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HomeMy WebLinkAboutCT 05-12; Ocean Street 8 Owner LLC; 2013-0598466; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carisbad, CA. 92008 DOCtt 2013-0598466 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIM^^^ OCT 02, 2013 11:21 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 0.00 PAGES: 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 203-010-12 and 203-010-15 PROJECTID: CT 05-12 PROJECT NAME: Ocean Street Residences RELATED PROJECT ID: PR 13-11 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 Ocean Street 8 Owner, LLC, a Delaware limited liability company, ("Owner"), in accordance with Chapter 11.16 of the Carisbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at 2303 Ocean Street, in the City of Carisbad, San Diego County, California, Assessor's Parcel Numbers 203-010-12 and 203-010-15, 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, private sewer, porous pavers, grass pavers, and plantable retaining wall with geogrid to remain in a portion of the public wateriine 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 01/25/13 (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: If to the Owner: City Engineer Ocean Street 8, Owner, LLC City of Carisbad 11750 Sorrento Valley Road, 1635 Faraday Avenue Suite 130 Carisbad CA 92008 San Diego, CA92121 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. /// /// /// 2 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this "70^ day of Au^6-t , 20 \^ . OWNER, Ocean Street 8 Owner, LLC, a DISTRICT, CARLSBAD MUNICIPAL Delaware limited liability company WATER DISTRICT, a public agency organized under the Municipal Water Act By: Zephyr Partners-Re, LLC, a California of 1911 limited liability company. Its Manager GLEN K. VAN PESKI, City Engineer (Sign Here) actinja^or District Brad Termini ^ X^nqgjpT (Print Name Here) ' ^ PLS 8801 Exp. 12/31/2014 By: (Sign Here) (Pnnt Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of 5^^^A t^\-t^^^r> On ^/M/(2a before me, (^^eodii^ f^^wirl^ N CsWt^f Puigtic^ , (Here insert name anfl title of the officer) ' 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 instmment the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) CECELIA FERNANDEZ Commitiiofl # 1996355 Notify PuMic • Californli San Diego County g My Comm. Expires Oct 30.20161 1 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /are) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vI2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } County of _ personally appeared "^XfA^ ^'^l^^YV^ ^ / : <— NaiTie(s) ot Signer(8) LINDSAY KIKO BONAR Commission # 1966326 I Notary Public r California San Diego County ^ ^ My Comm. Expires Jul 27.20161 wtio proved tome on the basis of satisfactory evidence to be ttie person^ whose namelj^ is/^ subscribed to the within Instrument and acknowledged to me that he/sijg/lh^ executed the same in hf^h$:«it% authorized capaclty(te^, and that by his/l)&»<Jieir signatureps^on the instrument the persojcB(S), or the entity upon behalf of which the persoofi^acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. Placa Notary Seal Abova WITNESS my hapd and official seal. Signature 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 ttiis form to another document. Description of Attached Document Title or Type of Document: Document Date: . ' Nunnber of Pages: Signer(s) Other Than Named Above: CapacityOes) Claimed by Signer^s) Signer's Name:. • Indivlduai • Corporate OfffcBr — Tille{s): • Partner— • Linnited • General • Attomey in Fact • Trustee • Guardian, or Conservator • Other: RIGHT THUMBPHIMT or SIGNER Top of thumb hwe Signer is Representing: Signer's Name: • Individual • Corporate Officer—Tltle(s): • Partner — • Limited • General • Attorney in Fact • TVustee • Guardian or Consen/ator • Other: '_ „ Signer Is Representing: _______ RIGHTTHUMBPRINT DF SICJMEF? Top of thumb here ©2007 N^naJ Notary Aasodalion* 9350 De Soto Ave., RaSot 2402 •Chal»*or9i, CA 91313-2402»wvw.NationallWaiyorg Hem #SS07 RsonJerCsdllbil-ftee 1-600-876-6827 01/25/13 EXHIBIT "A" PR 13-11 PROPERTY LEGAL DESCRIPTION A PORTION OF LOT 'A' OF GRANVILLE PARK UNIT NO. 2 ACCORDING TO MAP THEREOF NO. 2037 AND THAT PORTION OF LAGUNA DRIVE OF GRANVILLE PARK ADJACENT THERETO (VACATED BY RESOLUTION NO. 918 OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, RECORDED JULY 19, 1963 AS DOCUMENT NO. 126793. RECORDS OF SAN DIEGO COUNTY CALIFORNIA) ACCORDING TO MAP THEREOF NO. 1782, ALL IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND FILLED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Gregory A. Helmer, LS 5134 RBF Consulting 9755 Ciairemont Mesa Blvd San Diego, CA 92124 JN 55-100857 / 131150 EXHIBIT "B" PR 13-11 PUBLIC WATER EASEMENT LEGAL DESCRIPTION EASEMENT A; That portion of Lot "A" of Granville Park Unit No. 2, according to Map thereof No. 2037 in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of said San Diego County June 18, 1927 as file No. 36276 of Official Records, described as follows: COMMENCING at the Southerly terminus of that certain course on the Southerly line of Lot 3 of Map No. 11007 in the County of San Diego, State of California, filed in the office of the County Recorder of said San Diego County July 27, 1984 as file No. 84- 286096 of Official Records described as "North 86°45'06" East 560.04 feet" thence along said line North 86°44'20" East 314.71 feet; thence leaving said line South 03n5'40" East 3.33 feet to the TRUE POINT OF BEGINNING; thence Along a line parallel with and 3.33 feet southerly of said Southerly line South 86°44'20" West 250.26 feet; thence leaving said parallel line South 24*'2ri3" West 49.68 feet; thence South 3r53'16" West 136.25 feet; thence South 13°06'44" West 7.07 feet; thence South 31°53'16" East 118.44 feet to a point on the Northerly Right of Way line of Ocean Street as shown on said Map 11007, said point being the beginning of a non-tangent curve concave Southerly and having a radius of 190.00 feet, a radial bearing of said curve to said point bears North 04°48'47" East; thence along said curve and said Right of Way line Easterly 4.40 feet through a central angle of 0ri9'39" to a point of reverse curvature with a curve concave Northerly and having a radius of 587.95 feet, a radial bearing of said curve to said point bears South 06°08'26" West; thence along said curve Easterly 20.67 feet through a central angle of 02°00'51"; thence leaving said Right of Way line non-tangent North 31°53'16" West 125.27 feet; thence North 13''06'44" East 7.07 feet; thence North 3^53'16" West 133.84 feet; thence North 24''2ri3" East 26.89 feet; thence North 86°44'20" East 216.16 feet; thence South 03^5-40" East 4.24 feet; thence North 86°44'20" East 5.38 feet; thence North 03*'15'40" West 4.24 feet; thence North 86°44'20" East 8.11 feet; thence South 03°15'40" East 3.50 feet; thence North 86°44'20" East 8.53 feet; thence North 03°20'22" West 23.50 feet to the TRUE POINT OF BEGINNING. CONTAINING: 10,984 square feet or 0.252 acres more or less. EASEMENT B; Easement for water system, excavation and appurtenances thereto in favor of the City of Carlsbad, recorded May 19, 1964 as instrument No. 89987 and 89988. Gregory A. Helmer, LS 5134 RBF Consulting 9755 Ciairemont Mesa Blvd San Diego, CA 92124 JN 55-100857 / 131150 EXHIBIT "C PR 13-11 SHEET 1 OF 5 SEE SHEET 2 i u 3" PUBLIC WATER W- 20' PUBLIC WATER EASEMENT PRIVATE SEWER CONCRETE PAVEMENT BELGARD ECO-DUBLIN POROUS PAVERS RETAINING WALL EXHIBIT "C PR 13-11 SHEET 2 OF 5 SEE SHEET 3 SEE SHEET 1 Ll 8" PUBLIC WATER W- 20' PUBLIC WATER EASEMENT V/o PRIVATE SEWER CONCRETE PAVEMENT BELGARD ECO-DUBLIN POROUS PAVERS RETAINING WALL EXHIBIT "C PR 13-11 SHEET 3 OF 5 SEE SHEET 2 Ll 8" PUBLIC WATER W- 20' PUBLIC WATER EASEMENT ^IfJJjJJj^ PRIVATE STORM DRAIN ^ PRIVATE SEWER S— CONCRETE PAVEMENT BELGARD ECO-DUBLIN POROUS PAVERS GRASSPAVE2 FIRELANE PLANTABLE RETAINING WALL WITH GEOGRID U U X (/) UJ Ld 00 EXHIBIT "C PR 13-11 SHEET 4 OF 5 U U Jl Ul u u Ul Ll 8" PUBLIC WATER W- 17? 477/771 20 PUBLIC WATER EASEMENT V/o^ PRIVATE STORM DRAIN ^D^ PRIVATE SEWER S— CONCRETE PAVEMENT BELGARD ECO-DUBLIN POROUS PAVERS GRASSPAVE2 FIRELANE PLANTABLE RETAINING WALL WITH GEOGRID EXHIBIT "C PR 13-11 SHEET 5 OF 5 Li EX. 8" PUBLIC WATER -W- 10' PUBLIC WATER EASEMENT CONCRETE PAVEMENT BELGARD ECO-DUBLIN POROUS PAVERS CMU RETAINING WALL