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HomeMy WebLinkAboutCUP 11-06; Surya LP; 2013-0311612; Encroachment AgreementDOC Illl 2013-0311612 llilll llllllllllllll RECORDING 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 fir MAY 17, 2013 11:27 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES; 0.00 PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 213-091-06 CUP 11-06 Fairfield Inn PR 12-54 N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Surya LP, a California limited partnership ("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 1929 Palomar Oaks Way within the City of Carlsbad, San Diego County California, Assessor's Parcel Number 213-091-06, and more particularty described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for water utility purposes which easement is 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 enhanced concrete pavement and bioretention basin with inlet and drainpipe to remain in a portion of the water utilities 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 City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, Q:\CED\LandDev\PROJECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\PR 12-54 Water Encroachment Agreement, Fairfieldlnn.doc 01/25/13 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. (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 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 the City with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by City'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 City: If to the Owner: City Engineer Surya LP City of Cartsbad Attn: Neil Patel 1635 Faraday Avenue 10660 Scnpps Ranch Blvd, Ste. 100 Carlsbad CA 92008 San Diego, CA 92131 which addresses may be changed from time to time by providing notice to the other party in the manner descnbed above. 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 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. Capacitv. 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 Q:\CED\LandDev\PROJECTS\CUP\CUP 11 \CUP 11-06 Fairfield Carlsbad - Rick\B & A\PR 12-54 Water Encroachment Agreement, Fairfield Inn.doc 01/25/13 this IN VJilTNESS WHEREOF, these parties hereto have executed this Agreement on day of MrA , 2012L. OWNER Surya LP, a California limited CITY OF CARLSBAD, a municipal partnership By: (SSS^ (Sign Here) By: (Print Name Here) (Sign Here) (Pnnt Name Here) corporation of the State of California GLEN K. VAN PESKI, City Engineer PLS 8801 Exp. 12/31/2014 APPROVED AS TO FORM: CELIA BREWER City Attorney By: "^if*^ ^O^KEM?^^^^ Assistant City Attorney Q:\CED\LandDev\PROJECTS\CUP\GUP 11\GUP 11-06 Fairfield Carlsbad - Rick\B & A\PR 12-54 Water Encroachment Agreement, Fairfieldlnn.doc 01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California Countv Of Son t)^y } On Mtcb \^,mz before me, ieeVizalHm ^ma^ . m\a\\ m\i\\^ Date \ Here Inselt Name and Trtle of th?Officer personally appeared vS'u(^^)^\ P^^^ Name(s) of Signer(s) LEEHZALYNNCARAQAY Commiitiofi # 1953)76 Notary PuMie-CiHfoniia San OiatQ CouHUr ^ 1 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 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. Place Notary Seal Above Signature OPTIONAL - ^ Signature of Notary Publiclj Q~ 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name:, • Individual • Corporate Officer —Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • other: Signer Is Representing: RIGHT THUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney In Fact • Trustee • Guardian or Conservator • other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top 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 Toll-Free 1-800-876-6827 Q:\CED\LandDev\PROJECTS\CUP\CUP 11\CUP 11-06 Fairfield Carlsbad - Rick\B & A\PR 12-54 Water Encroachment Agreement, Fairfieldlnn.doc 01/25/13 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of S^a.\r< 1^1-^^ Q On M /T./ IS before me, ^e^-eii"^ Ftfi^ K\ d No+a/Y PuUi'c^ (Here insert name and title of the officer) personally appeared I €Vl K , \f 0 s/y V , 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 PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) CECELIA FERNANDEZ Coffiffliuion # 1999399 Notary Public-CMraii $MOif9eCoiMl)r 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 Califomia. 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 infonnation 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 v 12.10.07 800-873-9865 www.NotaryClasses.com PR 12-54 Exhibit-A" PARCEL 1: ALL OF LOT 16 AND A PORTION OF LOT 15 OF CARLSBAD TRACT NO. 80-38, MAP NO. 10198, AS RLED IN THE OFFICE OF THE COUNTY RECORDER, COUNTY OF SAN DIEGO, STATE OF CAUFORNIA, AS INSTRUMENT NO, 81^294627, DATED SEPTEI^BER 15,1981, OFFICIAL RECORDS. COMMENCING AT A %" X 18" IRON PIPE MONUMENT WTTM DISC MARKED R.CE, 18673, PER MAP NO. 10198. SAID MONUMENT BBNG THE COMMON CORNER OF LOT 16 AND LOT 15 ON A PORTION OF A 1535.00 FOOT RADIUS ARC BEING THE SOUTHERLY RIGHT OF WAY UNE OF PALOMAR OAKS WAY AND THE TRUE POINT OF BEGINNING FOR LOT C, SAID POIMT HAVING A RADIAL UNE WHICH BEARS NORTH 13** 14'33" EAST; THENCE ALONG THE ARC OF A PORTION OF SAID CURVE THROUGH A CENTRAL ANGLE OF 00° 26' 04", AN ARC DISTANCE OF 11.64 FEET TO A POINT OF TANGENCY; THENCE SOUTH 12* 48' 29" WEST 62.00 FEET; THENCE SOUTH 03'» 39' S?** WEST 128.22 FEET; THENCE SOUTH 60'' 20' 03" EAST 101.93 FEET; THENCE SOUTH 29» 39' 57" WEST 42.00 FEET; THENCE SOUTH 60*» 20' 03" EAST 4.00 FEET; THENCE SOUTH 29° 39' 57" WEST 84.72 FEET TO A POINT ON THE SOUTHERLY LOT UNE OF LOT 15 AS DESCRIBED IN MAP NO. 10198, CONTINUING ALONG A PORTION OF SAID LOT UNE; THENCE NORTH 54'> 34* 18" WEST 89.99 FEET TO A POINT BEING THE CORNER OF LOT 15 AND LOT 16, CONTINUING ALONG THE LOT UNE OF LOT 16 AS DESCRIBED IN MAP NO. 10198; THENCE NORTH 80<» 14' 18" WEST 94.37 FEET; THENCE NORTH 34«» 24'52" WEST 109.70 FEET; THENCE NORTH 71« 50' 26" WEST263.il FEET; THENCE NORTH 18» 09' 34" EAST 84.96 FEET TO A TANGEMT POINT ON A144 FOOT CURVE, HAVING A RADIAL UNE WHICH BEARS NORTH 04<» 31' 51" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 31*> 43' 23", AN ARC DISTANCE OF 79.73 FEET, TO A POINT OF TANGENCY; THENCE NORTH 62*» 48' 28" EAST 72.61 FEET TO A POINT BEING TANGENT TO A 231.34 FOOT RADIUS CURVE, A RADIAL UNE OF SAID CURVE BEARS SOUTH 27** 11' 32" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43° 09' 34", AN ARC DISTANCE OF 174.26 FEETTD A POINT OF TANGENCY; THENCE SOUTH 74° 01' 58" EAST 53.43 FEETTO A POINT BEING TANGENT TO A 1535.00 FOOT RADIUS CURVE, A RADIAL UNE OF SAID CURVE BEARS NORTH 15° 58' 02" EAST; THENCE ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02° 43' 29", AN ARC DISTANCE OF 73.00 KET TO A POINT OF TANGENCV TERMINATING AT A POINT, SAID POINT BEING THE POINT OF TRUE BEGINNING. SAID PROPERTY BBNG DESCRIBED AS "PARCEL C IN A CERTIFICATE OF COMPLIANCE RECORDED ON MAY 20, 1992 AS INSTRUMENT NO. 1992-0309738 OF OFHCIAL RECORDS OF SAID SAN DIEGO COUNTY. JOHNHSTCOFF LS 8733 EXPI DATE EXHIBIT LEGAL DESCRIPTION WATER EASEMENT ENCROACHMENT PR-12-54 A PORTION OF LOTS 15 AND 16 OF CARLSBAD TRACT NUMBER 80-38 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 10198 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 15, 1981 AS FILE NO. 81-294627, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 16, SAID POINT ALSO BEING THE MOST NORTHWESTERLY CORNER OF A PARCEL DEPICTED ON RECORD OF SURVEY NO. 13878, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 20, 1992 AS FILE NO. 92-527123, THENCE EASTERLY ALONG THE NORTHERLY 144.00 FOOT RADIUS CURVE OF SAID LOT 16, CONCAVE NORTHERLY, THE RADIAL OF WHICH BEARS NORTH 04°32'32" EAST, A DISTANCE OF 15.61 FEET THROUGH A CENTRAL ANGLE OF 06°12'38" TO TRUE POINT OF BEGINNING NUMBER 1. THENCE CONTINUING ALONG SAID NORTHERLY 144.00 FOOT RADIUS CURVE A DISTANCE OF 20.02 FEET THROUGH A CENTRAL ANGLE OF 07°57'51"; THENCE LEAVING SAID CURVE SOUTH 05°39'05" EAST A DISTANCE OF 46.83 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 72.45 FEET; THENCE NORTH 18°28'07" EAST A DISTANCE OF 3.13 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 18°28'07" WEST A DISTANCE OF 3.13 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 106.28 FEET; THENCE NORTH 18°28'07" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 18°28'07" WEST A DISTANCE OF 5.00 FEET; THENCE SOUTH 71°3r53" EAST A DISTANCE OF 93.59 FEET; THENCE NORTH 18°28'07" EAST A DISTANCE OF 7.31 FEET; THENCE SOUTH 71°31'53" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 18°28'07" WEST A DISTANCE OF 6.75 FEET; THENCE SOUTH 87°07'20' EAST A DISTANCE OF 96.53 FEET TO A POESTT ALONG THE EASTERLY LINE OF SAID RECORD OF SURVEY PARCEL; THENCE ALONG SAID EASTERLY LINE SOUTH 03°37'47" WEST A DISTANCE OF 13.77 FEET; THENCE SOUTH 60°19'16" EAST A DISTANCE OF 13.82 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 87°07'20" WEST A DISTANCE OF 113.49 FEET; THENCE NORTH 71°31'53" WEST A DISTANCE OF 316.02 FEET; THENCE NORTH 05°39'05" WEST A DISTANCE OF 59.79 FEET TO TRUE POINT OF BEGINNING NUMBER 1. CONTAINING AN AREA OF 0.22 ACRES OR 9414.40 SQUARE FEET MORE OR LESS. JOHNWeO^^FE LS 8733 EXPIRES 12/31/14 ?-lg-(7 DATE PROPOSED i HOTEL I WA TERMAIN EASEMENT ENCROACHMENTS >t 20' EASEMENT TO CMWD FOR _ ' WATERMAIN PURPOSES i<:tT^ r J ' PER PR 12-29 ^^AC ^ - ^ LEGEND DESCRIPTION SYMBOL PROPERTY LINE BIORETENTION AREA N45'45'45"W APN: 213-091-06 a COFFEY ENGINEERING, INC. 10660SCRIPPS RANCH BLVD, SUITE 102 SAN DIEGO, CA 92131 PH (858)831 - 0111 (E). 27" RCP STORM DRAIN TO REMAIN EASEMENT TO THE CITY OF CARLSBAD FOR WATERMAIN, INGRESS AND EGESS REC. 12/7/88 AS DOC. NO. 628775 OF O.R. 1^ PROPOSED HOTEL ENHANCED PAVING \ — 72' OF 12" PVC STORM DRAIN 20' EASEMENT TO CMWD FO, WATERMAIN PURPOSES PER PR 12-29 PR 12-54 EXHIBIT C FAIRFIELD INN & SUITES SCALE: 7 "=40' 0 20 40 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUIVIENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: (1 JLXJJLLC^ ^"^^JU/JCOyKcJLe^^ Commission Number: / 9 j c5^5 Date Commission Expires: /cf]3,6j/ U County Where Bond is Filed: ^sQ^ l^^yd Manufacturer or Vendor Number: A/A//H ^ (Located on both sides of the notary seal border) Signature: V / 'A Citv of Carlsbad Place of Execution: Office of the Citv Clerk/City of Carlsbad Date: Rec. Form #R10 (Rev.7/96)