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HomeMy WebLinkAboutCT 14-06; Presidio Pebble Creek Carlsbad 8 LLC; 2017-0056204; 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 ASSESSOR'S PARCEL NO: PROJECT ID: PROJECT NAME: RELATED PROJECT: PROPERTY ADDRESS: 1675314500 DEV14053, CT 14-06 AFTON WAY ----·--- EAGREE2016-0005, PR 16-17 N/A DOC# 2017-0056204 1111111111111111111111111111111111111111111111111111111111111111111111 Feb 02, 2017 02:48PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $36.00 PAGES: 8 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and PRESIDIO PEBBLE CREEK CARLSBAD 8 LLC, a Delaware Limited Liability Company ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal 1. The Property. Owner is the owner of that certain real property located within the City of Carlsbad, San Diego County, California and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns existing easements over, under, and across Owner's property which easements are 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 private wall subdrains, storm drain pipe and a storm drain cleanout to remain in a portion of the easements. 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 ( 1 0) 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. 12/20/2016 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. !:Jotices 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad, CA 92008 If to the Owner: PRESIDIO PEBBLE CREEK CARLSBAD 8 LLC Attn: GARY L ARNOLD 301 28th Suite A National City, CA 91950-6642 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. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ 2 12/20/2016 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 4 ~ day of '10.\-l ,20 _D_. OWNER: PRESIDIO PEBBLE CREEK CARLSBAD 8 LLC, a Delaware Limited Liability Company By~~H~~ Gary L. Arnold (Print Name Here) By: ________ ~~~~-------- (Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: J[24o;~EM?-¢ Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON . GELDERT, Engin ( g Manager 12/20/2016 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 5'&~ , f);~ l r} v On , Tc•~'~ t f/, "-t" t-1 before me, ___ (-'.-, • .;,<-j_u_·_.'n----'('-·-~~-~-/~. _ _J_,A-=-V._-(._-1_·~-,J·,_r___,.fJ_t-_"-L_,_;,_··-=-(· __ _ Date ~Here !nseryName and Ti£ofthe Officer personally appeared ______ c-i_·-_t_c.-=-:.,<-'1_./..._._A_· _1"'_.:.f_,(__________ __ _________ _ Name(s) of Signer(s) 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/s~/they executed the same in his/hp/th~ir authorized capacity(ies), and that by his/l)er/thEflr signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seal Above 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. f! j /! Signature ___ ;_, ___ :::__ __ --'-~"""---____ _ Signature of Notary Public ----------------------------oPTIONAL---------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document . Title or Type of Document: LYl o uo.c h mt"1l· ,AjHr h'"""fDocument Date: ,.,&? C1 Y, ..JtJJ 7 Number of Pages: 3 Signer(s) Other Tha~amed Above: ____________ _ Capacity(ies) Claim~ by Sigper(s) . • Signer's Name: c-rM'/ .£. /JI,1t...Pc ( D Corporate Officer -11tie(s}: ______ _ [J Partner -!J Limited D General D Individual D Attorney in Fact LJ Trustee . !l Guardian or Conservator 0 Other: fore<JJt., '~j Signer Is Representing. 'I~ r.· h· 'i ' C/_)lriH< ( I ,(J, Signer's Name:------------- 0 Corporate Officer -Title(s): ______ _ C Partner -D Limited D General C Individual D Attorney in Fact C Trustee n Guardian or Conservator D Other: _____________ _ Signer Is Representing: ____ . ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 12/20/2016 EXHIBIT "A" PR 16-17 THOSE PORTIONS OF LOTS 1 THRU 4 OF CARLSBAD TRACT NO. 83-20 ACCORDING TO r.'!AP THEREOF NO. 11578 TOGETHER WITH LOT 6 A PORTION OF LOT 5 AND A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHV'/EST QUARTER OF SE010N 32, TOWNSHIP 11 SOUTH, RANGE 4 \A/EST, SAN BERNARDINO MERIDIAN ALL IN THE CITY OF CARLSBAD, COUNn' OF SAN DIEGO, STATE OF CAUFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF SAID LOT 1; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY BOUNDARY THEREOF SOUTH 49° 12' 54" EAST 91.33 FEET; THENCE LEAVING SAID BOUNDARY SOUTH 40° 15' 51" WEST 106.47 FEET; THENCE SOUTH 28° 40' 29" 'vVEST 109.48 FEET; TO TI-iE SOUTHERLY BOUNDARY OF SAID LOT 2; THENCE NORTH 70° 19' 19" WEST 26.29 FEET TO A 182.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE 59.85 FEET THROUGH A CENTRAL ANGLE OF 18° 50' 35" TO THE MOST WESTERLY CORNER OF SAID LOT 2; THEf\'CE NON-TANGENT TO SAID CURVE SOUTH 32° 56' 14" WEST 20.20 FEET TO THE MOST NORTHERLY CORNER OF SAID LOT 3 SAID CORNER BEING ALSO A POINT ON A NON-TANGENT 222.00 FOOT RADIUS CURVE CONCAVE NORTHERLY A RAD1AL UNE TO SAID CURVE BEARS SOUTH 37° 30' 45" WEST; THENCE EASTERLY ALONG THE ARC OF SAID CURVE BEif\'G ALSO THE NORTHERLY BOUNDARY OF SAID LOT 3 69.10 FEET THROUGH A CENTRAL ANGLE OF 17° 50' 04"; THENCE SOUTH 70° 19' 19" EAST 26.29 FEET; THENCE LEAVING SAID NORTHERLY BOUNDARY SOUTH 24° 47' 54" WEST 256.35 FEET TO AN ANGLE POINT IN THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE ALONG SAID SOUTHERLY BOUNDARY SOUTH 42° 43' 19" WEST 41.12 FEET; THENCE NORTH 81 o 58' 29 .. WEST 136.19 FEET TO THE MOST WESTERLY CORNER OF SAID LOT 4; THENCE ALONG THE NORTHWESTERLY BOUNDARY THEREOF NORTH 32° 56' 14" EAST 22.29 FEET TO THE SOUTHERLY CORNER OF SAID LOT 6; THENCE ALONG THE WESTERLY BOUNDARY THEREOF NORTH 1 o 11' 15" EAST 604.98 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG THE SOUTHERLY LINE THEREOF NORTH 88° 39' 12" WEST 332.19 FEET TO THE EASTERLY UNE OF THE WESTERLY 15 CHAINS OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALOf\'6 SAID EASTERLY UNE NORTH 1 o 32' 57' EAST 100.00 FEET TO THE NORTHERLY UNE OF THE SOUTHERLY 100.00 FEET OF SAID NORTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE ALONG SAID NORTHERLY LJNE SOUTH 88° 39' 12" EAST 767.06 FEET TO THE SOUTHEASTERLY OOUNDARY OF SAID LOT 5; THENCE ALONG SAID SOUTHEASTERLY BOUNDARY AND THE SOUTHWESTERLY PROLONGATION THEREOF SOUTH 32° 56' 14" \1\/EST 232.10 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION GRANTED TO THE OTY OF CARLSBAD DESCRIBED AS EXHIBIT "A" ON THE DEED RECORDED SEPTEMBER 23, 1986 AS INSTRUMENT NO. 86-420850, OF OFFIOAL RECORDS. TOGETHER \/1/'ITH THAT PORTION OF AFTON WAY VACATED BY RESOLUTION NO 8916, RECORDED JANUARY 13, 1987 AS INSTRUMENT NO. 87-014272, OF OFFICIAL RECORDS. EXHIBIT "B" PR 16-17 THAT PORTION OF CARLSBAD VILLAGE DRIVE (FORMERLY ELM AVENUE) DEDICATED FOR PUBLIC STREET PURPOSES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 11578, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON JULY 29, 1986; MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWESTERLY RIGHT OF WAY OF CARLSBAD VILLAGE DRIVE (FORMERLY ELM AVENUE), APPROXIMATELY 145' NORTHWEST OF THE STREET INTERSECTION OF CARLSBAD VILLAGE DRIVE AND CELINDA DRIVE AS SHOWN ON EXHIBIT C. AND THAT PORTION OF CARLSBAD TRACT NO. 14-06 DEDICATED FOR PUBLIC STREET AND UTILITY PURPOSES FOR AFTON WAY, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. , AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON '\ ' . LOTB ~ EXHIBIT "C" PR 16-17 18" PVT. HOPE STORM DRAIN {ENCROACHMENT IN R ~ 0 MAP 11578 b~A,Inc. SCALE: 1 "=50' RONALD L. HOLLOWAY R.C.E. 291., 1 APN'S 167-531-45 land planning, eM! engineering. surveying 5115 AVENIDA ENCINAS SUITE "L" CARLSBAD, CA. 92008-4387 (760) 931-8700 IMPROVEMENTS PER CITY OF CARLSBAD DWG 495-9 & 495-9A CITY OF CARLSBAD ENCROACHMENTS AFTON WAY SUBDIVISION CT 14-06 DATE: 12/22/16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • 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 Dre~ tJ ) On Ja/lUal~ :J.lf,/2/Jfhefore me, -~f)flt. JI»J,e~, J/tJTifE( Pub/~ Date Here Insert Name and Title of the Officer peffion~~ appeared ~~~~~~~-D-~~~~~--~~~~·~\~~~~f~~~~~~~~~~~ Name(s) of Signer(s) 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. ~-.-.................. ·.··•··••······•··· .... -....... •.···········································1 • ROXANNEJONES COMM.#2107902 ""' NOTARY PUBLIC • CALIFORNIA !ij SAN DEGO COUNlY ,.,. l Commi&lion&pie&April20. 20191 .-.f'.:.a--.:; .. -.... ~,-.. ,_-J,.-..('X,.·.-n.·: .... -.-••• -,..-JJ.V:.-.... .._,_ • .,. ...... .-..,.-,..-. Place Notary Sea/ Above 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 l2aft;vuv ~ j? i!.k2 Signature Notary Pub/tc -------------------------------oPTIONAL------------------------------ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ___________ _ Signer's Name: ___________ _ '~ Corporate Officer -Title(s): ______ _ [J Corporate Officer -Title(s): _____ _ n Partner -n Limited D General [] Partner -I I Limited U General lJ Individual 1 ! Attorney in Fact LJ Individual L : Attorney in Fact :::'Trustee II Guardian or Conservator D Trustee [ -1 Guardian or Conservator [J Other:-------------~ [J Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907