018 LEGAL DESCRIPTION OF THE PROPERTY LOT 10 OF CARLS BAD TRACT 79-27, HOSP WAY, IN THE CITY OF CARLSBAD, COUNTY O F SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10161 , FILED IN THE OFFICE OF TH E COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 30, 1981 . APN : 167-250-37-00 EXHIBITB PD 2024-0016 EAGREE2024-0020 LEGAL DESCRIPTION OF THE EASEMENT AN EASEMENT FOR SEWER, WATERLINE, DRAINAGE, PUBLIC UTILITIES AND ACCESS DEDICATED TO TH E CITY OF CARLSBAD PER MAP NO. 10161, FILED IN THE OFFICE OF THE COUNTY RECORD ER OF SAN DIEGO COUNTY, JULY 30, 1981 . MARRON ROAD P.ARCEL B PER TITLE REPORT I ~-NEW CONNECTION POINT FOR WATER SERVICE TO FEED BOTH ADUs. INSTALL METER AND BACKFLOW DEVICE IN UNPAVED AREA (SEE VIEW A ON EXHIBIT C • SHEET 2) PER CMWD STD DWG W-4 & W-6 • -~~:~;:. :] ~N F~.~"iL...J~,~~~~';jl J,-~~--+-___:;------< PER DWG 206-1 ---v-• --HHw+-----.i-----J.,, <( (.) ~::;=;.-::t::::,=;:::::;::;;:: (E) 8" VCP SEWER MAIN ;:::::;:::;::;::~~~;:::;::~+::;_j;:p:;:: PER DWG 206-1 ' LL -co -Zo I-(9 0 w <( N w ~ a, :c <( <( (/) Cl (.) I z □ (.) w <( I-> co a5 <( Cl) ~ N -' co 0::: >< N <( w N (.) \ • VILLA 1 LETTERMAN OR. BUILDING C, SUITE 3500 EXHIBIT C -PLAT (PROPOSED ENCROACHMENT WITHIN EXISTING UTILITY EASEMENT) SCALE: 1' = 80'-0" SAN FRANCISCO, CA 94129 415.968.1625 PH villahomes.com ' (N) WATER METER IN UNPAVED AREA \ (N) BACKFLOW PREVE;NTERIN UNPAVED AREA NEW CONNECTION POINT FOR WATER SERVICE TO FEED BOTH ADUs. INST ALL METER AND BACKFLOW DEVICE N UNPAVED AREA (SEE VIEW A) PER CMWD STD DWG W-4 & W-6 . . I V PROPOSED WATER LINE ENCROACHMENT, BACKFILL TRENCHING PER CMWD DETAIL W-4 I / .,./\ / APPROXIMATE SIGNAGE LOCATION PER I I NOTE PROVIDED IN ELECTRICAL \ I I TRENCHING DETAIL ON EXHIBIT C • SHEET 3 y ,,, -----z. / '-/. ~ • . \ \ \, ,,, ,.}~ (E) BUILDINGS .~ • ' (E) PARKING LOT \ . \ -PROPOSED ELECTRICAL CONDUIT ENCROACHMENT, -✓__,.,• .....-- SEE TRENCHING DETAIL ON EXHIBIT C • SHEET 3 • • I ~ I 1..✓,,, ,v,,,, ,,, I I /,,,\~~~~~ ,,, ~Os::,,,<:: ,,, \ ,~-..-".°&7-~ I (\ \ \ \~i~~~ ,, \ -¢</',:>?~ / \ ~'bf!~~ \ ~~~~% ~ /, /\ \ () ~ ~ 16 ~ ,,, \ -~ '6-¢ t<'~ _,,,,, 0 ;,~-¢ .-(\/ \ -~~ -:t;.~O / a ~ CZ <:;, "P .,. q:,u>'<)() .,. - ,.----. __J BUI LDING am w.v. /. ,..----·-·--·- 1--•-y-1-•-· 11 l11 11 7 I I I I I I I I I 1 (ONE) NEW 6" SEWER LATERAL _,_____,__ CONNECTION FOR BOTH ADUs J__j ----- PER CSD DETAIL S-10. BACKFILL TRENCHING PER CSD DETAIL S-5 ------------- --- (N) WATER METER IN UNPAVED AREA. MAINTAIN 2'--0" MAX. .,,. .,. .-SEPARATION BETWEEN WATER METER AND BACKFLOW -PREVENTER. MAINTAIN 5'--0" MIN. SEPARATION BETWEEN WATER METER AND ELECTRICAL SERVICE. SEE ENLARGED VIEW A ------APPROXIMATE SIGNAGE LOCATION AT BACK OF CURB PER NOTE PROVIDED IN ELECTRICAL TRENCHING DETAIL _,.,,,,,.-ON EXHIBIT C • SHEET 3 '?, / .,. ~ 0 ~=--:-:-::::--------~----N EXHIBIT C-ENLARGED PLAT (PROPOSED ENCROACHMENT WITHIN EASEMENT) SCALE: 1/32" - 1 '-0" . I <( (_) L1- -00 N Zo I-C) 0 w <( N w ::E CF> :::c: <( <( U) Cl c.., I -Cl-0 z <( I-w co m > en <( ....I :i: NC:::: >< c.o <( w ~ (_) • VILLA 1 LETTERMAN OR. BUILDING C, SUITE 3500 SAN FRANCISCO, CA 94129 415.968.1625 PH vnlahomes.com PAVEMENT SURFACE BACKFILL ELECTRICAL CONDUITS 7 WITH 6' MIN. RED SLURRY. 12' MIN. CLEARANCE FROM DEPTH OF SLURRY TO TOP OF WATER MAIN I LOCATOR TAPE 12' ABOVE----I CONDUIT. INSTALL TRACER WIRE I AND/OR DETECTABLE MARKING I TAPE AND WARNING/IDT APE IN ELECTRICAL CONDUIT TRENCHES I THROUGH WATER EASEMENT I CONCRETE SLURRY ENCASEMENT 2' ELECTRICAL CONDUIT WI 2/OT CU AND #4 GROUND NOTE: (E) 8' ACP WATER MAIN PER DWG 206-1 . 9 ;.. INSTALL ALUMINUM CAUTION SIGNS (ALUMINUM S-112610"x14" OR EQUAL) THAT READS: "BURIED ELECTRICAL: CONTACT CARLSBAD MUNICIPAL WATER DISTRICT BEFORE DIGGING". ELECTRICAL TRENCHING DETAIL NOTTO SCALE <( (.) u:::: -co M Zo 1--(9 0 w <( N w ~ O') ::c <( <( en Cl (.) I z6 (.) w <( 1--> co m <( (f) N.....I ::c co a::: >< N<( w N (.) • VILLA 1 LETTERMAN DR. BUILDING C, SUITE 3500 SAN FRANCISCO, CA 94129 415.968.1625 PH villahomes.com