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HomeMy WebLinkAboutCUP 11-06; Surya LP; 2013-0338882; 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 DOCtt 2013-0338882 iiiiiiiiiiiiiiiiiiiiiiiiiii MAY 30, 2013 2:34 PM 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 213-091-06 CUP 11-06 Fairfield Inn PR 12-55 N/A ENCROACHIVIENT AGREEIVIENT This ENCROACHIVIENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Surya LP, a California limited partnership ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1 • The Propertv. Owner is the owner of that certain real property located at 1929 Palomar Oaks Way within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-091-06, 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 sewer purposes 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 enhanced concrete pavement, bioretention basin with inlet and drainpipe and private sidewalk to remain in a portion of the sewer 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, Q;\CED\LanclDev\PROJECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\PR 12-54 Sewer Encroachment Agreement, Fairfieldlnn.doc 01/25/13 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 Surya LP City of Carlsbad Attn: Neil Patel 1635 Faraday Avenue 10660 Scripps Ranch Blvd, Ste. 100 Carlsbad CA 92008 San Diego, CA 92131 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. Capacitv. 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 Q:\CED\LandDev\PROJECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\PR 12-54 Sewer Encroachment Agreement, Fairfield Inn.doc 01/25/13 this IN WkTNESS WHEREOF, these parties hereto have executed this Agreement on day of M^ii 20i3_. OWNER Surya LP, a California limited CITY OF CARLSBAD, a municipal partnership corporation of the State of California By: By: (Sign Here) (Print Name Here) (Sign Here) (Print Name Here) GLEN K. VAN PESKI, City Engineer y 7A PLS 8801 Exp. 12/31/2014 APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney Q:\CED\LandDev\PROJECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\PR 12-54 Sewer Encroachment Agreement, Fairfieldlnn.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SQA Pl^^ } On ffl<^fC3(\ \^ I before me. Date * Here Insert^tlameUnd Title of the Officer' personally appeared SvjYESVl V(^^ Name(8) of Slgner(s) UEHZALVMNCARAGAY CpfwnittiOf) # 19S3378 Notary PMMC • CaMonilt S«iOi«aoCMMIDr ft inyr.Wfy»gifl'tf 178 I mlt I 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 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. Place Notary Seal Above Signature. OPTIONAL - Sfcnature of Notary Publli 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 • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUWIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Tltle{s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO.Box 2402»Chatswortti,CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Ftee 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\PR 12-54 Sewer Encroachment Agreement, Fairfieldlnn.doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^av\ Ic^v-g^ ?:> before me, /^e(}€\.iC^ Ftfr l^^ wa(^tf'2^ . Nl6-fex/"\/ \^o}^\\t^ (Here insert name and title 6f the officer) ( On q/^//^ personally appeared Gr\cv\ . \J 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 PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) CECaiAFgRNANOEZ CommiMiofi # t«NS88 NotwyPuMie-CaMonila SmOltaoCovilir I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com PR 12-55 Exhibit "A" PARCEL i: ALL OF LOT 16 AND A PORTION OF LOT 15 OF CARLSBAD TRACT NO. 80-38, MAP NO. 10198, AS FILED IN THE OFFICE OF THE COUNTY RECORDER, COUNTS OF SAN DIEGO, STATE OF CAUFORNIA, AS INSTRtMMT NO, 81-194627, DATED SEPTEMBER 15,1981, OFFICIAL RECORDS. a^lMENONG AT A X18" IRON PIPE MONUMENT WITH DISC MARKS) R.CE. 18673, PER MAP NO. 10198. SAID l^miMENT BBNG WE COMMON CORNER OF LOT 16 AND LOT 15 ON A PORTION OF A 1535.00 FOOT RADIUS ARC BEING TME SOUfflERLY RIGHT OF WAY UNE OF PALOMAR OAKS WAY AND THE TKUE POINT OF BB^NNING FOR LOT C, SAID POINT HAVING A RADIAL UNE WHICH BEARS NORTH 13® 14* 33" EAST* THENCE ALONG THE ARC OF A PORTION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00« 26' 04", AN ARC WSTANCE OF 11.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12» 48" 29" WEST 62.00 FEET; THENCE SOUTH Oy* 39' 57" WEST 128.22 FEET; THENCE SOUTH eO** 20* 03" EAST 101.93 FEET; THENCE SOUTH 29» 39'sr WEST 42.(M) FEET; THENCE SOUTH 60* 20^ 03" EAST 4.00 FEET; T>ffiNCE SOUTH 29* 39" 57" WKT &4.72 FEET TO A POIPfT ON TTffi SOUTHERLY LOT LINE OF LOT 15 AS DESCRIBED IN MAP NO. 10198, CONHNUING ALOr«> A PORTION OF SAID LOT UNE; THENCE NORTH 54« 34* 18" WEST 89.99 FEET TD A POINT BHNG THE CORNER OF LOT 15 AND LOT 16, CONTINUING ALONG THE LOT UNE OF LOT 16 AS DESCRIBED IN MAP NO. lOlM; THENCE NORTH 80® 14' 18" WEST 94.37 FEET; THBCE NORTH 34® 24'52" WKT 109.70 reET; THENCE HOSCm 71® 50' 26" WEST 263.11 FEET; imKE mm\ 18® 09* 34" EAST 84.96 FEET TO ATANGEMT POINT ON A144 FOOT CURVE, HAVING A RAMM. UNE WHICH BEARS NORTH 04® 31' 51" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31® 43' 23", AN ARC DISTANCE OF 79.73 FEET, TO A POINT OF TANGENCY; THENCE NORTH 62® 48' 28" EAST 72.61 FEETTO A POINT BEING TANGENT TO A 231.34 FOOT RADIUS CURVE, A RADIAL UNE OF 9VID CURVE BEARS SOUTH 27® 11' 32" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43® 09' 34", AN ARC DISTANCE OF 174.26 FEETTD A POINT OF TANGENOT; THENCE SOUTH 74® 01* 58" EAST 53.43 FEETTO A POINT BEING TANGENT TO A 1535.00 FOOT RADIUS CURV^ A RADIAL UNE OF SAID CURVE BEARS NORTH 15° 58* 02" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02® 43' 29", AN ARC DISTANCE OF 73.00 FEET TO A POINT OF TANGENCY TERMINATING AT A POINT, SAID POINT BEING THE POINTOFTRUE BEGINNING. SAID PROPERTY BEING DESCRIBED AS "PARCEL CIN A CERTIFICATE OF COMPLIANCE RECORDED ON MAY 20,1992 AS INSTRUMENT NO. 1992-0309738 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY. JOigiJSft:OF^Y LS 8733 EXPIRES 12/3 DATE EXHIBIT LEGAL DESCRIPTION SEWER EASEMENT PR 12-55 A PORTION OF LOTS 15 AND 16 OF CAIU.SBAD TRACT NUMBER 80-38 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10198 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 1981 AS FILE NO. 81-294627, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEASTERLY CORNER OF A PARCEL DEPICTED ON RECORD OF SURVEY NO. 13878, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 20, 1992 AS FILE NO. 92-527123, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG THE EASTERLY LINE OF SAID PARCEL SOUTH 12°50'00" WEST A DISTANCE OF 40.56 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 8r52'07" WEST A DISTANCE OF 41.82 FEET; THENCE NORTH 21°16'36" WEST A DISTANCE OF 38.62 FEET, TO THE BEGINNESfG OF A NON-TANGENT 662.11 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, THE RADIAL OF WHICH BEARS SOUTH 10°59'07", THENCE ALONG SAID CURVE A DISTANCE OF 224.17 FEET THROUGH A CENTRAL ANGLE OF 19°23'55"; THENCE NORTH 77°16'09" WEST A DISTANCE OF 27.09 FEET TO A POINT ALONG THE NORTHERLY LINE OF SAID LOT 16; THENCE ALONG SAID NORTHERLY LINE NORTH 62°48'28" EAST A DISTANCE OF 12.58 FEET; TO THE BEGINNING OF A TANGENT 231.34 FOOT RADIUS CURVE, CONCAVE SOUTHERLY, THENCE ALONG SAID CURVE A DISTANCE OF 174.26 FEET THROUGH A CENTRAL ANGLE OF 43°09'34"; THENCE SOUTH 74°01'58" EAST A DISTANCE OF 53.43 FEET; TO THE BEGINNING OF A TANGENT 1535.00 FOOT RADIUS CURVE, CONCAVE NORTHERLY, THENCE ALONG SAID CURVE A DISTANCE OF 84.64 FEET THROUGH A CENTRAL ANGLE OF 03°09'33"; TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 0.19 ACRES OR 8,106.94 SQUARE FEET MOP^ OR LESS. JOHNSrCOFF LS 8733 EXPIRES 12/3 DATE EASEMENT TO THE CITY OF CARLSBAD FOR WATERMAIN, INGRESS AND EGESS REC. 12/7/88 AS DOC. NO. 628775 OF O.R. SEWER MAIN EASEMENT ENCROACHMENTS EASEMENT FOR PIPELINE AND FIXTURES & APPURTENANCES REC. 7/12/83 AS INST NO. 0235405 OF O.R. 15' EASEMENT FOR SEWER PURPOSES (PVT STREET) '"^---^'-^^HE CITY OF CARLSBAD AS SHOWN 0NlmF4mbB FILED 9/15/81 BIORETENTTON^ AREA fl (P) POOL (P) HOTEL 10' EASEMENT FOR SEWER LINE PURPOSES RECORDED 1/5/65 AS INST NO. 1288 AND 9/21/65 AS INST 171355 OF O.R 10' EASEMENT TO SAN MARCOS WATER DISTRICT FOR PIPELINE. INGRESS AND EGRESS PURPOSES REC. 3/4/81 AS INST. NO. 065865 OF O.R. LEGEND ENHANCED PAVEMENT GT-^0-{MOa) DRIVEWAY 4" TRENCH RAIN 6" PVC TO EXisnNG-- 27"' RCP W/CONCRETE PER SDRSD TPBJ — DESCRIPTION SYMBOL N45'45'45l/\/ PROPERTY LINE 6" PVC DRAIN LINE BIORETENTION AREA 12" ROUND INLET © 12x12 BROOKS BOX \N/GRATE g ga COFFEY ENGINEERING, INC. 10660 SCRIPPS RANCH BLVD, SUITE 102 SAN DIEGO, CA 92131 PH (858)831-0111 PR 12-55 APN: 213-091-06 FAIRFIELD INN & SUITES EXHIBIT C SCALE: 1"=40' 0 20 40 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: ""^"WENT Name of the Notary: {'^feJ.'r^ -SXir^^^.l^ Commission Number: W/^^^ Date Commission Expires: ifkoliC^ County Where Bond is Filed: Manufacturer or Vendor Number: Ki^/^^ (Located on both sides ofthe notary seal border) Signature; Citv of Carlsbad Place of Execution: Office of the Citv Clerk/City of Carlsbad Date: £k^ff3> Rec. Form #R10 (Rev.7/96)