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HomeMy WebLinkAboutCD 10-17; OF 07 A Carlsbad LLC; 2012-0067030; 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. Carisbad, CA. 92008 DOC IIIIIIII 2012-OOG7030 llllllllllllllllllllllllllllllllllllll FEB 06, 2012 10:27 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 211-040-18-00 CD 10-17; SP 0023(G) Carlsbad Corporate Plaza PR 11-33 RW 11-187 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and OF 07 A Carlsbad LLC, a California limited liability company ("Owner"), in accordance with Chapter 11.16 of the Carisbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 6183 Paseo del Norte within the City of Carisbad, San Diego County, California, Assessor's Parcel Number 211-040-18-00, and more particulariy 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 Wateriine 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 portions of private parking lot island planters to remain over some portions of the wateriine 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 (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 OF 07 A Carisbad LLC City of Carisbad 12625 High Bluff Dr., 1635 Faraday Avenue Suite 315 Carisbad, CA 92008 San Diego, CA 92130 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. 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 ofOV 2oA^. OWNER: OF 07 A Carlsbad, LLC, a California limited liability company By: OF 07 A Carlsbad MM, LLC, a California limited liability company, Managing Member By: JNT Real Estate Investment Fund, LLC, a California limited liability Company, Managing Member CITY OF CARLSBAD, a municipal corporation of the State of California >ign Here) Jon D. Williams ^(Print Name JHere) (Sign Here) Paul G. Kerr (Print Name Here) APPROVED AS TO FORM: GLEN K. VAN PESKI. City Engineer PLS 8801 Exp. 12/31/2012 RONALD R. BALL City Attorney By: Deputy City Attorn EXHIBIT "A" LEGAL DESCRIPTION "THE PROPERTY" PR 11-33 Real property in the City of Carlsbad, County of San Diego, State of California, described as follows: PARCEL 3 OF PARCEL MAP NO. 3415, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1975 AS FILE NO. 75-014212 OF OFFICIAL RECORDS. APN; 211-040-18-00 Sheet 1 of 2 EXHIBIT **B" "THE EASEMENT" PR 11-33 PARCEL 'A' THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 3415, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNL\, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JANUARY 21, 1975 AS FILE NO. 75-014212 OF OFFICL\L RECORDS, DESCRIBED AS FOLLOWS: COMMENCEsfG AT THE MOST NORTHERLY CORNER OF SAID PARCEL 3, BEING A POINT ON THE ARC OF AN 812.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE CENTER OF WHICH BEARS NORTH 36°50'53" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 09 ° 27 ' 18 " A DISTANCE OF 134.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 20 °38 '40 " WEST 13.57 FEET; THENCE SOUTH 43 °08 '40 " WEST 320.53 FEET; THENCE SOUTH 46 °51 '20 " EAST 29.81 FEET; THENCE SOUTH 43 °08 '40 " WEST 9.23 FEET; THENCE SOUTH 46 °51 '20 " EAST 20.00 FEET; THENCE NORTH 43 °08 '40 " EAST 9.23 FEET; THENCE SOUTH 46 °51 '20 " EAST 38.38 FEET; THENCE SOUTH 43 °08 '40 " WEST 54.34 FEET; THENCE SOUTH 46 °51 '20 " EAST 2.00 FEET; THENCE SOUTH 43 °08 '40 "WEST 38.76 FEET; THENCE SOUTH 46 °51 '20 " EAST 20.00 FEET; THENCE NORTH 43 °08 '40 "EAST 93.11 FEET; THENCE SOUTH 46 °51 '20 " EAST 63.56 FEET; THENCE NORTH 76 °53 '40 " EAST 301.39 FEET TO A POESTT OF ESfTERSECTION WTTH THE EASTERLY BOUNDARY OF SAID PARCEL 3, BEING A POINT ON THE ARC OF AN 332.00 FOOT RADIUS CURVE CONCAVE EASTERLY, THE CENTER OF WHICH BEARS NORTH 66 ° 52 ' 42 " EAST ; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 ° 29 ' 18 " A DISTANCE OF 20.21 FEET; THENCE SOUTH 76 ° 53 ' 40 " WEST 45.40 FEET; THENCE NORTH 12 ° 26 ' 23 " WEST 24.00 FEET; THENCE SOUTH 76 ° 53 ' 40 " WEST 20.00 FEET; THENCE SOUTH 12 ° 26 ' 23 " EAST 24.00 FEET; THENCE SOUTH 76 ° 53 ' 40 " WEST 222.39 FEET; Sheet 2 of 2 THENCE NORTH 46 THENCE NORTH 43 THENCE SOUTH 46 THENCE NORTH 43 THENCE NORTH 46° 51 THENCE NORTH 43 ° 08 THENCE SOUTH 46 THENCE NORTH 43 THENCE NORTH 46° 51 THENCE NORTH 43 ° 08 THENCE NORTH 20 51 08 51 08 51 08 20 "WEST 143.06 FEET; 40 " EAST 38.46 FEET; 20"EAST 6.50FEET; 40"EAST 20.00FEET; 20"WEST 6.50FEET; 40 "EAST 129.96 FEET; 20 " EAST 7.53 FEET; 40"EAST 20.00FEET; 20 " WEST 7.53 FEET; 38 40 " EAST 96.09 FEET; 40 " EAST 15.43 FEET THE NORTHEASTERY BOUNDARY OF SAID PARCEL 3, BEING A POINT ON THE ARC OF AN 812.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, THE CENTER OF WHICH BEARS NORTH 25 ° 58 ' 26 " EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 ° 25 ' 09 " A DISTANCE OF 20.11 FEET TO THE TRUE POINT OF BEGINNING; AREA = 0.426 AC. PREPARED BY ME OR UNDER MY DIRECTION DENNIS W. GOOD LS8084 EXHIBIT C ENCROACHMEN PR 11-32 ENCROACHMENT OF PRIVATE PARKING ISLAND PLANTERS LOCATED OVER WATER EASEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT state of California } County of S^n t:^'ve<^^ On iO/^Mbi^U before me, Amu ^^A^ticY^ [^^V^ fubU Date J J Here Insert Name andTitle'of the Officer J personallyappeared V>- V^^^^Vv^^^. ' " " Name(s) of Signer(s) AMYLOYNALOER Commission # 191882S Notary Public • Ctlifomia San Oiego County ^'**™^ My Comm. Expires Die 25.20141 who proved to me on the basis of satisfactory evidence to be the person^ whose name"5^ is/^ subscribed to the within instruirient and acknowledged to me that he/s>^/tb<jy executed the same in h\s/l^/^r authorized capacity(ijitf), and that by h\s/par/^r sjgnature0B) on the instrument the person^i^, or the entity upon behalf of which the personjjiif 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: Slgner(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: RIGHTTHUMBPRINT OF SIGNER Top of tiiumb liere Signer's Name: • Individual • Corporate Officer — Tltle(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OF SIGNER Top of tfiumlD here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Cfiatsvrorth, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: Call Toll-FlBe 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT } State of California County of SgvA t^lB^^o On \c>[aM|aC)Vl before me, AmU U>4 , ^bb^\/iA fudoUc^ bate ~ J J Here insert Narne andTitle of the Oficer personally appeared va\x\ fi. V^\r Name(s) of Signer(s) ^gS^ AMYLOYNALOER /K-^SS^ Commission # 1918825 i^Sm ^^^^' I My Comm. Expires Dec 25.2014 E Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the personOfi) whose name^s^ \s/i^ subscribed to the within instrument and acknowledged to me that he/sH/tOiy executed the same in his/^i^/flyeir authorized capacity(ifei), and that by his/NV/psigr signatureO^ on the instrument the person<^, or the entity upon behalf of which the personfiij) 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. WITNESS my hand and official seal. Signature. ure of Notary Putjiic 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: • Individual n Corporate Officer —Title(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of tliumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of tliurnb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402 •Chatswortfi, CA 91313-2402'wvw.NationalNotaiy.org Item #5907 Reorder: Call Toll-Ftee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CD\CD 10\CD 10-17 Carlsbad Corporate Plaza - Levy\PR 11-32\9-27-11 Grant Deed CMWD Real Property.doc REV 4/15/10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S^l } On • ^3 . '^\| before me, riatp Here Insert Nam* and Title of the Officer ' Date personally appeared GiL,et-4 ^- ^Ar^\ ^'^l^i Name(s) of Signer(s) TERIE L ROWLEY Commitsiofl # 1952891 NoCiryRiiMie.CiWornii ^ tm Diofo CoMMy ^ who proved to me on the basis of satisfactory evidence to be the person(s^whose name(^ is/are^subscribed to the within instrun(ent and acknowledged to me that he/sj;j^/th^ executed the same in his/h^/thek^ authorized capacity(i^), and that by his/h;E^/the/ signaturej^ on the instrument the person(^, or the entity upon behalf of which the person(^/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 my hand and official seal. Signature To-vOi-^ OPTIONAL Signature of Notary Public Though the information betow 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: C><-^=>^Se^ P ^^ c^<:^ 1 ( Number Signer(s) Other Than Named Above of Pages: 3 Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(^ • Partner — • Limited CXSeneral • Attorney in Fact • Trustee • Guardian or Q6nservator • Other: Signer l»lRepresenting: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name:_ • Individual • Corporate Officer — Title(s); • Partner — • Limited njefeneral • Attorney in Fact • Trustee • Guardian or Cofiservator • Other: / Signer Is^presenting: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association* 9350 De Soto Ave., RO. Box 2402 •Chatsworth, CA 91313-2402* www.NationalNotary.org Item #5907 Reorder. Call Toil-Free 1-800-876-6827