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HomeMy WebLinkAboutPD 2019-0011; ALPS Lodging Inc; 2019-0436246; 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# 2019-0436246 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Oct 01, 2019 02:10 PM OFFICIAL RECORDS Ernest J Dronen burg, Jr, SAN DIEGO COUNTY RECORDER FEES $0 00 (SB2 Atkins $0.00) PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-450-24-00 -----------PROJECT ID: PD2019-0011 .....;...;;;..;;;..;'-'--'-....C...C.------- PROJECT NAME: 751 RAINTREE RELATED PROJECT ID: EAGREE2019-0023 RELATED PROJECT ID: ROW2019-0600 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into by and among the CITY OF CARLSBAD ("City"), Hotel Energy Solutions, LLC, a California limited liability company ("Developer") and ALPS Lodging Inc., a California corporation ("Owner''), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property and Project. Owner is the owner of that certain real property located at 751 Raintree Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 214-450-24-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. Pursuant to that certain Photovoltaic System Lease Agreement dated as of August 24. 2018 (a memorandum of which was filed in the Official Records of San Diego County as document no. 2019- 0113794 on March 29, 2019), Developer will engineer, construct, operate, and maintain a photovoltaic solar-plus-battery-storage project on Owner's property that will include the construction and installation of certain carports and underground electrical conduits, • among other facilities (the "Project"). 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for drainage 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 and Developer to allow (i) electrical conduit and carports installed in connection with the Project to remain in a portion of the easement described above and (ii) the installation, reinstallation, operation, maintenance, and removal of such conduit and carports from time to time. 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: 9/5/2014 (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole joint and several cost, risk, and responsibility of the Owner, the Developer, and the successors in interest of each. (8) The Owner and Developer shall jointly and severally 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 encroachment described herein, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (C) In connection with any activity of the City permitted under its easement agreement with Owner, Owner and Developer agree, on a joint and several basis, to remove or relocate any part of the encroachment required to carry out such activity as soon as reasonably practicable following receipt of notice from the City Engineer, but in any case no later than 30 days following receipt of such notice, or the City Engineer may cause such work to be done and Developer shall pay the reasonable cost thereof. (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 2725 Palomar Airport Rd. City of Carlsbad St. #100 1635 Faraday Avenue Carlsbad, CA 92009 Carlsbad CA 92008 Attn: Sharad Khandwala If to the Developer: 111 New Montgomery St. Suite 500 San Francisco, CA 94105 Attn: Dan Martin 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 or Developer shall not constitute a waiver of any other default by Owner or Developer and shall not be deemed a waiver or render unnecessary City's consent for approval to any 9/5/2014 subsequent act by Owner or Developer. 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 this 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. this "qttJTNESS WHEREOF, these parties hereto have executed this Agreement on I day of ~ , 20.f!_. ALPS LODGING INC. (OWNER) ~=~ (SignHere) S \or~ 4aQ ~., lQ--'l.- (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: JJ¥oN94 Assistant City Attorney 9/5/2014 CITY OF CARLSBAD, a municipal corporation of the State of California HOTEL ENERGY SOLUTIONS, LLC (DEuJE~-::C By o ~ ])Ml GL MM?tJ IV (Print Name Here) 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 -.Sa.II\ ~J~ q On 9U./{9i Date c., cc~ ~A-&v1dMd-e2 rv 4 h1:t r?>A bl , "c. .. Here Insert Name and Title of the Officer before me, personally appeared ----"J=--Gt--=-&=o=iV\'--'---=s_,-----{.[;_..,-e"-=-l.....,d""'----""'1.,cu-1+-+---------------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s).-whose name(st-is/are-- subscribed to the within instrument and acknowledged to me that he/S,be~ executed the same in his/hootpeir authorized capacity(ie,st, and that by his/ber/t.beir signature(sron the instrument the person(st; or the entity upon behalf of which the person(s}-acted, executed the instrument. . ·•• • .. • •~~ • • • • • ••• •. •••••••••••••••••••••••••••• • '-. • n--. n .-.•.••••••••1 :: ~ Cecelia Fernandez ~ ··:::: ~ COMM #2166624 -4 11. --~ ~. · NOTARY PUBLIC • CALIFORNIA i ~ 0~ · SAN DIEGO COUNTY N ~ ' · Commission Expires Oct 30, 2020 j ~----·"'•"-·•··•,I' .......... .,. ............................................................... -. 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. Signature ___ ~~------~~~~----- Signature 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: .... &~ev.~~~--cki.=----~p-:------"''---'--------"~~..e_('-=~c.=,cc---=---........_----,,,,__7........,.S ..... l.___,&L..C::...----=--;"''----'------'-\'vc...;:__~_-t..~ ___ _ Document Date: ___________________ • Number of Pages: _____ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ C Corporate Officer -Title(s): ______ _ ::J Corporate Officer -Title(s): ______ _ 1--: Partner -□ Limited □ General [J Partner -□ Limited □ General C Individual □ Attorney in Fact ::.-: Individual □ Attorney in Fact C Trustee □ Guardian or Conservator G Trustee □ Guardian or Conservator :.=Other: _____________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CMLCODE§1188 ••• #Ai A ¥:OH d3ii9fAsA. !Rf -Ii 9k A 9 W 34 # !?E A VS -iJPIIWMt4 R 1 Pl PP 2NMI A nolary public or olher oflicet' completing this ceitificale verifies Oflly lhe Identity of the Individual who signed the docwnent to which this cetfical.e Is altaehed, and not the trulhfuNss. acancy, or validity of that docwnent. 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 hafshelthey executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. ___ __...._w I certify under PENAL TY OF PERJURY under the laws of the State of CaNfomla that the foregoing paragraph is true Md correct. WITNESS my hand~and official . Signature _ ___._"""----.,,,c------v-----Signature tary Public --------------OPnONAL-------------- Though this section Is optional, completing this Information can deter alteration of the document or fraudulent taattachment of this an unintended document. Description of Attached Document Title or Type of Document: ----,,,C.------- Number of Pages: __ _ capaclty(lesJ Claimed 1,y S1anar1-1 Signer's Name:------+-------□ Corporate Officer -Title(s): _,__ ____ _ Signer's Name:.::----=::1"'.'--:--:-------- D Corporate Officer - D Partner -D Limited D ,....-i_,., □ Partner -□ Limit D Individual D Attorney I Fact D Individual D D Trustee D Guardian r Conservator □Trustee D D Other: ---------1-------D Other: __________ _ Signer Is Representing: _______ _ Signer Is Representing: _______ _ .SC awe : i.! C Ji U ;sou;..•=•• C a: M ee:a.w:c: www e2014 National Notay Association• www.NallonalNotary.org • 1-800-US NOTARY (1-~76-6827) Item #5907 9/5/2014 ' 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 CALIFORNIA ALL-PURPOSE Certificate of Acknowledgment State of California County of San Diego On At~+-I? ,2019 before me, M. McFadden, Notary Public personally appeared ,Sharad k-hand c;Jo.i_c,t__ who proved to me on the basis of satisfactory evide~. to be the person( s) whose name{ s Yis!lre subscribed to the within instrument and acknowledged to me tha~she/they executed the same i@er/their-authorized capacity( ies ), and that b~er/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 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. C/lt~ McF::::: (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE A TT ACHED DOCUMENT: EJ.lrrtttdunt1,cf-~ eat11LJ;:t (Title or description of attaced document) (Title or description of attached document continued) Number of Pages_3 ___ Document Date __ _ (Additional Information) CAPACITY CLAIMED BY THE SIGNER __ Individual(s) ~orporate Officer (Title) __ Partner(s) _Attorney-in-Fact _Trustee(s) _Other ___________ _ "· EXHIBIT A Legal Description of Property THE LAND REFERRED TO HEREIN IS SITU A TED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, ST ATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP 14028 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 18, 1989. EXCEPTING ALL MINERAL RIGHTS NOT HERETOFORE OTHERWISE CONVEYED OR RESERVED, INCLUDING WITHOUT LIMITATION ALL OIL, GAS, HYDROCARBON AND SIMILAR RIGHTS AND ALL WATER, WATER RIGHTS, GEOTHERMAL STEAM AND STEAM POWER, WITHIN OR UNDERLYING THE REAL PROPERTY HEREIN, TOGETHER WITH THE PERPETUAL OF RIGHT OF DEVELOPMENT THEREOF; PROVIDED HOWEVER, THAT THE RIGHTS HEREIN EXCEPTED DO NOT INCLUDE THE RIGHT TO ENTER UPON THE SURFACE AND THE TOP 500 FEET OF THE SUBSURFACE OF THE REAL PROPERTY HEREIN, RESERVED IN THE DEED FROM CARLSBAD CORNERS INC., RECORDED JUNE 27, 1984 AS INSTRUMENT NO. 84-242732, OF OFFICIAL RECORDS. EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE CITY OF CARLSBAD BY GRANT DEED RECORDED JULY 7, 1993 AS INSTRUMENT NO. 1993-0432398 OF OFFICIAL RECORDS AND DESCRIBED AS FOLLOWS: A PORTION OF PARCEL I, OF PARCEL MAP NO. 14028, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 18, 1985 AS INSTRUMENT NO. 85-434716 OF OFFICIAL RECORDS. SAID PORTION OF PARCEL I LYING SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL I; THENCE NORTH 2° 50' 10" WEST (NORTH 3° 22' 19" WEST RECORD, NORTH 2° 50' 55" WEST CAL TRANS RWL03760-3767, M.S. 775) 17.72 FEET ALONG THE EAST LINE OF SAID PARCEL I TO THE POINT OF BEGINNING. THENCE SOUTH 68° 11' 55" WEST 85.65 FEET TO THE BEGINNING OF A NON-TANGENT CURVE TO WHICH A RADIAL LINE BEARS SOUTH 17° 14' 16" EAST, SAID CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 1767.00 FEET; THENCE SOUTHWESTERLY 128.46 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4° 09' 55"; THENCE SOUTH 76° 55' 39" WEST 171.04 FEET; THENCE NORTH 52° 14' 21" WEST 31.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL I AND THE POINT OF TERMINUS. SAID POINT BEING ON A CURB TO WHICH A RADIAL LINE BEARS NORTH 87° 02' 38" WEST. SAID CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 458.00 FEET (458.00 FEET RECORD); THENCE SOUTHERLY 17.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2° 08' 03" TO A POINT OF COMPOUND CURVATURE THROUGH WHICH A RADIAL LINE BEARS NORTH 89° 10' 41" WEST (NORTH 89° 52' 51" WEST RECORD). APN: 214-450-24-00 9/5/2014 EXHIBIT B A 12.0' DRAINAGE EASEMENT GRANTED TO THE CITY OF CARLSBAD, AS SHOWN ON MAP NUMBER 10899, 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 APRIL 11, 1984. EXHIBIT "C" ------------ \ l-(E) CL OF WATERLINE EASEMENT (15'WIOTH) \ \ N [D SITE PLAN Scale: 1' = 80' $ LEGEND -- --, MAX (3) U/G 2" PVC SCHED 40 CON:TS --\ (N) PV CARPORT 2 _ AREA s 3,156 SQ. FT. ~-------ip,."""'1..tl -- --pO\NSE• • \ ---- ~ PROPOSED NEW PV CANOPY STRUCTURE SITE ADDRESS: 751 RAJNTREE OR, CARLSBAO,CA 92011 APN: 214-450-24-00 PARCEL 2.797 ACRES PARCEL MAP NO. 14028 MINOR SUBDIVISION NO. 678 MAP NO. 10699 LOT4, LOT5 TITLE ENCROACHMENT FOR ALPS INNOVATIONS SOLAR CARPORT INSTALLATION FOR 751 RAINTREE DATE: 3-27-2019 DRAWN BY: OJB SHEET 1 OF2 7 I EXHIBIT"C" 12"~1N ClEAAANCE 24" MJN DEPT>< OF COVE DJ SECTION A-A Scale: 1/2' = 1 '-0' FG OF EX. PAVEMENT PROPOSED (3) 2• CONDUITS NOTE: SLURRY ENCASEMENT DYED RED NOTE: PROVIDE ADDITIONAL SIGNAGE IF REQUIRED BY A.H.J. I (E) BUILDING 7~ A N (E) 12' WIDE DRAINAGE EASEMENT_/ PER MAP NO. 10899 _ ------ MAX (3) U/G 2" PVC SCHED 40 CONOUITS .,, / /.,, [Tl AREA OF ENCROACHMENT $ Scale: 1' = 30' SITE ADDRESS: TITLE 751 RAINTREE DR. CARLSBAD.CA 92011 APN: 214-450-24--00 PARCEL 2.797 ACRES PARCEL MAP NO. 14028 MINOR SUBDIVISION NO. 678 ENCROACHMENT FOR ALPS INNOVATIONS MAP NO. 10899 LOT 4, LOT 5 SOLAR CARPORT INSTALLATION FOR 751 RAINTREE .,, \ I \ I \ I ) DATE: 3-27-2019 DRAWN BY: DJB SHEET2OF2