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HomeMy WebLinkAboutCT 03-02; Grand Pacific Carlsbad Hotel LP; 2007-0556802; Encroachment AgreementRecorded at the request of * Chicago Title RECORDING REQUEST BY CARLSBAD MUNICIPAL WATER DISTRICT AND WHEN RECORDED, PLEASE MAIL TO: District Secretary Carlsbad Municipal Water District 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENT TO: EXEMPT 9254 "ptip DOCtf 2007-0556802 AUG 21, 2007 2:59 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 RY J. S MIT H CO 0 N TY fi E CO R D E R FEES: 000 PAGES: 11 2007-0556802 Space above this line for Recorder's i ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY Assessor's Parcel No. 211-130-01-00 Project No. & Name CT 03-02 Carlsbad Ranch Planning Area 5 PR 07-57 This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT ("District"), and Grand Pacific Carlsbad Hotel, L.P., a California limited partnership, ("Owner"). 1. The Property. Owner is the owner of that certain real property located at Grand Pacific Drive, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-130-01-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property for waterline purposes 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 construct enhanced paving and a private storm drain. 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) loss of 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 9255 Engineer or the District Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property; and Owner shall provide a security bond in a mutually agreed upon amount equal to the estimated cost of the work of removing the encroachment for the term of the encroachment. (D) The Owner shall maintain a policy of liability insurance in an amount of at least one million dollars ($1,000,000) naming the District as an additional insured in order to protect the District from any potential claims which may arise from the encroachment. 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: Mark Stone, General Manager Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 If to the Owner: Tim Stripe Grand Pacific Carlsbad Hotel, L.P. 5900 Pasteur Court Ste 200 Carlsbad, California 92008 which addresses may be changed from time to time by providing notice to the party in the manner described above. 6. Waiver. District's consent to or approval of any act or omission by the 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 of Owner. Any waiver by District of any 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 deed to the property, but any failure to do so does not invalidate this provision. 9256 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 5 .. day of *"3 ^-V* , 2QQ1 . OWNER: Grand Pacific Carlsbad Hotel, L.P., a Delaware limited partnership By: Grand Pacific Carlsbad Hotel, Inc., a California corporation, it's General Partner (sign here) 6.Co- DISTRICT: €ARLSBAD MUNICIPAL WATER DISTRICT /^' Raymond R. PatchettTE^eey^ye Manager Carlsbad Municipal Water DisfricS^^ ATTEST: LORRAINE M. WOOD, Secretary (title of signatory) APPROVED AS TO FORM: RONALD R. BALL, General Counsel (Notarial acknowledgement of execution of Owner must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute the instrument.) 9257 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 5 *" day of "SvA-Sv , 20 el . OWNER: Grand Pacific Carlsbad Hotel, L.P., a Delaware limited partnership By: >6rand Pacific Carlsbad Hotel, Inc., a California corporation, it's General Partner By: By: (name of owner) (title of signatory) (sign here) DISTRICT: CARLSBAD MUNICIPAL WATER DISTRICT By:' :aym<fisd R. Patchett7 Executive Manager LORRAINE M/WQpD, Secretary Board of Directors (title of signatory) APPROVED AS TO FORM: RONALD R. BALL, General Counsel \ (Notarial acknowledgement of execution of Owner must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute the instrument.) 9258 ACKNOWLEDGMENT State of California ) ) ss County of San Diego ) On June 27. 2007. before me, Diane M. Proulx. a Notary Public, personally appeared Timothy J. Stripe, personally known to me (or proved to be on the basis of satisfactory evidence) to be the person^s) whose name{s) is/arc subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity^es), and that by his/her/their signature-(s) on the instrument the person-(s), or the entity upon behalf of which the person^) acted, executed the instrument. Seal WITNESS my hand and official seal: Signature OMNEM. I Commtetofi * 1691570 Notary PuMc - Cottomta tan Dtogo County MyComm.ExplmMarU.201C 9259 ACKNOWLEDGMENT State of California ) )ss County of San Diego ) On July 5. 2007. before me, Elizabeth S. Quinette. a Notary Public, personally appeared David S. Brown, personally known to me (or proved to be on the basis of satisfactory evidence) to be the person(s) whose namefs) is/arc subscribed to the within instrument and acknowledged to me that hc/ahc/thcy executed the same in his/her/their authorized capacity^es), and diat by his/her/their signature^) on the instrument the person(s}, or the entity upon behalf of which the person-(s) acted, executed the instrument. Seal WITNESS my hand and official seal: Signa fUZMCTHlQUMETTf Commmton # 1670690 Public • CoHfomta Son Dtogo County 9260 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On V/'- f Date personally appeared before me, }. Name and Titlajjnofficer (e.g., "Jane Doe, Notary Rpblic'V H- Name(s) of Signer(s) SHERRY A. FREISINGER CommiMton 0 1727064 Notary Public - CoHfornia | San Diego County I Place Notary Seal Above 0"|5ersonally known to me D (or proved to me on the basis of satisfactory evidence) to be the person^fwhose namej^fis/afe/'subscribed to the within instrument and acknowledged to me that he/sJpreTtrjey executed the same in his/b#f7thetf authorized capacityCiek), and that by his/tyef/trjeff signature(s) on the instrument the person^ or the entity upon behalf of which the person^ acted, executed the instrument. WITNESS my Signatu 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:<l J~ Document Date:1-6- 07 Signer(s) Other Than Named Above: rYU - S*36-Ot- O& Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General d Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHT THUMBPRINT OF SIGNER Top of thumb here © 2006 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 v609 Reorder: Call Toll-Free 1-800-876-6827 9261 EXHIBIT <A' PR07-57 LEGAL DESCRIPTION A.P.N. 211-130-01 PARCEL A OF CARLSBAD ADJUSTMENT PLAT NO. ADJ 06-18, ACCORDING TO A CERTIFICATE OF COMPLIANCE, FILED IN THE OFFICE OF THE COUNTY RECORDER, ON OCTOBER 6, 2006, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NUMBER 2006-0714868. 9262 EXHIBIT 6B' PR07-57 LEGAL DESCRIPTION WATERLINE EASEMENT PER PR 07-30 A.P.N. 211-130-01 THAT PORTION OF PARCEL A OF ADJ 06-18 AS SHOWN ON CITY OF CARLSBAD CERTIFICATE OF COMPLIANCE NO. CE 060033, RECORDED OCTOBER 6, 2006 AS DOC. NO. 2006-0714868 OF OFFICIAL RECORDS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 A 20.00 FOOT WIDE EASEMENT, THE SIDELINES OF SAID EASEMENT LYING 10.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE MOST WESTERLY CORNER OF SAID PARCEL A AS SHOWN ON CITY OF CARLSBAD ADJUSTMENT PLAT ADJ 06-18, SAID POINT ALSO LYING ON A 522.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, A RADIAL TO SAID POINT BEARS NORTH 40°20'21" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE WESTERLY LINE OF SAID PARCEL A THROUGH A CENTRAL ANGLE OF 24°24'34", AN ARC LENGTH OF 222.38 FEET TO THE BEGINNING OF A 353.00 FOOT RADIUS REVERSE CURVE, CONCAVE NORTHEASTERLY, A RADIAL TO SAID POINT BEARS SOUTH 64°44'55" WEST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 15°35'49", AN ARC LENGTH OF 96.09 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS SOUTH 49°09'06" WEST; THENCE LEAVING SAID WESTERLY LINE OF PARCEL A NORTH 49°09'02" EAST A DISTANCE OF 89.17 FEET; THENCE NORTH 10°05'59" EAST A DISTANCE OF 128.02 FEET; THENCE NORTH 36°58'55" EAST A DISTANCE OF 21.31 FEET; THENCE NORTH 59°28'55" EAST A DISTANCE OF 62.59 FEET; THENCE NORTH 81°58'55" EAST A DISTANCE OF 34.80 FEET; THENCE SOUTH 75°31'05" EAST A DISTANCE OF 61.89 FEET; THENCE SOUTH 08°01'05" EAST A DISTANCE OF 109.31 FEET; THENCE SOUTH 26°31'05" EAST A DISTANCE OF 67.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE CONTINUING SOUTH 26°31'05" EAST A DISTANCE OF 13.44 FEET; THENCE SOUTH 18°29'48" EAST A DISTANCE OF 56.92 FEET; THENCE SOUTH 40°01'57" 9263 EAST A DISTANCE OF 39.20 FEET; THENCE SOUTH 30°31'05" EAST A DISTANCE OF 36.24 FEET TO A POINT ON THE CENTERLINE OF AN EXISTING 20.00 FOOT WIDE PUBLIC UTILITY EASEMENT DEDICATED TO THE CITY OF CARLSBAD AS SHOWN ON MAP NO. 15332, RECORDED MAY 3, 2006 AS FILE NO. 2006-0311804, FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND THE END THEREOF. THE SIDELINES OF SAID EASEMENT TO BE PROLONGATED OR SHORTENED TO TERMINATE AT SAID WESTERLY LINE OF PARCEL A. PARCEL 2 A 10.00 FOOT WIDE EASEMENT, THE SIDELINES OF SAID EASEMENT LYING 5.00 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT SAID POINT "A"; THENCE NORTH 59°48'47" EAST A DISTANCE OF 15.61 FEET TO THE END THEREOF. EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1. SAID PARCELS 1 AND 2 CONTAIN A TOTAL OF 14,459.70 SQUARE FEET.