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HomeMy WebLinkAboutCD 2020-0021; Mararisk Carlsbad LLC; 2021-0349461; Encroachment AgreementDOC# 2021-0349461 I II I HIlt 11111 11111 NI 111111 1111 1 11111 11111 11111 11111 111 1111 liii May 06, 2021 11:41 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $53.00 (SB2 Atkins: $0.00) RECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: PAGES: 14 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: 212-130-45 CD2020-0021 THERMO FISHER EAGEE2021-0004 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 Mararisk Carlsbad LLC, a Delaware 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 5791 Van Allen Way in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 212-130-45, 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 private storm drain facilities, ribbon gutter, various conduit and sewer pipe 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 1 01125113 (1) loss or damages to property and (2) injury to or death of persons. (C)The Owner must remove and replace or relocate any part of the encroachment within ten (10) business days after its receipt of written notice from the District (or such other time as specified in the notice from the District that is no less than 10 business days from the Owner's receipt of such notice and is reasonably scheduled with the Owner (and its tenant, if any)). If the Owner fails to timely complete such removal and replacement or relocation, then the District may cause such work to be done at the Owner's cost and, should the Owner fail to reimburse the District for the reasonable cost thereof within fifteen (15) business days after the Owner's receipt of a written invoice therefor, the District shall be permitted to record a lien upon the property to secure payment of such cost. (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: Public Works Director Attn: Geoff Fortuna Carlsbad Municipal Water District Thermo Fisher 5950 El Camino Real 5791 Van Allen Way Carlsbad, CA 92008 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 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 01/25/13 3 01/25/13 such signature(s) thereby bind such party. III Lk_ John W. eneral Partner IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this day of , 203-1,. OWNER MARAR1SK CARLSBAD, LLC, a Delaware limited liability company By: Mararisk, LLP, a Washington limited liability partnership, its Sole Member By: Robert C. Penney, its Partner By: UFE Investments Limited Partnership, a Washington limited partnership. its Partner By: SEE PPre,.S Wes. C. Uhlman, its General Partner DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ GOMEZ, Deputy City Manager Public Works Branch )7,1, RCE 437/5 Exp. 6/30/2021 APPROVED AS TO FORM: CELIA BREWER City Attorney By: 0 I RON KEMP Assistant City Attorney 4 01/25/13 ELISSA TO VAR Notary Public - California San Diego County Commission * 2323282 My Comm. Expires Mar 8, 2024 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: 0 Corporate Officer — Title(s): O Partner — 0 Limited In General O Individual El Attorney in Fact O Trustee EI Guardian or Conservator 13 Other: Signer is Representing: Signer's Name: CI Corporate Officer — Title(s): O Partner — ID Limited 0 General o Individual 0 Attorney in Fact o Trustee 0 Guardian or Conservator O Other: Signer is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 re8c&898.s8,28carge3{€,Vie: TLVel5W6-3a..LC*: 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 ,c CL4ek -1--cNicuti ND-tat( -‘f PL) 6C.., Here Insert Name and Title of the Officer p ot ,7 (ne 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. On lokr-A S ; '2-Ol before me, Date personally appeared 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 Place Notary Seal and/or Stamp Above ignature of Notary Public PIE .43-zr 02018 National Notary Association PAC ce lcZ IN WITNESS WHEif OF, these parties hereto have executed this Agreement on this 1-9 A--ti day of yikaLCAA , 20 . OWNER MARAR1SK CARLSBAD, LLC, a Delaware limited liability company By: Mararisk, LLP, a Washington Frnited liability partnership, its Sole Member By: SEE PACCe Robert C. Penney, its Partner DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ GOMEZ, Deputy City Manager Public Works Branch SCZ PAet.e 1 By: UFE Investments Limited Partnership, a Washin*n limited pArtnership, its Partner By: Wes. C. Uhlman, its General Partner -- By: 55c rfAe,e John VV. Flynn, its Gmeral Partner RCE 43775 Exp. 6/30/2021 APPROVED AS TO FORM: CELIA BREWER City Attorney By: Sf.73E r,oreie RON KEMP Assistant City Attorney 4 01/25/13 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 Riverside on Marchrbi 2(r)-( Date Here Insert Name and Title of the Officer personally appeared ohn v)..117-(ynn 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. MELISSA H. ALWARD Notary Public - California Riverside County Commission if 2308920 My Comm. Expires Nov 12, 2023 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. before me, Melissa H. Alward, Notary Public Place Notary Seal and/or Stamp Above Signature of Notary Public 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 Encroaorhef\+' reemen-i- Document Date: orp a(e ) (anzi Pober-I- (1. Penney Number of Pages' Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): O Partner — ID Limited 0 General O Individual 0 Attorney in Fact El Trustee 0 Guardian or Conservator o Other: Signer is Representing: Signer's Name: OCorporate 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: ©2019 National Notary Association Signatu (kiNfatiociAc} Place Notary Seal and/or Stamp Above Signature of Notary Public 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: Encroachmen+ A9ree..(rneilf- Document Date: Marah •=g61 Qoa( Number of Pages: Signer(s) Other Than Named Above: ..)nha •P[\,/ r\ Capacity(les) Claimed by Signer(s) Signer's Name: 0 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 O 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 Riverside On Moroi-NOG°, c.c)D,c before me, Melissa H. Alward, Notary Public Date Here Insert Name and Title of the Officer Rober+ a ePenneN Name(s) of Signer(s) personally appeared 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. MELISSA H. ALWARD Notary Public - California Riverside County Commission # 2308920 My Comm. Expires Nov 12, 2023 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. ©2019 National Notary Association eikk+FEN4MA ACKNOWLEDGMENT CIVIL CODE § 1189 VitamstietratootteitAt!mat4i ttritniAiWrus&tkPA*0.000 614.40,10001tAMINMAttetitiotiaireltforatarfirectweesioota ; A notary public or otherofficm com pieting this certificate verifies only thokientity cf the individual who signed the document to which this certificate is attached , arid riot the-truthfulness, accuracy, orvalidity of that document. State of.emlifornis LIAFt141-1,-)L'121 County of On ts-itiq1A-**- - In—I before me 0 Dote Here hnort flame and Tide of the Officer personally appeared 1A1 (AVI Nametsi 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 instrume:nt and acknowledged to me that he/she/they 0140Cuted the same in his/her/their authorized capacityfik?Vd that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf otetI t ':-: P/N.141(k) acted; executed the instrument, I. ' $1194.0:1% 2. 1. 8 ,tiN \AOTARy to •.; •PuBLIG u, °so* itiff • 0, .•. * Ni‘ "A? T. ' ; t , i lk Op 1m qs\. 4. ' certify under PENALTY OF P zRJURY under the laws of the State of — e44at the foregoing paragraph is true ono correct WITNESS my hand and official seal, 14 Signatur e Ty Pkice NobeikVANCO:giomp Above Signature of Notary Pubk OPTIONAL C-Dmpleting this information con deter alteration of the document or i'coirduient rz_naftechment of this form to an unintended document Description of Attached Document Title or Type of Document; Document Date: Signers) Other Then Named Above: Numberof Pages: Signer's Nolte: 0 Corporate Officer — Titie(s): . 0 Partner 0 tjrnited 0 General Tru 0 0 O ln i c t i , 1:i r d : oar 0'stee o Guardian to or Conservar 0 Attorney in pact Signer is Representng: Signer is Representing: Crapeclty(ks) Claimed by Signer(s) Signer's Name: „ ,,,,, Li Corporate Officer Title(s): O Partner — 0 Lin- ited 0 General O Individual 0 Attorney in Fact .0 Trustee 0 Guardian or Conservator 0 Other: WaftefORMAW.I#KPWE C:31iRtWPW.W4.31k:**ellnetMfgetiarktiaMtiiitY : 2019 Natiormi Notary Association 5 01/25/13 EXHIBIT A: PROJECT LEGAL DESCRIPTION EAGREE 2021-0004 PROPERTY: 5791 VAN ALLEN WAY, CARLSBAD, CA 92008 APN: 212-130-45-00 PARCEL 2 OF PARCEL MAP NO. 17971, IN THE CITY OF CARLSBAD, COUNTY OF SAN DEIGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTYRECORDER OF SAN DIEGO COUNTY, DECEMBER 24, 1997 AS INSTRUMENT NO. 1997-0656621 OF OFFICIAL RECORDS TOGETHER WITH THAT PORTION OF VAN ALLEN WAY, WHICH WOULD PASS BY OPERATION OF LAW WITH THE FEE CONVEYANCE OF SAID LAND, SAID PORTION OF VAN ALLEN WAY HAVING BEEN VACATED BY THAT CERTAIN RESOLUTION NO. 2013-157 RECORDED NOVEMBER 8, 2013 AS INSTRUMENT NO. 2013-0666597 OF OFFICIAL RECORDS. EXHIBIT B EAGREE2021-0004 AN EASEMENT IN FAVOR OF THE CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, RECORDED IN THE CITY OF CARLSBAD, COUNTY OF SAN DI EGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 8, 1998 AS INSTRUMENT NO. 1998-0198386 OF OFFICIAL RECORDS. PROJECT ID: CD 2020-0021 PROJECT NAME: THERMO FISHER EAGREE 2021-0004 SHT. 1 OF 3 EXHIBIT C CITY OF OCEANSIDE HIGHWAY 78 VICINITY MAP SCALE: N. T .S. CITY OF VISTA PACIFIC OCEAN o CITY OF SAN MARCOS 4 / KEY MAP SCALE: 1" =150' 150 75 0 150 .%er.....=1 SCALE: 1" =150 ' N54"09'07" 479.82' NOTE: SEE DWG 358-46 FOR FURTHER DETAIL 5791 VAN ALLEN WAY PARCEL 2 PARCEL MAP NO. 17971 .AF'N: 212-130-45 EXHIBIT C BP 241.35-2" N2, 02 DCW, CO2, 1/2" IA TP ?40.34-8 1.0 CLR A/ BP 239.578" W TP p8.57-(2)12 CW 1.0 CLR1] &ENCROACHMENT: PVT. 4" STORM DRAIN CONNECTION (33 ENCROACHMENT: 2-PVT. 12" CHILLED WATER (CW) ®ENCROACHMENT: PVT. 2" NITROGEN (N2), 1/2" INSTRUMENT AIR SUPPLY (IA), 2" CARBON DIOXIDE (CO2), 2" OXYGEN (02), 2" POTABLE WATER (DCW) PIPES (DENCROACHMENT: 3-PVT. 1" ELECTRICAL CONDUIT (E) 30 15 0 OP ENCROACHMENT: PVT. 2" FORCE MAIN SEWER (S) SCALE 1"=30' PROJECT ID: CD 2020-0021 PROJECT NAME: THERMO FISHER EAGREE 2021-0004 SHT. 2 OF 3 EX. 20' CMWD WATER EASEMENT PER DOC# 1998-0198386 DATE: 4/8/98 I A -4 EX. PUBLIC FH