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Home My WebLink AboutSDP 2021-0029; LOTS 21 & 22 OWNER (DE) LLC; 2024-0269668; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2024-0269668 111111111111 lllll 111111111111111 lllll lllll lllll 11111111111111111111111 Oct 07, 2024 10:48 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (S82 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-23; 209-120-27 PROJECT ID: SOP 2021-0029 PROJECT NAME: IONIS LOTS 21 & 22 PERMIT ID: EAGREE2023-0015 RELATED PERMIT ID: GR2022-0049, GR2023-0016, GR2023-0009 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and LOTS 21 & 22 OWNER (DE) 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 Lots 21 and 22 of Map 16145 within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 209-120-23 and 209-120-27, 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 property owned by Owner and certain other owners for public street and public utility purposes 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 a pedestrian bridge to be constructed, reconstructed, operated, maintained, repaired and used in a portion of the easement, provided all required City permits have been obtained. 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 Owner and its successors in interest; provided, however, that Owner does not have an affirmative obligation to build such encroachment and 1 O:ICED\LandDev\PROJECTSISDPISDP 21\SDP2021-0029 lonis-Lots 21&22 -Fine\Encroachment Agreements\ENCROACHMENT AGMT EAGREE2023-0015.doc 9/5/2014 1609705275.5 may, at its sole discretion, remove or cause the encroachment to be removed at any time, provided all required City permits have been obtained. (B) Owner shall agree at all times to indemnify and hold City 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. Notwithstanding the foregoing, Owner shall have no liability for claims, or obligations under this paragraph, resulting exclusively from the gr-ass negligence or willful misconduct of City or any of its employees, agents, contractors, subcontractors or other representatives. (C) Owner must remove or relocate any part of the encroachment within 120 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 City with respect to the easement shall remain and continue in full force and effect. (E) Owner shall maintain a policy of commercial general liability insurance in an amount of at least five million dollars ($5,000 ,000) naming City as an additional insured in order to protect City from any potential claims for which Owner may be required to indemnify City under this Agreement. 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 City: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to Owner: Lots 21 & 22 Owner (DE) LLC 450 Park Avenue 9th Floor New York, NY 10022 which addresses may be changed from time to time by providing notice to the other party in the manner described above. ·2 Q:\CED\LandDev\PROJECTS\SDP\SDP 21\SDP2021-0029 lonis-Lots 21&22 -Fine\Encroachment Agreements\ENCROACHMENT AGMT EAGREE2023-0015.doc 9/5/2014 1609705275.6 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 writi ng and shall not be a waiver of any other default concerning the sa me or any other provision of the Agreement. 7. Successors and Assigns. This Ag reement 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. [Signatures on Following Pages.] 3 Q:\CED\LandDev\PROJECTS\SDP\SDP 21\SDP2021-0029 lonis-Lots 21&22 -Fine\Encroachment Agreements\ENCROACHMENT AGMT EAGREE2023-0015.doc 9/5/2014 1609705275 6 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this ?.'2.. day of fs'.,$s>'\'t"' , 20~. OWNER: Lots 21 & 22 Owner (DE) LLC, a Delaw y By : ----------------(Sign Here) l..-c;\,V..YQ'\. ~\ ~ (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney enior Assistant City Attorney City of Carlsbad 4 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engineeri M nager Q:\CED\LandDev\PROJECTS\SDP\SDP 21\SDP2021-0029 lonis-Lots 21&22 -Fine\Encroachment Agreements\ENCROACHMENT AGMT EAGREE2023-0015.doc 9/5/2014 1609705275.6 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 whkh this certificate ls attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of ► frrt.,!c .. :c,J vCJ On fu-'J~ t P: I /kJJ-i-f before me,J)':)'v~ 0't-4--. tJ b t"" ""':J ?cJ. Ii 0 Dote I _ __ . \;-.r Here Insert Ndme and Title of the Officer personally appeared ~ f-"'lc-l-t-Se. __... Name(s) of Signer(s) -who proved to me on the basis of satisfactory evidence to be the person(s) whose nome(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(lcs), and that by his/her/their slgnaturc(s) on the Instrument the person(s}, or the entity upon behalf of which the person(s) acted, executed the Instrument. DAYVED BLACK COMM. #2374469 z Notary Public • California 2l San Mateo County ... M Comm. E ires Se . 9 2025 Place Notary Seal and/or Stomp 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. Signature ---~-....1---JF--c7'------- Signoture 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 _________________________ _ DocumentDate: ____________________ Numbcrof Pages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ □ Corporate Officer -Tltlc(s): ______ _ □ Partner -□ Limited □ General Signer's Name: ___________ _ □ Corporate, Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Individual □ Attorney In Fact □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 5 Q:\CED\LandDev\PROJECTS\SDP\SDP 21\SDP2021-0029 lonis-Lots 21&22 -Fine\Encroachment Agreements\ENCROACHMENT AGMT EAGREE2023-0015.doc 9/5/2014 I 609705275.6 ACKNOWLEDGMENT 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 SAN DIEGO on October 2, 2024 before me, AMBER DAN, NOTARY PUBLIC (insert name and title of the officer) personally appeared _J_a_s_on_S_. _G_e_ld_e_rt ___________________ _ 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 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. Signatu~ (Seal) EXHIBIT "A" £AGREE 2023-015 PROPERTY LEGAL DESCRIPTION LOTS 21 AND 22 OF CARLSBAD TRACT NO CT 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON OCTOBER 16, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. -,4--w.~~~~W~-~~ W LANG, RCE 68\.f DATE: PASCO LAREY SUITER & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM 10/12/23 SDP2021 -0029 EAGREE PLSA JOB NO. 3925 2023-015 ENCROACHMENT AGREEMENT SHEET 1 OF 1 -----------------------------~--~-- EXHIBIT "B" £AGREE 2023-015 WHIPTAIL LOOP RIGHT-OF-WAY LEGAL DESCRIPTION PORTION OF A 72-FOOT WIDE PUBLIC STREET & PUBLIC UTILITY EASEMENT, ACCORDING TO MAP THEREOF NO. 16145, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON OCTOBER 13, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. PASCO LAREY SUITER & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM SDP2021-0029 EAGREE PLSA JOB NO. 3925 2023-015 ENCROACHMENT AGREEMENT SHEET 1 OF 1 EXHIBIT "c" £AGREE 2023-015 VICINITY MAP CITY OF OCEANSIDE NOT TO SCALE 18 PACIFIC OCEAN NOTE REFER TO DWG NO. 540-7 ON FILE WITH THE CITY OF CARLSBAD FOR ADDITIONAL DETAILS. APN 209-120-23 209-120-27 DATE.: PASCO LAREY SUITER & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM CITY OF APPLICANT PASCO LARET SUITER & ASSOC. 119 ABERDEEN DRIVE CARDIFF, CA 92007 (858) 259-8212 LANG, RCE 68 0/12/23 SDP2021-0029 EAGREE PLSA JOB NO. 3925 2023-015 Y OF N MARCOS OWNER IONIS PHARMACEUTICALS, INC. 2855 GAZELLE COURT CARLSBAD, CA 92010 (760) 603-2562 ENCROACHMENT AGREEMENT SHEET 1 OF 2 EXHIBIT "C" £AGREE 2023-015 "' • •_:..;--·J 0 ✓?; \ \'/ \ . t:-" . . ·/ .·;\. 1/< / ~ •. I --L ~~----., / '-._, OT22 L 16145 MAP ,~ _/ >~l / • ' I ·4.~ 'i •' / 1/ > ~ \. i ·y-✓ ,· .-- / ~.,,,,.,.,, y PRIV, PEDESTRIAN BR/, ENCROACHM .F~ r,.,· .., / / ~? /~ ~ ./ / /,. ~ \ \ LOT21 MAP16U5 -.-;:1/' -.,;,,.. :,.~ / \ 0 \1 ~tJ, \,clf ~ ...___ ~ ---· r::ifW _ _,,.... ,fl -• -------· :,;.._.:::-~---------~-- --------- :r ~/ ,/.:,1°1 • ~ - Ml ✓-:,· -~ f\l ,. PARCEL 1 MAP21705 -~\\' I /~---\ \_ / PR/VA TE IMPROVEMENT ENCROACHMENT LEGEND IMPROVEMENT SYMBOL PUBLIC RIGHT-OF-WAY PUBLIC RIGHT-OF-WAY CENTERLINE PASCO LAREY SUITER & ASSOC IA TES I I PH. 858.259.8212 I PLSAENGINEERING.COM PLSA JOB NO. 3925 SCALE: 1 "=40' SDP2021-0029 EAGREE 2023-015 40' 0 40' ~ ~ GRAPHIC SCALE: 1 "=40' ENCROACHMENT AGREEMEN T SHEET 2 OF 2