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Home My WebLink AboutSDP 2020-0006; Eagle Drive Owner LLC; 2022-0246224; Encroachment Agreement7P 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. Carlsbad, CA. 920.QB DOC# 2022-0246224 111111111111 lllll 111111111111111 lllll lllll lllll lllll 111111111111111111 Jun 13, 2022 11 :24 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 221-015-08-00 -----------PROJECT ID: SOP 2020-0006 PROJECT NAME: Amazon Veh icle Storage RELATED PROJECT ID: EAGREE 2021-0022 RELATED PROJECT ID: ----------- 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 Eagle Drive Owner, 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 the northeast corner of Eagle Drive and Greyhawk Court in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 221-015-08-00, 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 private trench drain, curb, sidewalk, concrete and AC pavement 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 01/25/13 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: Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 If to the Owner: Eagle Drive Owner, LLC 444 S. Cedros Ave, Ste. 172 Solana Beach, CA 92075 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__ 17 day of D~".,,,,, , 202!.._. OWNER Eagle Drive Owner, LLC, a Delaware limited liability company By: t.....--I")_._.,( --------------(Sign Here) Beau Brand, Vice President (Print Name Here) By: --"'if_,q...="'""'"'"-11.,,,,...f-si-~ 2'-'-n 4~H-;--e-rf!------ Jerry Brand, Vice President (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorn By: RON KEMP 'Rc-Bl?lllo ,,.._. ~,rr(IE1-Aj Assistant City Attorney 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ GOMEZ, Deputy City Manager Public Works Branch 01/25/13 CALIFORNIA ACKNOWLEDGMENT uoououoouuu, CIVIL CODE § 1189 A notary publlc or otherofflcer completln~ this certificate verifies only the Identity or the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfornla ~ } County of .SM ~ On~\w \'l 282,l before me, 'D\-M.,Ndsoo/ NM~ ?~·\L- Dote I '2 Here Insert Name and TIiie of the Officer personally appeared vea...u... ~fU".O 0,-(14: iJ..e.-{<;j B-ro.tld. Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument end acknowledged to me that l)e7~/they executed the same In ~l)ir/lhelr authorized capacltY(les), and that by ~r/lhelr slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Place Notary Seo/ and/or Stamp Above I cerUfy 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 offfclal seal. OPTIONAL --t-+-------------, 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: ________________________ _ DocumentOate: ___________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: __________ _ Signer's Name: __________ _ a Corporate Officer -Tltle(s): ______ _ a Corporate orncer -Tltle(s): ______ _ a Partner -a Limited a General a Partner -a Limited a General a Individual a Attorney In Fact a Individual a Attorney In Fact a Trustee a Guardlon or Conservotor a Trustee a Guardlon or Conservator a Other: a Other: ____________ _ Signer Is ReprosenUng: ________ _ Signor Is Representing: ________ _ C,2019 National Notary Association 4 01/25/13 EXHIBIT "A" SDP2020-0006 EAGREE2021-0022 LEGAL OESCRIPTION TH£ LANO R£F£RR£0 TO fl£R£/N BELOW IS S/Tl/ATEO IN TH£ CITY OF CARLSBAD, COUNTY OF SAN O/£CO, STATE OF CALIFORNIA, ANO IS 0£SCR/B£0 AS FOLLOWS: PARCEL A AS SHOWN ON C£R17FICATE OF COilPL/ANC£ NO. 05-02 AS £V/0£NC£0 BY OOCUil£NT R£COR0£0 AUGUST 7, 2006 AS INS1RUil£NT NO. 2006-055734/ OF omCIAL R£COROS, B£/NC ilOR£ PARllCULARL Y 0£SCR/B£0 AS FOLLOWS: LO!S 6 ANO 7 OF CARLSBAD TRACT NO. 99-06, IN TH£ CITY OF CARLSBAD, COUNTY OF SAN 0!£CO, STATE OF CALIFORNIA, ACCORD/NC TO ilAP TH£R£0F NO. /48J!, FIL£0 IN TH£ OFFICE OF TH£ COUNTY R£CORO£R OF SAN O/£CO COUNTY, JUN£ 29, 200.f. £%C£P llNC TH£R£FROil ON£-f/ALF OF ALL il/N£RALS IN, ON OR UNO£R SA/0 LANO, AS R£S£RJ/£0 BY BURTON 0. fl/Cf/TOH'N£R, A WOOHER, IN TH£ 0££0 R£COR0£0 ilAY /9, /959 /N BOOK 7669, PAC£ J6! OF omCIAL R£COROS. EXCEL ENGINEERING LAND PU.NNINC •ENfHERING • SlJR',ft1NG 440 stAttPiAa; tsclRibo, CA 92029 PH 760 745-8118 FX 760 745-1890 DATE: 1/06/2022 A.P.N.: 221-015-08 VICINITY MAP CITY OF' OCEANSIDE ,., ENCROACHMENT AGREEMENT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 1 OF 1 EXHIBIT 'A' EXHIBIT "B" SDP2020-0006 EAGREE2021-0022 PER DOC. NO. 2022-0161600 REC. 04/13/2022 CNJtt) WA lER EASEMENT LEGAL {SOP2020-0006/PR202l-00005) 8£/NC A PORllON OF PARCEL A OF CERllRCAlE OF COAIPUANCE AOJ. 05-02 PER OOCtJVENT RECOROEO At/Ct/ST 7, 2006 AS INSlRtJVENT Na 2006-0557341 OF OFRC/AL RECOROS: IN !HE OFRCE OF !HE COtJNTY RECOROER OF SAN 0/EGO COUNTY, 8£/NC VORE PARllCtJLARLY OESCR/8£0 AS FOLLOHS; COAIVENC/NC AT A POINT ON !HE SOtllHHE"SlERL Y LINE OF SA/0 PARCEL, SA/0 POINT ALSO 8£/NC AT !HE NOR7HH£S1ERL y ENO OF Ct/Rrf" OF !HE EAST RICHT-OF-WA y OF EACLE OR/rt" AT !HE /NlERSECllON OF CREY HAHK COt/Rl; !HENCE ALONC SA/0 RIC/IT-OF-WAY NOR!H 45'55'22• HE"ST 21a79 FFET TO !HE BEG/NN/NC OF A 264.00 FOOT RAO/t/S Ct/Rrf" CONCAVING NORlHEASlERU; !HENCE NOR7HH£S1ERLY ALONC SA/0 CIJRrf" lHROtJCH A CENTRAL ANCLE OF 0070'33; AN ARC LENClH OF a81 FFET TO !HE lRtJE POINT OF BECINNINC !HENCE,· CONllNtJ/NC NOR7HH£S1ERLY ALONC SA/0 Ct/Rrf" lHROtJCH A CENTRAL ANGLE OF 08'05'26; AN ARC LENClH OF 37.28 FF£!; !HENCE, LEAVING SA/0 RIC/IT-OF WAY ON A NON-RAO/AL LINE NORTH 5128'59" EAST A 0/STANCE OF 17.12 FFET, !HENCE SOtllH 38:J/'(}f" EAST A 0/STANCE OF 37.19 FEET; !HENCE SOtllH 5128'59" HE"ST A 0/STANCE OF 15. 05 FEET TO !HE !Rt/£ POINT OF BEGINNING. CONTAIN/NC 614.57 S(){JARE FFET VORE OR LESS. EXCEL ENGINEERING IJJI) PWlliC •ENQflIRWC. S/.R',OWC #o stAtt JOa; m'daJo, CA 92029 PH 760 745-8118 FX 760 745-l!Jg) DATE: 1/6/2022 A.P.N.: 221-015-08 ENCROACHMENT AGREEMENT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SHEET 1 OF 1 EXHIBIT 181 LECENO PROPERTY BOUNDARY PROPOSED EASEMENT LIN£ PROPOSED EASEMENT AREA EXISTING EASEMENT LIN£ PROPOSED WATER LIN£ EXISTING WATER LIN£ EXHIBIT "C" SDP2020-0006 EAGREE2021 -0022 rz/uZ2l -w--w- w w DESCRIPTION OF ENCROACHMENT 8" PVC C-900 WATER (owe. 399-4 OELTA 4) REASONS FOR ENCROACHMENT CIIMJ ACCESS/l,IAINTFNANCE or PUBLIC 8" H'A TFR LINE 8"PVC C-900 WA TFR s (OWC. 399-4) r C-900 WA !ER (OWC. 399-4 -==------OEL TA 4) ----~ 1== -------------- ;:, -9.:::=-i -z- SCALE !" = /0' -i w--1w _ __l_ ---EACLE OR W I w ----0 5 /0 !5 20 PVT SURFACE IMPROVEMENTS SYMBOL O1.JANTITY EXCEL 4 11 AC 01£R 4.5" CLASS 2 BASE -OR/I-£ 7" PCC 01£R 7" CLASS 2 BASE -OR/VE 6 11 CURB 4" PCC SIDEWALK ENGINEERING LAND PI.AWNG •ENGNEERING • SVRITT1NG TRENCH ORAIN 440 STA 1t PlAa; tsa»Jooo, CA 92029 PH 760 745-8118 FX 760 745-1890 ENCROACHMENT AGREEMENT 60 SF 201 SF 26 LF '-----'-~-' ".:;_<1 __JI 112 SF 1111111111111111,11111111111111111111I 16 LF SHEET 1 OF 1 DATE: 1/06/2022 A.P .N.: 221-015-08 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA EXHIBIT 'C'