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HomeMy WebLinkAboutMS 15-13; Presidio Cornerstone QC LLC; 2016-0505220; Encroachment AgreementRECORDING 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 DOC# 2016-0505220 IIIII/I IIIII IIIII 111111111 IIIII/ IIIII IIIII IIIII IIIII IIIII IIIII Ill/ /Ill Sep 23, 2016 08:45 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $4800 PAGES 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-040-43-00 & 167-040-44-00 PROJECT ID: MS 15-13 ~~~~~~~~~~--PROJECT NAME: Quarry Creek R-1 and R-2 RELATED PROJECT ID: PR 16-13 RELATEDPROJECTID: -------------------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Presidio Cornerstone QC LLC, a Delaware limited liability company ("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 the southeast corner of Haymar Drive and El Saito Falls Street, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 167-040-43-00 and 167-040-44-00, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for Presidio Cornerstone QC LLC, a California limited liability company 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 private improvements to remain in a portion of the 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, 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Presidio Cornerstone QC, LLC 4365 Executive Drive, #600 San Diego, CA 92121 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 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 hereto have executed this Agreement on this 1st day of June , 20----=-=16=---- PAe&Lf:>iD CoR.JJep__sro~. ~c w: OWNER Ct :. at,.VttJit' /1/!1/.j..e;J /,f'O.J;A t/4 C()ftld/lj CITY OF CARLSBAD, a municipal By: ,. Ure R. Kretowicz, Operating Manager (Print Name Here) --------~-----------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By -~ \:i,= RON KEMP Assistant City Attorney 3 corporation of the State of California 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 2n.,... ]),cz~O On -s......_ 1. 1 1..0\\o before me, ~,~ ~""" \lom\m\ci. ~o~ Puk\'•c Date f.1ere Insert Name a,;d Titleofthe Officer personally appeared ____ lk-"""-""""--\'-'l."""'-"«.:"'-~-'-=-""=-·'-=c.._,-z..~----------------- Name(s) of Signer(s) 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. Place Notary Seal Above I certify under PENAL TV 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 d.J,,.,<..c.&..~ nature of Notary Public ----------------------------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: Document Date: ______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ________ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Trustee 0 Attorney in Fact 0 Guardian or Conservator 0 Other: ____ _ Signer Is Representing: · Signer's Name:-,---------:=-----:-,------------ 0 Corporate Officer -Title(s): ________ _ 0 Partner - 0 Limited 0 General 0 Individual 0 Trustee 0 Attorney in Fact 0 Guardian or Conservator 0 Other: ___ _ Signer Is Representing: ___________ _ ""~~"%~~~~~'§<)~~~~~~~~~~~~~~~..,.,~~~~~~~=~~~~~~~ ©2014 National Notary Association· www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 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 bJ.Il. D1r I On 9/ 'Lo/ WI before me, i2DJ[d )1 'N2 • \ OJ)~ f\}oia r V JJ~ l2k_· /ate .-.-, Here Insert Name and Title of the Officer personally appeared ~ ,,.._ SciJ S. 6eJqer± Name(s) of Signer(s) 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 Sea/ Above -----------------------------opnoNAL------------------------------- 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: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ [] Corporate Officer -Title(s): ______ _ ~: Corporate Officer -Title(s): _____ _ LJ Partner -:J Limited LJ General :=: Partner - i J Limited [J General [l Individual . Attorney in Fact D Individual L : Attorney in Fact D Trustee Guardian or Conservator lJ Trustee r I Guardian or Conservator Other: ______________ _ D Other: _____________ ___ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A PR 16-13 LEGAL DESCRIPTION PARCEL 2 OF THE CARLSBAD MINOR SUBDIVISION MS 15-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21373, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 17,2016. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE 1 of 1 EXHIBIT B PR16-13 LEGAL DESCRIPTION CITY EASEMENT ALL THAT PORTION OF PARCEL 2 OF THE CARLSBAD MINOR SUBDIVISION MS 15-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21373, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 17,2016, DESCRIBED AS FOLLOWS: PUBLIC GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD GRANTED PER CARLSBAD MINOR SUBDIVISION MS 15-13. PEDESTRIAN TRAIL EASEMENT GRANTED PER CARLSBAD MINOR SUBDIVISION MS 15-13. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE 1 of 1 .. APPLICANT: PRESIDIO CORNERSTONE OC. LLC 4365 EXECUTIVE DRIVE. SUITE 600 SAN DIEGO, CA. 92121 (858) 458-9700 PR 16-13 EL CAMINO COUNTRY CLUB VICINITY MAP NOT TO SCALE THOMAS BROTHERS PC. 110~ GRID A-2 2006 EDITION CITY OF CARLSBAD EXHIBIT "C" DATE-SEPTEMBER 12. 2016 SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAND/EGO, CA. 92123 www. sboinc. com SHEET 1 OF 5 SHEETS A.P.N.: 167-040-43-00 AND 167-040-44-00 APPLICANT: PRESIDIO CORNERSTONE OC. LLC 4365 EXECUTIVE DRIVE, SUITE 600 SAN DIEGO, CA. 92121 (858) 458-9700 PR 16-13 KEY MAP SCAL£· ,. = 200 I CITY OF CARLSBAD EXHIBIT "C" SB&O~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www. sbo/nc. com DATE I I "' I "' I / / / / / / / // / I I I I OAT£· SEPTEMBER 12, 2016 SHEET 2 OF 5 SHEETS A.P.N.: 167-040-43-00 AND 167-040-44-00 PR 16-13 PARCEL 2 P.M. NO. 21373 301 PUBLIC GENERAL UTILITY EASEMENT TO CITY OF CARLSBAD PER MAP NO. 21373 APPLICANT: PRESIDIO CORNERSTONE QC. LLC 4365 EXECUTIVE DRIVE, SUITE 600 SAN DIEGO, CA. 92121 (858) 458-9700 LOT 12 MAP NO. 16038 CITY OF CARLSBAD EXHIBIT •c• SB&D~ PLA.NNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAlv' DIEGO, CA. 92123 www. sboinc. com SUBD!WS!ON BOUNDARY /'rv. c, rP.) DAT£-SEPTEMBER 12, 2016 SHEET 3 OF 5 SHEETS A.P.N.: 167-040-43-00 AND 167-040-44-00 PH 16-13 PARCEL 2 _ _l_ NO. 21373- LOT 12 MAP NO. 16038 SUBDIVISION BOUNDARY (TYP.) A COVENANT OF PRIVATE EASEMENT FOR CROSS LOT ORA/NAG£ OVER A PORTION OF LOT 2 FOR THE BENERT OF LOT 1 PER ,, APPLICANT: PRESIDIO CORNERSTONE QC. LLC 4365 EXECUTIVE DRIVE, SUITE 600 SAN DIEGO, CA. 92121 (858) 458-9700 MAP NO. 21373 CITY OF CARLSBAD EXHIBIT "'C"' SB&O~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www. sboinc. com OAT£· SEPTEMBER 12, 2016 SHEET 4 OF 5 SHEETS A.P.N.: 167-040-43-00 AND 167-040-44-00 301 PUBLIC GENERAL UTILITY EASEMENT TO CITY OF CARLSBAD PER MAP NO. 21373 PR 16-13 351 PUBLIC GENERAL UTILITY EASEMENT TO CITY OF CARLSBAD PER MAP NO. 21373 ,, A COVENANT OF PRIVATE EASEMENT FOR CROSS LOT DRAINAGE OVER A L 0 T 12 PORTION OF LOT 2 FOR THE MAP NO 16038 BENEAT OF LOT 1 PER · MAP NO. 21373 APPLICANT: PRESIDIO CORNERSTONE QC. LLC 4365 EXECUTIVE DRIVE, SUITE 600 SAN DIEGO, CA. 92121 (858) 458-9700 DATE CITY OF CARLSBAD EXHIBIT "C" SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www. sboinc. com DAT£· SEPTEMBER 12, 2016 SHEET 5 OF 5 SHEETS A.P.N.: 167-040-43-00 AND 167-040-44-00