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Home My WebLink AboutSDP 00-06B; Daybreak Community Church; 2012-0788099; Encroachment AgreementDOCtt 2012-0788099 III RECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carisbad, CA. 92008 DEC 14, 2012 11:35 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: RELATED PROJECT ID: 216-841-07 SDP 00-06B PR 12-33 DWG 392-6C ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 ("District") and Daybreak Community Church , a California non-profit religious organization ("Owner"), in accordance with Chapter 11.16 of the Carisbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 6515 Ambrosia Lane in the City of Carisbad, San Diego County, California, Assessor's Parcel Number 216-841-07, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property for which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. District hereby covenants and agrees and grants its permission to Owner to allow an 18" private storm drain system to remain in a portion of the public 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. 8 Daybreak Community Church Phase 3 (B) The Owner shall agree at all times to indemnify and hold the District 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 District, or the District 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 District with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by District'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 District: If to the Owner: City Engineer Daybreak Community Church City of Carisbad 6515 Ambrosia Lane 1635 Faraday Avenue Carisbad, CA 92011 Carlsbad CA 92008 which addresses may be changed from time to time by providing notice to the other party in the manner described above. 6. Waiver. District'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 District's consent for approval to any subsequent act by Owner. Any waiver by District of any default must be in writing and shall not be a waiver of any other defautt 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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this day of OUi^.fYjhf.r 20i^. OWNER (Sign Here) By: tNa (Si^n Hqfe) J/m forcL (Print Name Here) DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 GLEN K. VAN PESKI, City Engineer acting/for District PLS 8801 Exp. 12/31/2012 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Assistant City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^SQ^ D/egO } On ^O^embtr ^g^30(.3 before me, V) laniV hiiC^ tntjjr hfohiry ViJiLliC Here Ins^i IMarrie and Title of the Officer Date personally appeared Gary uJefcfc and \l(m fOrd Name(s) of Slgner(s) DIANE P. BUOINGER Commlssioii # 1971749 Notary Public - Caiifornii San Oiago County ^ My Comm. Expiras Apr 7. 20161 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i^are subscribed to the within instrument and acknowledged to me that ^/stsc&they executed the same in his/her/their authorized capacity (Ies), and that by W§/tJ8iytheir slgnature(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. Place Notary Seal Above WITNESS my hand and official seal. Signature ^^^D/ia^_P,_SLL^ Signature of Notary PUD 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: Ca^/^baiL C/fy i^QT op.rh (V)f to-^ A^ri>vrK?. f Document Date: t400tr/lt)lA^ , '^Ol^ . Number of Pages: Signer(s) Other Than Named Above: Capaclty(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 thumb here Signer's Name: • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Consen/ator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here 02007NationalNotaryAssociation«9350DeSotoAve.,P.O.Box2402<Chatsworth,CA 91313-2402 •vmw.NationalNotary.org Item #5907 Reorder: Call ToU-Fieel-800-876-6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of sSoin bl-tP<^ p On hec^ ^/ZOIT, before me, pef l^^^t^^A^^^Z. ^ AJoju^^ PoUll (Here insert name and title of the officer) personally appeared (£:>l^>r^ l< XjQV^ fi^K 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 instmment 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) CECELIA FEflNANOCZ Commitiion # 19M355 Notary Public • Califoniia San Diago CouMy ^ MyComm.Exfir..Qc»y«li8 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT ittacheS I (Title or description of attachea document) (Title or descnption of attached document contfnue'd) ^ Number of Pages ^ Document DateJ0^\J^_2-^_L2<SI (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 California 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 California. In such instances, any altemative 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 f f A 99 EXHIBIT ''A THE PROPERTY LOT 8 OF CITY OF CARLSBAD TRACT NO. 92-3. IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CAUFORNIA, ACCORDING TO MAP THEREOF NO. 13434, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 23, 1997. PREPARED BY OR UNDER THE SUPERVISION OF: LOREN G. SANDBERG, PLS 8365 REGISTRATION EXPIRES: 12-31-13 OCT 1. 2012 DATE CITY OF CARLSBAD APPLICANT: EXHIBIT "A* DATE: SEPT. 27, 2012 DAYBREAK COMMUNITY CHURCH 6515 AMBROSIA UNE CARLSBAD, CA 92011 (760) 931-7773 LGS ENGINEERING, INC. 628 N. ECKHOFF ST. ORANGE, CA 92868 PHN: (714) 385-0017 FAX: (714) 385-0019 SHEET 1 OF 1 SHEET A.P.N. 215-841-07 P.P. 12-33 99r^99 EXHIBIT THE EASEMENTS AN EXISTING 20' WIDE PUBLIC WATERLINE EASEMENT RECORDED SEPTEMBER 13, 2001 AS DOCUMENT NO. 2001-0656932, OFFICIAL RECORDS OF SAN DIEGO COUNTY. AN EXISTING 20' WIDE PUBUC WATERUNE EASEMENT RECORDED MARCH 18, 2011 AS DOC- UMENT NO. 2011-0146544, OFFICIAL RECORDS OF SAN DIEGO COUNTY. CITY OF CARLSBAD APPLICANT: EXHIBIT "B" DATE: SEPT. 27, 2012 DAYBREAK COMMUNITY CHURCH 6515 AMBROSIA LANE CARLSBAD, CA 92011 (760) 931-7773 LGS ENGINEERING, INC. 628 N. ECKHOFF ST. ORANGE, CA 92868 PHN: (714) 385-0017 FAX: (714) 385-0019 SHEET 1 OF 1 SHEET DAYBREAK COMMUNITY CHURCH 6515 AMBROSIA LANE CARLSBAD, CA 92011 (760) 931-7773 LGS ENGINEERING, INC. 628 N. ECKHOFF ST. ORANGE, CA 92868 PHN: (714) 385-0017 FAX: (714) 385-0019 APN 215-841-07 DAYBREAK COMMUNITY CHURCH 6515 AMBROSIA LANE CARLSBAD, CA 92011 (760) 931-7773 LGS ENGINEERING, INC. 628 N. ECKHOFF ST. ORANGE, CA 92868 PHN: (714) 385-0017 FAX: (714) 385-0019 P.R. 12-33 EXHIBIT "C 99 PRIVATE FIRE SYSTEM WATER METER PRIVATE 24" STORM DRAIN STORM DRAIN CLEANOUT SCALE: r = 30' VICINITY MAP: STORM DRAIN CLEANOUT PRIVATE 18" STORM DRAIN LEGAL DESCRIPTION: NOT TO SCALE CITY OF OCEANSIDE HIGHWAY,—^ CITY OF VISTA LOT 8 OF CITY OF CARLSBAD TRACT NO. 92-3. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, ACCORDING TO MAP ACCORDING TO MAP THEREOF NO. 13434. FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JUNE 23. 1997. EXISTING EASEMENTS: PROJECT SITE CITY OF SAN MARCOS PACiFIC OCEAN ni—AN EXISTING 20* WIDE PUBUC WATERUNE EASEMENT RECORDED SEPT. 13. 2001 AS DOCUMENT NO. 2001- 0656932. OFFICIAL RECORDS OF SAN DIEGO CO. |T|—AN EXISTING 20' WIDE PUBUC WATERUNE EASEMENT RECORDED MAR. 18. 2011 AS DOCUMENT NO. 2011- 0146544. OFFICIAL RECORDS OF SAN DIEGO CO. LEGEND: CITY OF ENCINITAS EXISTING BOUNDARY EXISTING EASEMENT CITY OF CARLSBAD APPLICANT: EXHIBIT "C DATE: SEPT. 27, 2012 DAYBREAK COMMUNITY CHURCH 6515 AMBROSIA UNE CARLSBAD, CA 92011 (760) 931-7773 LGS ENGINEERING, INC. 628 N. ECKHOFF ST. ORANGE, CA 92868 PHN: (714) 385-0017 FAX: (714) 385-0019 SHEET 1 OF 1 SHEET A-P.N. 215-841-07 P.R. 12-33