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HomeMy WebLinkAboutMS 15-12; Casa Aldea Carlsbad LP; 2018-0228574; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2018-0228574 I llllll lllll lllll lllll llll llllll lllll lllll lllll lllll 111111111111111111 Jun 06, 2018 12:58 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $41 00 (SB2 Atkins $0 00) PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 168-360-16-00 -----------PROJECT ID: MS 15-12 -----------PROJECT NAME: CANNON RD SENIOR HOUSING RELATED PROJECT ID: EAGREE2017-0018 RELATED PROJECT ID: SDP15-13 ----------- 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 Casa Aldea Carlsbad, LP, a California limited partnership ("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 Robertson Ranch Planning Area 22 in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 168-360-16-00, 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 a retaining wall to remain in a portion of the public waterline 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 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 01/25/13 12:-; (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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Carl Gustafson Casa Aldea Carlsbad, LP 6102 Gullstrand Street San Diego CA 92122 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 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. Ill Ill Ill 2 01/25/13 ,IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 5th day of D-€ci10JJ~ /L, , 20__!_]_. OWNER, Casa Aldea Carlsbad, LP, a California limited partnership By: Esquiline, Inc, a California corporation General Partner By ~~ -------~------(Sign Here) Carl Gustafson (Print Name Here) By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON l(EMP ~-tAe,r-$'rl'Oc,a Assiste11t City Attorney 0efuT'!) 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 Mai 1age1 acti11g fo, Disli ict• 01/25/13 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. who proved to me on the basis of satisfactory evidence to be the person~ whose name~ is/a~ subscribed to the within instrument and acknowledged to me that t}e1she/t~y executed the same in ~/her/their authorized capacity(i~), and that by ~/her/t~ir signature~ on the instrument the person{s), or the entity upon behalf of which the person(7' 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. ----------------oPTTONAL---------------- 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: ri) CCQ4.0J f)1-&1f 49~Document Date: _/~;;__,/~~-------+-+-/~?~_ Number of Pages: ,..3 3 Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ ! ! Corporate Officer -Title(s): ______ _ [ I Partner -D Limited I I General [-: Individual r I Trustee D Attorney in Fact D Guardian or Conservator L: Other: _____________ _ Signer Is Representing: ________ _ Signer's Name: ___________ _ r _7 Corporate Officer -Title(s): ______ _ il Partner -n Limited L[ General 1----: Individual I] Attorney in Fact I J Trustee lJ Guardian or Conservator I 7 Other: _____________ _ Signer Is Representing: ________ _ ~~'<X,'<X,'g(,~~'§(;'§(;'g;,~'g;,~'g,~'g;.'§(;~~'g;,~~~~~~~00!'.e~~~ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 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 S {) 11 J> i l {/ 0 J On -Dt (!_ 5 1 :3' o I ] before me, -~'-'i ~---"----'---"---'-"'-+-'~--J'-"--'~--J'-------'fi----'i.l,,.__· =G-'---/-'----{' <:...,,=' =---- Here In rt Name and Title of the Officer Date personally appeared {! 17/{ / l3 I' 1 0 o t <I J r ~ u ( ta p s () rJ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person~) whose name(,¢) is/a~ subscribed to the within instrumen; and acknowledged to me that he/she/they executed the same_ i9 his/hefl#\eit-authorized capacity(ie5}, and that by his/~signature(4 on the instrument the person,{s), or the entity upon behalf of which the person{gf acted, executed the instrument i············~ .....• LUPE ORTEGA : ~~~: Notary Public -California : ~ < ..:·. San Diego County > 2 · • Commission # 2195510 - My Comm. Expires Jun 1, 2021 Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. ----------------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: t'n c Ro 0{1 /1 Ml 11 f= fft{rw&tdccument Date: _c_/_:_,;l.,~.1-li.,_O--=S=---"--'-l_7_,___ Number of Pages: Q_ Signer(s) Other Than N~ed Above: __ --:-_ Capacity(ies) Cl~imej by Signer(s) , . Signer's Name: L:'_l}K ---6-rl (jo ( 1../ filuJ f-!'JJ.o)Signer's Name: __ __ __ r:>rt:orporate Officer -Title(s);T ________ ' "-_f O Corporate Officer -Title(s): ______ _ 17 Partner -J Limited r I General J Partner -I I Limited [J General n Individual n Attorney in Fact ~ Individual n Attorney in Fact D Trustee n Guardian or Conservator D Trustee D Guardian or Conservator D Other: · 7 Other: Signer Is Repres~nting:--l' o v ,1 J;tL./-Io ;:} . Signer Is Representing: __ ,;_-0.~.._',(,'<.:.<;,£<,'C<:,'<Y.,'<X,'C<:,'C<:,""'<,'G';"-'<;<.!'.(;c,:;-,c,.,,<.:.<;<Y,/C.(;~X,<.X,'C(,'C(,'C(,<.X,<.,X,<.'-<.,'C(,"'<:-"'-'<;.'C(;.'-'<:-'-'<;.'f..X,'-'<;.'./4-<Y.,'C<,'<X,'C<,~'C<,'C<,""'<,'C(,·C<;<:,<;<. @2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 01/25/13 EXHIBIT "A" EAGREE 2017-0018 LEGAL DESCRIPTION OF PROPERTY THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL A OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT RECORDED MAY 05, 2010 AS INSTRUMENT NO. 2010-0225511 OF OFFICIAL RECORDS, BEING ALL OF LOT 3 OF CARLSBAD TRACT NO. 02-16, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 15608, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2007 AS INSTRUMENT NO. 2007-0612802 OF OFFICIAL RECORDS, AND A PORTION OF PARCEL 2 OF PARCEL MAP NO. 19804, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 03, 2005 AS INSTRUMENT NO. 2005-0659805 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3 OF MAP NO. 15608, SAID POINT BEING ON A 1400.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY, A RADIAL TO SAID POINT BEARS NORTH 28°34'06" WEST, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF SAID LOT 3, EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20°07'19" A DISTANCE OF 491.67 FEET; THENCE NORTH 81°33'13" EAST 313.18 FEET TO THE NORTHEAST CORNER OF SAID LOT 3; THENCE ALONG THE EAST LINE OF SAID LOT 3, SOUTH 08°26l47" EAST 51.00 FEET TO THE NORTHWEST CORNER SAID PARCEL 2 OF PARCEL MAP NO. 19804; THENCE EASTERLY ALONG THE NORTH LINE OF SAID PARCEL 2, NORTH 81°33'13" EAST 234.27 FEET; THENCE LEAVING SAID NORTH LINE, SOUTH 08°26'47" EAST 46.02 FEET; THENCE SOUTH 00°41'23" WEST 151.49 FEET; THENCE SOUTH 53°59'20" WEST 29.64 FEET; THENCE SOUTH 16°30'58" EAST 171.16 FEET TO THE SOUTH LINE OF SAID PARCEL 2; THENCE WESTERLY ALONG SAID SOUTH LINE, SOUTH 65°09'20" WEST 184.16 FEET; THENCE NORTH 77°55'34" WEST 113.37 FEET TO THE SOUTHEAST CORNER OF LOT 3; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT, NORTH 77°55'34" WEST 521.75 FEET; THENCE SOUTH 65°35'13" WEST 101.29 FEET TO THE SOUTHWEST CORNER OF SAID LOT 3; THENCE ALONG THE WEST LINE OF SAID LOT, NORTH 26°32'03" WEST 93.09 FEET TO THE BEGINNING OF A NON-TANGENT 178.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 22°14'31" WEST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 26°01'51" A DISTANCE OF 80.87 FEET TO THE BEGINNING OF A REVERSING 25.00 FOOT RADIUS CURVE, Page 1 of 2 CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 48°16'22" EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76°50'28" A DISTANCE OF 33.53 FEET; THENCE NORTH 28°34'06" WEST 51.00 FEET TO THE TRUE POINT OF BEGINNING. APN: 168-360-16-00 G:\161006\Encroachment Agreement\Exhibit A.docx Page 2 of 2 EXHIBIT "B" EAGREE 2017-0018 LEGAL DESCRIPTION OF EASEMENT THE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT FOR THE PURPOSE OF WATER FACILITIES RECORDED JUNE 3, 2010 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AS FILE NO. 2010-0278554 OF OFFICIAL RECORDS. G:\161006\Encroachment Agreement\Exhibit B.docx Page 1 of 1 REQUESTED BY: CASA ALOEA CARLSBAD, LP. 6102 GUllSTRANO ST. SAN DIEGO, CA 92122 EXHIBIT 'C' WATER EASEMENT IN FA J,VR OF CARLSBAD MIJNlaPAL WATER DISTRICT REC. JIJNE i 2010 AS DOC. 2010-0218554, QR. SEE SHEET 2 FOR DETAIL ---- ------- PARCEL 'A' CERT. OF COMPLIANCE 2010-0225511, O.R. ------------., -----., --__.,,.,.,. LEGEND - - - -BOUNDARY LIN£ ---LOT LINE ----ENCROACHMENT AREA ENCROACHMENT AGREEMENT CITY OF CARLSBAD \ \ SCALE: 1 • = 200' REQUESTED BY: DATE: AUG 25, 2017 O'/JA Y CONSULTANTS 2710 LOKER Av£ WEST SUITE 100 CARLSBAD, CA 92010 (160) 931-7700 SEE DWG 500-8A SHEET 1 OF 2 SHEETS ON FILE WITH A.P.N. 168-360-16 CITY FOR DETAILS EAGREE 2017-0018 M.S. 15-12 G: 161006 1606AP-ENCR0Aa-t.dwg Nov 09, 2017 J: 06pm Xrefs: 1606 AP; 16067UTL; 1606AGRO; 1606AUll; 1606TP01 . . CONNECT TO EX/Sl INSTALL 90" BENO - -- EXHIBIT 'C' \ ----------EX/Sl a• STEEl/f'VC WATER ----t--PER OHG 466-8 ,.,.,~- -------------_____ ___, .. ---WATER EASEMENT IN FAVOR OF -- CARLSBAD MUNICIPAL WATER DISTRICT REC. JJNE ~ 2010 AS DOC. 2010-0278554, O.R. \ .. [X. WALL _ ..... ·-_ --_ .··· --- RETAINING W'f--02 PER soRSD ' ss'Y a· PVC ro'o.o.c. v. A 6• CURB PER\ soRSD G-Ot \ ---REUO'.-f: PORTION OF EX/Sl a• WA TEN, ENO CAP t!' lB., ct F.H. ---- \ \ - SCALE: 1• = 10' REQUESTED BY: CASA ALDEA CARLSBAD, LP. 6102 GULLSTRANO ST. SAN DIEGO, CA 92122 ENCROACHMENT AGREEMENT CITY OF CARLSBAD REQUESTED BY: O'/JA Y CONSULTANTS 2710 LOKER A~ WEST SUITE 100 CARLSBAD, CA 92010 (760) 931-7700 SEE DWG 500-8A ON FILE WITH CITY FOR DETAILS EAGREE 2017-0018 G: 161006 1606AP-ENCR0AOi.dwg Nov 09, 2017 3:05pm Xrefs: 1606 AP; 16067\Jll; 1606AGRD; 1606AUTl; 16061?01 DATE: AUG 25, 2017 SHEET 2 OF 2 SHEETS A.P.N. 168-360-16 M.S. 15-12