Loading...
HomeMy WebLinkAboutPD 2019-0016; Roman Catholic Bishop of San Diego; 2019-0256420; 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# 2019-0256420 111111111111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Jun 28, 2019 01:17 PM OFFICIAL RECORDS Ernest J Dronen burg, 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.: 205-270-44-00 -----------PROJECT ID: PD2019-0016 -----------PROJECT NAME: ST PATRICK EV CHARGING RELATED PROJECT ID: EAGREE2019-0028 RELATED PROJECT ID: ROW2019-0510 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 The Roman Catholic Bishop of San Diego, a corporation sole ("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 3821 Adams Street (address) in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number205-270-44-00, 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: The Roman Catholic Bishop of San Diego, a corporation sole 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. Ill Ill Ill 2 01/25/13 I~ WITNESS WHEREOF, these parties hereto have executed this Agreement on this~"{ day of Moai '204. owr.;-=i-'. f TJ../£-· R·oniC\tl · Ca-\"'o\ic. Baj.ho{) 0 j ii'Z~:;z:o:;_ (Sign Here~ ~ U!J,Ui4fll F:tJ~ (Print Name Here) By: -------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: Assistant City Attorney 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 RCE Exp. 6{!°'20 9 ·,.._____ See Attached Acknowledgment 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 C~ornia ~ County~f ;:GL c:) ~ 1~ On S -c?Y-\1 Date personally appeared ----"-''-----==----+-Hr-+---'-""-_,,._._-+----~-4.,:::;;,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 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 4 01/25/13 EXHIBIT-A LEGAL DESCRIPTION OF REAL PROPERTY Parcels 1,2 and 3 of Parcel Map No. #3980 in the City of Carlsbad, county of San Di•go, Statw of California·, filed in the office of thn County Recorder of San Diego County, July 30, 1975 as file no #75-198993 of official records. EXCEPTING THEREFROM All that portion of Lot 236 Of Thwalan~s in the City of Carlsbad according to mnp thereof no. 1661 filed in the office of the County Recorder of said San Diego County December 9, 1915, described as followsa Beginning at the intersection of the center line of Adams Street with the center line ot Tama~ack Avenue as said street and aven~e are shown on map no. 16811 thence south 6i-" 20'4511 west along tbe c&nter line of Tamarack Avenue 208.00 feet1 ,thence Nort.b 28• 39 1 west 392.70 feet to the true point of beginning; thence continuing North 28' 39' West 104.71 feet to a point on the South line of tha~ parcel of iand described in dead to Edwin H. Vernar et ux recorded sept811ber 16, 1948 in Book 294B Page 108, Official Records, thence along-said South line North 61• 21 1 1511 East; (.record 61° 21 'Bilet) 208,00 feet to ~he cen~er line of Adams Street as said street is shown on said Map No. 1681, ehen~e BoUth 28 39 1 Bast along said center line drawn Morth 611 21 1 15 11 Baet from t.he t.rue point of beginning, thence South 611 21 '15" trest 208. 00 feet to the true point of begil'ming. APN 205-270-44-00 EXHIBIT - B LEGAL DESCRIPTION OF EASEMENT An easement 15.00 feet in width for the construction and maintenance of water Illllins and appurtenances over, under, along And acJ;O&s that portion of Tract No.236 of Thum Lands according to Map thereof No.1681 on file in the Office of the county Recorder of San Diego County, in the City of Carlsbad, County of San Diego, State of California, lying 7.50 feet each side of and parallel with the following described centerline: COMMENCING at the interaection of the centerline of Tama.rack Avenue wi.th the centerli.ne 0£ Adams Street as shown on i::he Ma.p of Woodland Heights, Map No.4438 on file in the Office of the County Recorder of said County: thence along the centerline of Adams Street North 28° 38' os• west, 536.50 feet; thence leaving said centerline south 61• 21 1 1s• West, 30.00 feet to the TRUE POINT OF BEGINNING, thence continuing South 61° 21' 15" west, 205,00 feet1 thence south 28° 38' os• East, 16.50 feet to the tennination of the described centerlines The sideline of said easement to begin in the Southwesterly line of said Adams Street and te:rminate in a line that bears North 61° 211 15" East through the point of tenninus. JIS234 May 6, 1975 't, APN: 205-270-09-00 ~ ¾ / <', % ":. ~\ !\ APN APN : 205-270-44-00 205-270-44-00 / / / ,. / ;✓ / .. <: ~ \ \ ti. \ \ ~<f \ \ \ ) \..,.~,,, EXHIBIT - C (1) 1¼" CONDUIT EXISTING WATER LINE NOTTO SCALE EXISTING GRADE OF PAVEMENT ' I f--w 0.. (.) w z 0 < z er ~ < w "" _, (.) N \ 205-270-09-00 D RosENDIN c'::, ELECTRIC ENCROACHMENT TYPE: ELECTRICAL LINE TO BE BORED MAINTAINING 12" VERTICAL CLEARANCE BETWEEN CONDUIT AND EXISTING WATERLINE ST PATRICKS ASSOCIATED PROJECT NO. CBC 2019-0012 ENCROACHMENT FOR ST. PATRICK'S CARLSBAD 3821 ADAMS ST ASSESSOR PARCEL NO. 2052704400 EXHIBIT C \ \ \ 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 !}4µ /JJtc{zD On 01-< t]-£ 1c4 20, Cf before me, Ptla noe ,::ro,1)G~ 11/l>F),/Jj /?ttblt_,, Oaten Here Insert Name and Title of the Officer personally appeared --------~~-l\~Z-~G_r=[)_/;_,_71 ..... e=·.....,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 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