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HomeMy WebLinkAboutMS 16-04; Pivotal 650 California St. LLC; 2020-0534129; Encroachment AgreementDOC# 2020-0534129 11010 111111101101111111111111111111111111101111111111 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD Sep 14, 2020 08:59 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $38.00 (5[32 Atkins: $0.00) PAGES 9 WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 213-261-23 MS 16-04 Viasat Bressi Ranch Campus EAGREE2020-0016 RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Pivotal 650 California St., LLC, an Arizona 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 2508 Gateway Road within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-261-23, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public street and utility 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 two four-inch conduits to remain in a portion of the 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, 1 \CED\LandDev\PROJECTS \MS \MS 16 \MS 16-04 Viasat Bressi Ranch Campus - RickTeeds-Easement\EAGRE2020-0016 Viasat - Rick \ENCROACHMENT AGMT EAGREE2020-0016.doc 9/5/2014 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Pivotal 650 California St,LLC c/o Pacific Companies 1702 East Highland, Suite 310 Phoenix, AZ 85016 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 2 Q:\CED\LandDev\PROJECTS \MS \MS 16 \MS 16-04 Viasat Bressi Ranch Campus - Rick\Deeds-Easement\EAGRE2020-0016 Viasat - Rick\ENCROACHMENT AGMT EAGREE2020-0016.doc 9/5/2014 such signature(s) thereby bind such party. this IN WITNESS WHEREOF, these parties hereto have executed this Agreement on day of , 20 OWNER Pivotal Pivotal 650 California St., LLC, an Arizona limited liability company (Sign Here) 4rici r-efrv (oho (Print Name Here) By: (Sign Here) (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineering Manager RCE 63912 Exp. 9/30/2020 I Ie.. s Fkc:t--- -515 38 V APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 3 Q:\CED\LandDev\PROJECTS \MS \MS 16\MS 16-04 Viasat Bressi Ranch Campus - Rick\Deeds-Easement\EAGRE2020-0016 Viasat- Rick\ENCROACHMENT AGMT EAGREE2020-0016.doc 9/5/2014 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: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact O Trustee 0 Guardian or Conservator O Other: Signer is Representing: Signer's Name: O Corporate Officer — Title(s): O Partner — 0 Limited 0 General O Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator O Other: Signer is Representing: CALIFORNIA 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 On before me, 8r.e ja Eetroetvidez Petal's') ?4_ Date Here Insert Name and Title of the Officer personally appeared Tito eAvvoli 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. 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. Cecelia Fernandez comm. #2166624 NOTARY PUBLIC • CALIFORNIA T, SAN DIEGO COUNTY " Signature Place Notary Seal and/or Stamp Above Signature of Notary Public ©2018 National Notary Association State of Arizona County of MAk/COPA ) On this /3 r+7day of thAd S , 20 C,2_ before me personally appeared el re tA( Co h (name of signer), whom I know personally, and acknowledged that he/she executed the same. .- of-FICIk.. SEAL L' ,t• CRRNT1NA BULLINGTON t, NOT&R'r PUBLIL, ,- ARIZONA .1 I lvtARICOPA COUNTY 1.) COMM # 561714 My CorrTm. Ey.7,4r,- C4/1 2.12023 8 -.1".....C.C"Coor....0C.C.r•-•GC.1 .:1 (seal) Notary Public EXHIBIT "A " EAGREE 2020-0016 PROPERTY LEGAL DESCRIPTION PARCEL 4 OF CARLSBAD MINOR SUBDIVISION, MS 13-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21152, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 7, 2014. W RCE No. C68075 EXP. 06-30-21 or ck\-\ NO. 68075 013,47i02.40 DATE PASCO LARET SUITER & ASSOCEIATIES San Diego I Solana Beach I Orange County Phone 858.259.8212 I www.plsaengineering.com 2508 GATEWAY RD. APN: 213-261-23 PLSA JOB NO. 2394 PRIVATE UTILITY ENCROACHMENT AGREEMENT SHEET 1 0F4 W. 44/ -7 RCE No. C68075 EXP. 06-30-21 OF C EXHIBIT" B" EAGREE 2020-0016 CAMPBELL PLACE LEGAL DESCRIPTION THAT PORTION OF CAMPBELL ROAD LYING EASTERLY OF LOT 12 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSE3AD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4TH, 2005. GREG J.ANG RICJE NO. 68075 OeLl /72e1c) DATE I 2508 GATEWAY RD. APN: 213-261-23 PRIVATE UTILITY ENCROACHMENT AGREEMENT PASCO LARET SUITER & ASSOCIATES San Diego I Solana Beach I Orange County Phone 858.259.82121 www.plsaengineering.com PLSA JOB NO. 2394 SHEET 2 0F4 PROPERTY OWNER BUSINESS OWNER /APPLICANT CITY OF OCEANSIDE HIGHWAY 78 (-SITE CITY OF VISTA 019 CITY OF SAN MARCOS PACIFIC OCEAN CITY OF ENCINITAS Ro VICINITY MAP NO SCALE Ofil DATE EXHIBIT "C " EAGREE 2020-0016 PIVOTAL 650 CALIFORNIA ST., LLC , AN ARIZONA LIMITED LIABILITY COMPANY 1702 EAST HIGHLAND, SUITE 310 PHOENDC, AZ 85016 VIASAT, INC 6155 EL CAMINO REAL CARLSBAD, CA, 92009 2508 GATEWAY RD. APN: 213-261-23 PRIVATE UTILITY ENCROACHMENT AGREEMENT PASCO LARET SUITER & ASSOCIATES San Diego I Solana Beach I Orange County Phone 858.259.8212 I www.plsaengineering.com PLSA JOB NO. 2394 SHEET 3 OF 4 EXHIBIT" C" EAGREE 2020-0016 LOT 15, MAP 14960 \ PARCEL 3, PM 20743 2544 & 2548 CAMPBELL PLACE APN: 213-261-19 RW CAMPBELL PLACE (72' R.O.W.) PER MAP 14960 RW u.1 w 111 ENCROACHMENT PRIVATE COMMUNICATION CONDUITS UNDER CAMPBELL PLACE PARCEL 4, PM 21152 2508 GATEWAY ROAD APN: 213-261-23 LOT 1, MAP 15790 C LEGEND PROPOSED PRIVATE COMMUNICATION CONDUITS (2-4") EX. JT PULL BOX EX. JT STRUCTURE EX. GAS (VERIFY IN FIELD) EX. ELECTRICAL EX. COMMUNICATION RW PRIVATE UTILITY ENCROACHMENT SCALE: 1" = 40' =I EX. RECLAIMED WATER EX. WATER EX. SEWER EX. STORM DRAIN 0 40' 80' 120' 2508 GATEWAY RD. APN: 213-261-23 PRIVATE UTILITY ENCROACHMENT AGREEMENT PLSA JOB NO. 2394 PASCO LARET SUITER ASSOCIATES San Diego I Solana Beach I Orange County Phone 858.259.82121 www.plsaengineering.com SHEET 4 0F4