Loading...
HomeMy WebLinkAboutPD 2019-0003; Carlsbad Premium Outlets LLC; 2019-0220020; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2019-0220020 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Jun 07, 2019 08:17 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins $0 00) PAGES. 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-022-22-01 -----------PROJECT ID: PD2019-0003 -----------PROJECT NAME: Premium Outlets EV Station RELATED PROJECT ID: EAGREE2019-0001 RELATED PROJECT ID: CBC2018-0538 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 Carlsbad Premium Outlets, 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 5600 Paseo Del Norte in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-022-22-01, 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 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 electrical conduit to remain in a portion of the public waterline 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 01/25/13 (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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Carlsbad Premium Outlets, LLC 225 West Washington Street Indianapolis IN 46204 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. 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. /II Ill Ill 2 01/25/13 .--1,,.N, ~~NESS WHEREOF, these parties her~o have executed this Agreement on this_±I __ day of CYJ C ('( i1 , 2015_. OWNER, Carlsbad Premium Outlets, LLC, a Delaware limited liability company (Print Name Here) By: _?C)----'-""'. ·-=--0-(S-t:b-n-H-er-e)-'1.,~2--- Danyt E. Gugig Deputy General Counsel APPROVED AS TO FORM: CELIA BREWER City Attorney By~~ RONKEMP Assistant City Attorney 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 fY('U h) r' :+--1 (()t-f\{t0t r, PAZ GOMEZ, Public Works Dirootor 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 .fu1' °bf~6D ) On BpYt'L l'I, aot, before me, 'R:oXQIJl}e JONE£;, /VOT),R:{ Pt112JK. ' Date p Here Insert Name and Title of the Officer personally appeared A ~ ..B. G DMtfo 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. ............. ,. ... ., .................................... -... -., r···:.· .. ··:;J=j1~t.. ~ i4 SNIDIEGOCOUNTY ~ ~ · · &pill APR 20, 20 L ............... -....... = ...... n ............................. . Place Notary Seal Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ---------------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: ___________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" LEGAL DESCRIPTION OF REAL PROPERTY THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 2 OF CARLSBAD TRACT 94-09, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALWORNIA ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 11, 1996. AND LOT 3 OF CARLSBAD TRACT NO. 92-7, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13078, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 28, 1993. TOGETHER WITH ALL OF GRANTOR'S RIGHT, TITLE AND INTEREST IN AND TO THE EASEMENTS FOR ACCESS AND RECIPROCAL PARKING OVER LOT I OF CARLSBAD TRACT NO. 94-09 (CARLSBAD RANCH UNIT 1), IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON SEPTEMBER 11, 1996, AS CONTAINED IN DOCUMENT ENTITLED "ACCESS EASEMENT AND RECIPROCAL PARKING AGREEMENT RECORDED OCTOOBER 28, 1997 AS FILE NO. 1997-0539866 OF OFFICIAL RECORDS . . APN: 211-022-22-01 4 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT THAT CERTAIN WATER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT PER GRANT DEED OF WATER LINE EASEMENT RECORDED JULY 3, 1997 AS INSTRUMENT NO. 1997-0316234, OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO. LOCATION MAP EXISTING WATER LINE EXISTING GRADE OF PAVEMENT (1) 4" w :c (.) I-CONDUIT z z a. :E <C 0::: PLAN A-A <C N T-w SCALE: NO SCALE ...J (.) 20' WIDE WATER EASEMENT TO THE CITY OF CARLSBAD REC 713197 0 C.0 I c.o M DOC NO 1997-031 6234 --- ? ~~ ~?~~ w C C) z 0::: 0 m ~ r~ ~ 'ti'-~ ? ~'ti'-~?~ ~~ ~F EXISTING ELECTRIC VAULT 16' 12' 8' 4' 0 16' 32' r-.•-·-·-·---·-·-1 /16"=1 '-0" 1. AREA OF ENCROCAHMENT \ LOT2 TRACT 94-09 APN: 211-022-22-01 I \ \ -0 \ \ \ ELECTRICAL LINE TO BE BORED MAINTAINING 12" VERTICAL CLEARANCE BETWEEN CONDUIT AND EXISTING WATERLINE TELECOM ENCROACHMENT FOR CA200150 CARLSBAD 5620 PASEO DEL NORTE PROJECT PD2019-0003 DRAWING NUMBER EAGREE2019-0001 EXHIBIT C OALIFOANIA 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 8nlife11~i• ~.e-..> --S~e., County of tf C>C'f", S On (h Crt. ~~ d CJ, 2£) \ S before me, , Date personally appeared ; ,Anf'&L ff]~ ba-M1 /VrJp"1 Plt-h'1l Oef\ I i2 11 € DeU. -J--c;;z u' (e t rr~.irl,n~ Here Insert Name and Title of t Officer. £' b CA;;a,~ , .L\')':); ;')-t 01-\ Sec re -\(10\ Nam s) i/ner(s) :....J 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 TY OF PERJURY under the laws of the State of Celif,rm that the foregoing paragraph is true and correct. .(l.uJ Jt.f' :.1 WITNESS my h0d official seal. Signature ~j-h :LZJ Uc~ Signature of Notary Public ANNA M DORNE ~ Plblic · :3tate rA New~ • Commission # 2325557 ......,_ .. , Corrm. ires A . 26 2020 ---------------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: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner - D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: ______________ _ D Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 4 01/25/13