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HomeMy WebLinkAboutPD 12-03; Biodec LLC; 2013-0033106; Encroachment Agreement•RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr Carlsbad, CA. 92008 DOCtt 2013-0033 llllllll llllllllll 06 JAN 16,2013 2:11 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID a- 212-120-26-00 PD 12-03 SKLZ (CRC LOT 50) PR 12-62 N/A ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 ("District") and BIODEC, LLC, a California 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 2081 Faraday Avenue within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 212-120-26 and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property for water utilities 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 an artificial turf field, block wall, fence with gate, stamped concrete and private storm drain to remain in a portion of the public water 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 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 Q:\CED\LandDev\PROJECTS\PD\PD 12\PD 12-03 SKLZ (ORG LOT 50) - Rick\ENCROACHMENT AGMT PR 12-52 SKLZ, Revised 8-11- 10.doc (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 District, or the District 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 District with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by District'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 District: If to the Owner: City Engineer BIODEC, LLC City of Carlsbad RO. Box 230931 1635 Faraday Avenue Encinitas, CA 92023 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. District'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 District's consent for approval to any subsequent act by Owner. Any waiver by District 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\PD\PD 12\PD 12-03 SKLZ (CRC LOT 50) - Rick\ENCROACHMENT AGIVIT PR 12-52 SKLZ, Revised 8-11- 10.doc 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 f?P- dav of Of /- gx^f 20 ( 7^. OWNER: BIODEC, LLC, a California DISTRICT: Carlsbad Municipal Water Limited Liability Compa|6y District, a public agency organized under the Municipal Water Act of 1911 GLEN K. VAN PESKI, City Engineer (Sign Here) (PHqt Name Here) By: (Sign Here) (Print Name Here) ='LS8801 Exp. 12/31/2012 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Assistant City Attorney Q:\CED\LandDev\PROJECTS\PD\PD 12\PD 12-03 SKLZ (CRC LOT 50) - Ricl<\ENCROACHMENT AGMT PR 12-52 SKLZ, Revised 8-11- 10.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^r7Qr\ T^r^o } On &^mkd2S^before me, V^AU T OgSu^ . h^ol^rV Pobltt^ Dale \ '^lere Insert Name and Tltlsof ths Officer personally appeared NarT)e(s) ql SIgnarJs) KELLY T. 06AWA Commission # 1942820 Notary Pubiic - California si^gmgiK^ San DIego County - ^^SS^ Comm. Expires Jul 1. 2015 I who proved to me on the basis of satisfactory evidence to be the personjiaf whose nam^)(j|'ire-subscribed to the within Instrument and acknowledged to me that [fi^ho/thoy executed the sgme Ir^hiMiei'/tlioli' authorized iiSpacltypfi^, and that b\(h&^i©n'fer Instrument the personjf^, or the entity upon behalf of which the person^ acted, executed the instrumenL I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal Signature. OPTIONAL - signature ol Notary Pulilic Thoiis^ 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\f Attached Document Title or Type of DoctKQent: Document pate: Slgner(s) Otiier Than Named Abi Number of Pages:, Capaclty(ies) Claimed by Signer(s) Signer's Name:, • Individual •Title(s): • Corporate Officer • • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name; J3 Individual Corporate Officer — Title(s): • PailR^— • Limited • General • Attorney Fact • Trustee • Guardian or CoTls^rvator • Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007Natlonal Notary Asaoclallon-9350Da Solo Ave..P.O.Box840Z•Chatsworth.CA 91313-2402.v/wwNalionaINotary.org ltem»5907 ReoidefX^nab^el^iO^TB^^ Q:\CED\LandDev\PROJECTS\PD\PD 12\PD 12-03 SKLZ (CRC LOT 50) - Rick\ENCROAGHMENT AGt^T PR 12-52 SKLZ Revised 8-11- lOdoc CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of ^^/THA iSj-^a^ O On ^g/l .2.2.0\'3 before me, C^c-gUfl f-^v^ KAi/vA-e^ /l/TjAtA^ fjjULl. , (Here insert name and title of the officer) ' personally appeared C^jCA/l « v/gvi fi^^l^l , who proved to me on the basis of satisfactory evidence to be the persdn(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 55 I (Notary Seal) CECELIA FERNANDEZ Commission # 1996355 Notary Public • GaUfomii 1 , vaiHBc^ San Otego County g a Comm. fairirat Oct 30.20161 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 California. 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 information 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. te/she/they7- is /afe) 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 &nd 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 vl2.10.07 800-873-9865 www.NotaryClasses.com EXHIBIT "A" PR 12-52 LOT 50 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19,1987. EXHIBIT "B" PR 12-52 ALL THAT PORTION OF LOT 50 OF MAP NO. 11811, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 19,1987, AS FILE NO. 87-276653, MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEING A STRIP OF LAND 20.00 FEET IN WIDTH, LYING 10.00 FEET ON EACH SIDE OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT POINT ^E' AS DESCRIBED IN GRANT DEED OF WATERLINE EASEMENT RECORDED JANUARY 8, 1998 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AS DOCUMENT NO. 1998-0010711 OF OFFICIAL RECORDS; THENCENORTH71'"34'47" WEST ALONG THE CENTERLINE OF SAID WATERLINE EASEMENT, 157.72 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE AS FOLLOWS: NORTH 71°34'47" WEST, 11.00 FEET; THENCE NORTH 39°33'13" WEST, 176.73 FEET; THENCE NORTH 50°2713" EAST, 145.00 FEET TO THE POINT OF TERMINUS. EXHIBIT C VICINITY MAP SKLZ ATHLETIC FIELD 2081 FARADAY AVE. PR 12-52