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Home My WebLink AboutMS 13-07; Pivotal 650 California St., LLC and Arizona LLC; 2014-0449162; Encroachment AgreementDOCtt 2014-04491G2 ililllillililllllillliilllll OCT 16, 2014 10:06 AM RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 39.00 WHEN RECORDED MAILTO: PAGES: 9 1 llllll illll lllll lllll lllll lllll illll mil mil lllll Hill illll ••III IBIII ••III •••• ••• City Clerk •llllllllllllllll CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE 213-261-01,02,03,&04 ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID MS 13-07 VIASAT EXPANSION PR 13-50 N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") Is entered Into between the CITY OF CARLSBAD ("City") and Pivotal 650 California St., LLC, and Arizona limited liability company ("Owner"), in accordance with Chapter 11.16 of the Carlsbad 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 Carlsbad, San Diego County California, Assessor's Parcel Number 213-261-01,02,03 and 04 and more particularly 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, water and drainage 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 decorative pavement, storm drain facilities and a storm water treatment and retention basin 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. 1 Q:\CED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasat Expansion - Rick\Deeds-Easement\ENCROACHMENT AGMT PR 13-50 doc01/25/13 (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, 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 Carlsbad 2201 Camelback Road, Suite 650 1635 FaradayAvenue Phoenix, AZ 85016 Carlsbad 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 2 Q:\CED\LandDev\PROJECTS\MS\IVlS 13\I\/IS 13-07 Viasat Expansion - Rick\Deeds-Easement\ENCROACHMENT AGMT PR 13-50.doc01 /25/13 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 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this__iL{^::^_ day of <^4)ok\jo^ 20 / y . OWNER: Pivotal 650 California St., LLC, an Arizona limited liability company By Levine Investments Limited Partnership, an Arizona limited partnership, its sole member By Keim Inc., an Arizona Corporation, its General Partner By: (Sign Here) William S. Levine (Print Name Here) By: (Sign Here) (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California CLEN K. VAN PESKI, City Engineer ^LGOOOI Cxp. 12/31/2014 APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney Q;\CED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasat Expansion - Ricl<\Deeds-Easement\ENCROACHMENT AGMT PR 13-50.doc01/25/13 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT state of Galifornia County of. On before me, Date ' personally appeareci } 3 , Hera Insert Name and THIe of the Onlcer | Natne(s) of Signer($) 9102'W W ««l*g luiuoo <W AJLNHOO VUOOHdVW mxoiiv to AMS • annd ^JoyiN lunw Nana Hina 1V3S TVICMddO 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/herAheir slgnature(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£alifow«trthat the foregoing paragraph is true and correct. A«-i*onrt WITNESS my hand and official seal. Place Notary Seal Above Signature OPTIONAL - Signature of Notary Public Though the Information below is not required by law, it may prove valuable to persons relying on the document and coutd prevent Imudulent 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(ies) Claimed by Signer(8) Signer's Name:. • Indiviclual • Corporate Officer —Title(s); • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Titie{s): • Partner — • Limited • Gdneral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association • 9350 Oe Soto Ave., RO.Box 2402 •Chats»ionh,CA 91313-2402 •www.NatlonalNotary.org Item »5907 ReonJer. Call Toll-Free 1-80O«76-6827 Q;\CED\LandDev\PROJECTS\MS\MS 13\MS 13-07 Viasat Expansion - Rick\Deeds-Easement\ENCROACHMENT AGMT PR 13-50.doc01/25/13 CALiFORNiA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of. 1^ Date personally appeared On 6)<^^,^0lH beiore me, Here Insert Name and Title of the Officer'^ Name(s) of Signer(s) KATHLWN M. LAWRENCE | Commission # 2078762 i Nolary PubHc - California 1 San Diego County g MyComm.E,yi-r«A»|i9j>nifiJ who proved to me on the basis of satisfactory evidence to be the personfs) whose name(s) is/are- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hefitheir authorized capacity (-ie*), and that by his/bef/tbeir signaturefs)- on the instrument the person(9)T 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^ei Place Notary Seal Above Signature/ OPTIONAL — Signatore of Notary Public 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(ies) Claimed by Signer(s) Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: Signer Is Representing: 120)2 National Notary Association • NationalNotaryorg • 1-800-US NOTARY (1-800-876-682/) Item #5907 EXHIBITA LEGAL DESCRIPTION PR 13-50 PARCELS 1 THROUGH 4 OF CARLSBAD MINOR SUBDIVISION NO. 13-07 ACCORDING TO PARCEL MAP THEREOF NO. Zf/jTZ^ , 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 EXHIBIT B EASEMENT DESCRIPTION PR 13-50 THE GENERAL UTILITY EASEMENT OVER PARCELS 1, 2 AND 3 OF CARLSBAD MINOR SUBDIVISION NO. 13-07 ACCORDING TO PARCEL MAP THEREOF NO. Zll^Z. . 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 /\U(7. 7^ a.ON. TOGETHER WITH: THE WATER EASEMENT OVER PARCELS 2, 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO. 13- 07 ACCORDING TO PARCEL MAP THEREOF NO. 2//fl. . 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 /Qt>(>. 7^ Z.«>\H . TOGETHER WITH: THE EXISTING 20' DRAINAGE EASEMENT GRANTED TO THE CITY OF CARLSBAD PER MAP 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 PER FILE NUMBER 2003-0631052. EXHIBIT ENCROACHMENT AGREEMENT CITY OF CARLSBAD DATE: FEB. 14. 2014 REQUESTED BY: PimAL 650 CALIFORNIA ST.. LLC 2201 CAMELBACK ROAD, SUITE 650 PHOENIX, AZ 85016 (602) 248-8181 PREPARED BY: O'DAY CONSULTANTS 2710 LOKER A]/E. VEST STE 100 CARLSBAD. CALIFORNIA 92010 (760) 951-7700 SEE DWG. 480-2A ON FILE WITH CITY FOR DETAILS SHT. 1 OF 2 SHTS. A.P.N 213-261-01. 02 OJ. 04 P.R. 13-50 THE CITY OF CARLSBAD . ENCROACHMENT AGREEMENT CITY OF CARLSBAD DATE: FEB 14. 2014 REQUESTED BY: f^yOTAL 650 CALIFORNIA ST. LLC 2201 CAMELBACK ROAD. SUITE 650 PHOENIX AZ 85016 (602) 248-8181 PREPARED BY: O'DAY CONSULTANTS 2710 LOKER Ai€. HEST SIE 100 CARLSBAD. CALIFORNIA 92010 (760) 931-7700 SEE DWG. 480-2A ON FILE WITH CITY FOR DETAILS SHT. 2 OF 2 SHTS. A.P.N 213-261-01. 02 03. 04 P.R. 13-50