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HomeMy WebLinkAboutCUP 05-28; Bressi Ranch Storage LLC; 2008-0373209; Encroachment AgreementRECORDING REQUEST BY CITY OF CARLSBAD AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENT TO: EXEMPT iof DQC# 2008-0373209 JUL11,2008 3:32 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ SMITH,COUNTY RECORDER FEES: 36.00 PAGES:10 Space above this line for Recorder's use. ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY Assessor's Parcel No. 213-261-05-00 Project No. & Name CUP 05-28 Bressi Ranch Self Storage PR 07-79 This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT ("District"), and VPI BRESSI STORAGE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ("Owner"). 1. The Property. Owner is the owner of that certain real property located at LOT 14 OF CT 02-15, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-261-05-00, 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 AND ACCESS 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 DRAINS, PAVEMENT, and CURBS AND GUTTERS TO REMAIN IN A PORTION OF THE WATERLINE AND ACCESS 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: H:/Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev. 06/14/95 (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 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. (E) 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, Deputy Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 If to the Owner: Bret Gossett 8910 University Center Dr Ste 630 San Diego CA 92122 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 H:/Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev.06/14/95 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. 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 / / IL day of ., 2067 . OWNER: VPI BRESSI STORAGE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (name of owner By: ^—J (sign here) Bret Gossett, Manager Name & title of signatory) By: DISTRICT: CARLSBAD MUhillCI By: _ £*&:-, LISt RICT ," EXECUTIVE MANAGER ATTEST: By: LCfRAINH M. WOOD, Secretary ' Board of Directors (sign here) (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.) H:/Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev.06/14/95 State of California County of San Diego ) On \O\\\\crr before me, (Date) personally appeared xv , ti V (Name, Title of Officer) (NamejXf of Signer^) _$ personally known to me -OR — .(proved to me on the basis of satisfactory evidence) to be the personJXf whose namej^sf j^are" subscribed to the within instrument and acknowledged to me thatCh^she/they executed the same in^hjjyher/thoir authorized capacity(ies7, and that by (^s^ter/their signature^ on the instrument the person^, or entity upon behalf of which the person^sj acted, executed the instrument. WITNESS my hand and official seal . Signature of Notary i_ JQi Commtetton # 16336 Nrtwy Pubic - CoMoi San Otogo County (This area for official notary seal) Title or Type of Document ELx~y x~tGjf^<~vfvex^A- AscK^r-rer-A— Date of Document V\C5oe_ ^ No. of Pages ^ Signer(s) other than named above Tp^v. \.tv-ooA "~V^\rV^A-V 1 (^snnQ\r>e V.|rTxA } "V^carv^J^ TL~-XTLNv\ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On -' i J<oo£ before me, personally appeared Here Insert Name a ru nd Titfe of the Officer Name(s) of Signer(s) TiBli I. ROWLEY Commlwton* 1773M4 NotoryfubNCrCoHfomta { Son Dl«go County 1 Place Notary Seal Above 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/jjerrtjaerr'authorized capacityQes^ and that by his/jjsft'theif signature^ on the instrument the person(s)r or the entity upon behalf of which the person^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. WITNESS my hand 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 this form to another document. Description of Attached Document Title or Type of Document: Document Date:( Signer(s) Other Than Named Above: Number of Pages: 5* 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: RIGHT THUMBPRINT OF SIGNER I Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — CH Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Tijp of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O.Box 2402-Chatsworth,CA 91313-2402-www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1-800-876-6827 JULY 30, 2006 J.N. 06-1180-01 EXHIBIT "A" LEGAL DESCRIPTION PR, 01 LOT 14 OF CARLSBAD TRACT NO. 02-15, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 4, 2005 AS FILE NO. 2005-0096673. O:\Legal_Descriptions\061180\Lot_14.lgl.doc JULY 30, 2007 J.N. 061180 PAGE 1 OF 2 EXHIBIT "B" LEGAL DESCRIPTION PF. 01 - A PORTION OF LOT 14 OF CARLSBAD TRACT NO. 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 4, 2005 AS FILE NO. 2005-0096673, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : PARCEL (A' PARCEL ' 1' BEGINNING AT THE EASTERLY SOUTHEAST CORNER OF SAID LOT 14, SAID BEGINNING BEING A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF CAMPBELL PLACE AS DEFINED BY SAID MAP NO. 14960; THENCE, ALONG SAID RIGHT-OF-WAY LINE, NORTH 71°16'13" WEST 4.65 FEET TO THE BEGINNING OF A TANGENT 60.00-FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11°58'07" A DISTANCE OF 12.53 FEET TO THE TRUE POINT OF BEGINNING, A RADIAL TO SAID POINT BEARS NORTH 06°45'40" EAST; THENCE CONTINUING WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°12'43" A DISTANCE OF 20.12 FEET TO A POINT TO WHICH A RADIAL BEARS NORTH 12°27'03" WEST; THENCE, LEAVING NON-TANGENT TO SAID RIGHT-OF-WAY CURVE, NORTH 00°00'00" EAST 5.48 FEET; THENCE NORTH 45°00'00" WEST 1.71 FEET; THENCE NORTH 90°00'00" WEST 9.84 FEET; THENCE SOUTH 44°49'46" WEST 9.99 FEET TO POINT 'A'; THENCE SOUTH 44°49'46" WEST 8.32 FEET; THENCE NORTH 90°00'00" WEST 19.02 FEET; THENCE SOUTH 00°00'00" WEST 12.95 FEET; THENCE NORTH 90°00'00" WEST 10.00 FEET; THENCE NORTH 00°00'00" EAST 12.95 FEET; THENCE NORTH 90°00'00" WEST 260.68 FEET; THENCE SOUTH 26°47'15" WEST 4.29 FEET; THENCE NORTH 69°10'28" WEST 10.77 FEET; THENCE NORTH 35°32'31" WEST 12.00 FEET; THENCE NORTH 24°32'32" WEST 69.37 FEET; THENCE NORTH 17°54'47" EAST 157.95 FEET; THENCE NORTH 65°15'42" EAST 25.89 FEET; THENCE SOUTH 90°00'00" EAST 238.17 FEET; THENCE SOUTH 49°33'57" EAST 23.52 FEET; THENCE SOUTH 09°07'54" EAST 135.48 FEET; THENCE NORTH 80°52'06" EAST 34.77 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF SAID LOT 14; THENCE, ALONG SAID EASTERLY PROPERTY LINE, SOUTH 09°07'54" EAST 20.00 FEET; THENCE, LEAVING SAID EASTERLY PROPERTY LINE, SOUTH 80°52'06" WEST 34.77 FEET; THENCE SOUTH 09°07'54" EAST 32.66 FEET; THENCE SOUTH 90°00'00" EAST 10.50 FEET; THENCE SOUTH 45°00'00" EAST 18.28 FEET; THENCE SOUTH 00°00'00" WEST 12.77 FEET TO SAID RIGHT-OF-WAY OF CAMPBELL PLACE AND THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THE PARCEL DESCRIBED AS FOLLOWS: PARCEL '2' BEGINNING AT POINT 'A' AS DESCRIBED IN PARCEL '!'; THENCE NORTH 45°10'14" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90°00'00" WEST 14.70 FEET; THENCE NORTH 00°00'00" EAST 15.00 FEET; THENCE NORTH 90°00'00" WEST 10.00 FEET; THENCE SOUTH 00°00'00" WEST 15.00 FEET; THENCE NORTH 90°00'00" WEST 250.97 FEET; THENCE NORTH 69°10'28" WEST 9.55 FEET; THENCE NORTH 24°32'32" WEST 55.75 FEET; THENCE NORTH 17°54'47" EAST 138.31 FEET; THENCE NORTH 56°31'45" EAST 15.01 FEET; THENCE SOUTH 90°00'00" EAST 226.42 FEET; THENCE SOUTH 49°33'57" EAST 8.79 FEET; THENCE SOUTH 09°07'54" EAST 108.18 FEET; THENCE SOUTH 80°52'06" WEST 7.93 FEET THENCE SOUTH 09°07'54" EAST 10.00 FEET; THENCE NORTH 80°52'06" EAST 7.93 FEET; THENCE SOUTH 09°07'54" EAST 39.06 FEET; THENCE SOUTH 80°47'51" WEST 33.81 JULY 30, 2007 J.N. 061180 PAGE 2 OF 2 FEET; THENCE SOUTH 09°12'09" EAST 10.00 FEET; THENCE NORTH 80°47'51" EAST 33.80 FEET; THENCE SOUTH 09°07'54" EAST 14.09 FEET; THENCE SOUTH 44°49'46" WEST 13.05 FEET TO THE TRUE POINT OF BEGINNING. AREA = 21,813 S.F. (0.50 AC.) O:\Legal_Descriptions\061180\Encroachment-lgl.DOC ''EXHIBIT 'C LEGAL DESCRIPTION PORTION OF LOT 14 OF C.T. 02-15, PER MAP 14960 EXISTING EASEMENTS PUBLIC WATER LINE EASEMENT PER P.R. 07-18 REC. AUGUST , 2007 AS F/N 2007- 2 GENERAL UTILITY AND ACCESS EASEMENT PER MAP NO. 14960 CITY OF, OCEANSIDE 3 LANDSCAPE MAINTENANCE EASEMENT TO BE MAINTAINED BY PROPERTY OWNER'S ASSOCIATION PER MAP NO. 14960 LEGEND EXISTING BOUNDARY EXISTING EASEMENT PROPOSED EASEMENT PACIFIC OCEAN S PARK DR. CITY OF ENCINITAS VICINITY MAP NOSCALf CONSULT A^NTS 2710 Loker Avenue West Suite 100 Corlsbod. Coltfornio 92010 760-931-7700 Fox: 760-931-8680 www.odayconsultonls.com Civil Engi Processin Surveying CITY OF CARLSBAD EXHIBIT C DATE: JULY 30, 2007 SHEET 1 OF 2 SHEETS REQUESTED BY: VPI BRESSI STORAGE, LLC 8910 UNIVERSITY CENTER LAh SUITE 630 SAN DIEGO, CA 92122 PHONE: (619) 992-7883 TIMOTHY 0. CARROLL, 'JR. LS. 7700, EXP. 12/31/08 C.U.P. 05-28 A.P.N. 213-261-05 P.R. 07-_7£ /• \06lteO\06aOCf-EA01. dXrefs: 0680AMAP; 0680BG g tug 01. 2007 S:18amD; 06SOBUH » r-\ »EXHIBIT 7C Z£>r /5 \ MAP 14980 IT, 02-16 AUTOMATIC GATE 0' 60i SCALE: 1" = 60' FIRE HYD. BLDG. B3 (TYP.) i s __ PARCEL A STORM DRAIN WATER LINE STORM DRAIN WATER LINELor 14 MAP 14980 £/, 02-15 D_av_ ASSY_ BLDG. 'A' STORM DRAIN 1 PARCEL A STORM DRAIN TO ROOF DRAIN CONNECTION (TYP.) * - — - - ENHANCED PAVEMENTSEWER LATERALBLDG. B AUTOMATIC GATE CAMPBELL PLACELOT 13 MAP 14960 02-15 2710 Loker Avenue West Suite 100 Corisbod. Coiifornio 92010 760-931-7700 Fox: 760-931-8680 www.odayconsultonls.com Civil Engineering Processing Surveying CITY OF CARLSBAD EXHIBIT C DATE: JULY 30, 2007 SHEET 2 OF 2 SHEETS REQUESTED BY: VPI BRESSI STORAGE, LLC 8910 UNIVERSITY CENTER LANE, SUITE 630 SAN DIEGO, CA 92122 PHONE: (619) 992-7883 to TIMOTHY 0. CARROLL, JR. LS. 7700, EXP. 12/51/08 C.U.P. 05-28 A.PN. 213-261-05 P.R. 07-J7_£L I: \Q6l1BO\Q680CP~EA01.dwg Aug 0! 2007 8:17om Xre/s: 0680AMAP; 0680BGRD; 0680BUTL