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HomeMy WebLinkAboutMS 13-07; Pivotal 650 California St, LLC; 2015-0425990; Encroachment AgreementD0C# 2015-0425990 II Aug 12, 2015 08:44 AM OFFICIAL RECORDS RECORDING IS REQUESTED Ernest J. Dronenburg, Jr., FOR THE BENEFIT OF THE CITY SAN DIEGO COUNTY RECORDER OF CARLSBAD FEES: $42.00 PAGES: 10 WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 213-261-20, 21, 22 & 23 MS 13-07 VIASAT EXPANSION PR 15-75 N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Pivotal 650 California St., LLC, an Arizona limited liability company ("Owner"), in accordance with Chapter 11.16 of the Carisbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at the northeast corner of El Camino Real and Gateway Road within the City of Carisbad, San Diego County, California, Assessor's Parcel Number 213-261-20, 21, 22 and 23 and more particulariy described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns existing easements over, under, and across Owner's property for general utility and water purposes which easements are 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 gate and fence to remain in a portion of the easements. A plat showing the location of the encroachments 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, Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasat Expansion - Rick\Deeds-Easement\PR 15-75 Gate and fence EA\ENCROACHMENTAGMTPR 15-75.doc 01/25/13 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. (C) The Owner must remove or relocate any part of the encroachment at such time as specified in the notice after receipt of it from the City Engineer, which the time to remove the encroachment shall be reasonable given the extent and complexity of the encroachment. If the Owner does not remove the encroachment within the specified time 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 Pivotal 650 California St., LLC City of Carisbad 2201 Camelback Road, Suite 650 1635 FaradayAvenue Phoenix, AZ 85016 Carisbad CA 92008 which addresses may be changed from time to time by providing notice to the other party in the manner described 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. 2 Q;\CED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasat Expansion - Ricl^\Deeds-Easement\PR 15-75 Gate and fence EA\ENCROACHMENTAGMTPR 15-75.doc 01/25/13 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, these parties heretojiave executed this Agreement on this 3. \ day of , 20 1^ OWNER: Pivotal 650 California St., LLC, an CITY OF CARLSBAD, a municipal Arizona limited liability company corporation of the State of California By Levine Investments Limited Partnership, an Arizona limited partnership, its sole member By Keim Inc., an Arizona Corporation, its General Partner By: ''(Sign Here) C5g>v^ cVycy^ William B. Levine (Print Name Here) By: (Sign Here) CLQi K. \/f»i PESKI, City Engineer ^OLS 8801 Exp. 12/31/2014 (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 0 \CED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasat Expansion - Ricl^\Deeds-Easennent\PR 15-75 Gate and fence EA\ENCROACHMENT AGiVIT PR 15-75.doc 01/25/13 CALIFORNIA ALL-PURPOSE 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 which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ^/^iA T\}C^ On fil^^l4iyt ljj ^P/.^efore me. personally appeared Here Insert Name and Title of ttr^Jofficer LL. Name(s) of S/gnerfsj 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. ROXANNEJONES 1 « ^ s j^ COMM. #2107902 4 INOTARY PUBLIC • CALIFORNIA % > vs»uW SAN DCGO COUNTY " I ^^B^ComfflissionExpjresApril 20.20191 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 Signature df/Notary Public Place Notary Seal Above OPTIONAL Though this section is 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: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Document Date: • Corporate Officer — Title(s): • Partner — • Limited • General • Individual [ 1 Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer's Name: • Corporate Officer - Title(s): • Partner — • Limited • General • Individual • Attorney in Fact • Trustee IJ Guardian or Conservator • Other: Signer Is Representing: ©2014 National Notary Association • wvw.NationalNotary.org • 1 -800-US NOTARY (1 -800-876-6827) Item #5907 County On before me. Date y personally appeared -Cfttf^eimiA-ALL-PURPOSE ACKNOWLEDGMENT State of ealifornio Nam6(s) of Signer(s} OFFICIALSEAL STEPHANYVDEAN Notaiy PuMc • Sttta ol Arizona •"iStfaCORA COUMTY MyO0iWB.EiH)liwA|inl16.2018 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/sheAhey 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 hai Place Notary Seal Aljove Signature OPTIONAL Though the Iniormation 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 lo another document. Description of Attached Document Title or Type of Document: _ __ Docunrient Date: —— . Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) 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: RIGHTTHUMBPRINT 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 OF SIGNER Top Of thumb hare Cl2007NatlonalNotatyA!»odatlon.9350DeSoloAV8..P.O.Box2402'Chals»tirth.CA 9131.^2402-www.NatlonalNotaty.orB Kem #5907 Be<»derCallTol|.F«e 1-80M7&«827 Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasat Expansion - Rick\Deeds-Easement\PR 15-75 Gate and fence EA\ENCROACHMENT AGIVIT PR 15-75.doc 01/25/13 June 22, 2 015 J.N. 131029 EXHIBIT A LEGAL DESCRIPTION PR 15-75 PARCELS 1 THROUGH 4 OF CARLSBAD MINOR SUBDIVISION NO. 13-07 ACCORDING TO PARCEL MAP THEREOF NO. 21152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 7, 2014 . O:\Legal_Descriptions\131029\Exhibit A-Bdy WTR ENCROACH-FENCE.docx June 22, 2015 J.N. 131029 EXHIBIT B EASEMENT DESCRIPTION PR 15-75 PARCEL A THE GENERAL UTILITY EASEMENT OVER LOT 3 OF CARLSBAD TRACT NO. 00-06 ACCORDING TO MAP THEREOF NO. 14600, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON MAY 29, 2003 . PARCEL B THE WATER EASEMENT OVER PARCELS 2, 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO. 13-07 ACCORDING TO PARCEL MAP THEREOF NO. 21152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 7, 2 014. PARCEL C THE GENERAL UTILITY EASEMENT OVER PARCELS 1, 2, AND 3 OF CARLSBAD MINOR SUBDIVISION NO. 13-07 ACCORDING TO PARCEL MAP THEREOF NO. 21152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 7, 2014. PARCEL D THAT PORTION OF PARCEL 4 OF MS 13-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21152 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS FILE NUMBER 2014-0338124 RECORDED AUGUST 7, 2 014, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL 2 OF SAID PARCEL MAP, ALSO BEING ALONG THE WESTERLY PARCEL LINE OF SAID PARCEL 4; THENCE NORTH 16°50'26" EAST, 19.77 FEET TO A POINT ON THE EASTERLY LINE OF AN EXISTING WATER EASEMENT DEDICATED TO THE CARLSBAD MUNICIPAL WATER DISTRICT ON SAID PARCEL MAP 21152, SAID POINT BEING THE TRUE POINT OF BEGINNING. O:\Legal_Descriptions\131029\Exhibit B-WTR ENCROACH-FENCE.docx June 22, 2 015 J.N. 131029 THENCE LEAVING SAID EASTERLY LINE NORTH 75°06'27" EAST, 122.89 FEET; THENCE NORTH 90°00'00" EAST, 138.85 FEET; THENCE SOUTH 45°00'00" EAST, 41.19 FEET; THENCE NORTH 80°57'47" EAST, 44.59 FEET TO A POINT ON EASTERLY LINE OF PARCEL 4, ALSO BEING THE WESTERLY RIGHT-OF-WAY OF CAMPBELL PLACE; THENCE SOUTHERLY ALONG SAID EASTERLY LINE AND WESTERLY RIGHT-OF-WAY SOUTH 09°00'45" EAST, 2 0.00 FEET; THENCE LEAVING SAID EASTERLY LINE AND SAID WESTERLY RIGHT-OF-WAY SOUTH 80°57'47" WEST, 54.78 FEET; THENCE NORTH 45°00'00" WEST, 43.11 FEET; THENCE NORTH 90°00'00" WEST, 17.19 FEET; THENCE SOUTH 00°00'00 WEST, 12.55 FEET; THENCE NORTH 90°00'00" WEST, 10.00 FEET; THENCE NORTH 00°00'00 EAST, 7.55 FEET; THENCE NORTH 90°00'00" WEST, 10.22 FEET; THENCE NORTH 00°00'00" EAST, 5.00 FEET; THENCE NORTH 90°00'00" WEST, 13.29 FEET; THENCE SOUTH 00°00'00" WEST, 14.91 FEET; THENCE SOUTH 14°53'33" EAST, 116.61 FEET; THENCE NORTH 75°06'27" EAST, 16.18 FEET; THENCE SOUTH 14°53'33" EAST, 10.00 FEET; THENCE SOUTH 75°06'27" WEST, 16.18 FEET; THENCE SOUTH 14°53'33" EAST, 5.00 FEET; THENCE SOUTH 75°06'27" WEST, 2 0.00 FEET; THENCE NORTH 14°53'33" WEST, 134.23 FEET; THENCE NORTH 00°00'00" EAST, 17.52 FEET; THENCE NORTH 90°00'00" WEST, 57.25 FEET; THENCE SOUTH 75°06'27" WEST, 120.28 FEET TO A POINT ON THE EASTERLY LINE OF SAID EXISTING WATER EASEMENT; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 14°53'33" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING. O:\Legal_Descriptions\131029\Exhibit B-WTR ENCROACH-FENCE.docx EXHIBIT C LOT 15 LOT W LOT 17 NOT TO SCALE GATEWAY RD. EL CAMINO REAL BOUNDARY LINE LOT LINE EASEMENT LINE EASEMENT ENCROACHMENT AREA PRIVA TE FENCE/GA TE ENCROACHMENT AGREEMENT CITY OF CARLSBAD DATE: JUNE 22, 2015 REQUESTED BY: PimAL 650 CAUFORNIA ST.. LLC 2201 CAMELBACK ROAD. SUITE 650 PHOENIX. AZ 85016 (602) 248-8181 PREPARED BY: O'DAY CONSULTANTS 2710 LOKER Al£ UEST SIE 100 CARLSBAD. CAUFORNIA 92010 (760) 931-7700 SEE DWG. 480-2A ON FILE WITH CITY FOR DETAILS SHT. 1 OF 2 SHTS. A.P.N 213-261-20. 21. 22 & 23 P.R. 15-75 EXHIBIT 'C FENCE ENCROACHMENT 20' GEN. UTL & ACCESS EASEMENT TO CITY OF r^ CARLSBAD PER MAP 14600 (PARCEL A) PARCEL 3 PM 21152 h GATE ENCROACHMENT n ^ 20' WATER EASEMENT TO CITY OF CARLSBAD PER PM 21152 (PARCEL B) O pi T 20' GEN. UTL (Sc ACCESS 4^ EASEMENT TO CITY OF ' CARLSBAD PER MAP 211521) (PARCEL C) ^ GATE ENCROACHMENT PARCEL 1 PM 21152 > O O P_ARCEL_4_ "PM 21152 r>T-n 20' WATER EASEMENT TO CITY OF CARLSBAD PR 15-10 (PARCEL D) ENCROACHMENT AGREEMENT CITY OF CARLSBAD DATE: JUNE 22.2015 REQUESTED BY: PIVOTAL 650 CAUFORNIA ST., UC 2201 CAMELBACK ROAD. SUITE 650 PHOEMK AZ 85016 (602) 248-8181 PREPARED BY: O'DAY CONSULTANTS 2710 LOKER A l€ VEST STE 100 CARLSBAD, CAUPORNIA 92010 (760) 931-7700 SEE DWG. 480-2A ON FILE WITH CITY FOR DETAILS SHT. 2 OF 2 SHTS. A.P.N 213-261-20, 21, 22 & 23 P.R. 15-75