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Home My WebLink AboutPIP 05-24; Palomar Airport Road LLC; 2014-0529086; Encroachment Agreement, RECORDING REQUESTED BY: LANDAMERICA COMMERICAL SERVICES RECORDING REQUEST BY CITY OF CARLSBAD AND WHEN RECORDED, PLEASE MAIL TO City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENT TO EXEMPT 102Q7 DOC# 2007-0288270 APR 27, 2007 1 "49 PM OFFICIAL RE CORD1:. •W! DIEf.O COUNTV RECORDER": OFFICE GRFliHRYJ SMITH COUNTY RECORDER FEES 0 00 P-GES 11 Space above this line for Recorder's use ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY Assessor's Parcel No 213-262-01-00 213-262-02-00 213-262-03-00 213-262-04-00 213-262-05-00 Project No & Name PIP 05-24 The Towers at Bressi Ranch [PR 06-91] This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT ("District"), and Palomar Airport Road, LLC, a Minnesota limited liability company, ("Owner") 1 The Property Owner is the owner of that certain real property located at Bressi Ranch, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-262-01 through 05, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference 2 The Easement District currently owns an existing easement over, under, and across Owner's property for waterlme purposes 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 construct enhanced pavement within the waterlme 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 H /Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev 06/14/95 10208 (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 (1) loss of 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 Engineer or the District Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property, and Owner shall provide a security bond in a mutually agreed upon amount equal to the estimated cost of the work of removing the encroachment for the term of the encroachment (E) The Owner shall maintain a policy of liability insurance in an amount of at least one million dollars ($1,000,000) naming the District as an additional insured in order to protect the District from any potential claims which may arise from the encroachment 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 Mark Stone, General Manager Carlsbad Municipal Water District 5950 El Cammo Real Carlsbad, California 92008 If to the Owner Palomar Airport Road, LLC c/o Ryan Companies U S 9171 Towne Centre Dr, Ste 460 San Diego, CA 92122 which addresses may be changed from time to time by providing notice to the party in the manner described above 6 Waiver District's consent to or approval of any act or omission by the 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 H /Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev 06/14/95 10209 approval to any subsequent act of Owner Any waiver by District of any default concerning the same or any other provision of the Agreement 7 Successors and Assigns This Agreement shall be binding and mure 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 deed 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 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this "f day of .20 e"l DISTRICT CARLS OWNER Palomar Airport Road, LLC, a Minnesota limited liability company BY Ryan Companies U S , a Minnesota corporation, it's Class A Member (name of By Timothy M Gray (title of signatory) By (sign here) (title of signatory) APPROVED AS TO FORM INE M WOOD, Board of Directors U RONALD R BALL General Counsel (Notarial acknowledgement of execution of Owner must be attached ) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant secretary must sign for corporations If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation ) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute the instrument) H /Development Setvices/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev 06/14/95 10210 Slaie of CaJrfemra W-e/vye.^^ ) County nf.Raa-!3tftgn ) On ftWcjy 7, ^#7 before me>A (-l</H', (Date) personally appeared ' (Name, Title of Officer) /W C-/EW Ofo ly-^^'d^-f- o/ '<y 05, f(jL CL. (Name[s] Of t D personally known to me -OR - D (or 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 entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal Signature of Notary JUOYA.HERMAN80N Notary ^-jblto-Minnesota (This area for official notary seal) Title or Type of Date Document Signer(s) other Document of than named above No of Pages H \Development Services\PROJECTS\PIP FILES\PIP 05\PIP 05-24 Bressi Ranch PA 4 Lots 24-28 - Van Peski\Deeds-Easement\SUBORDINATION AGT TRUST DEED HOLDERS CMWD (PIP 05-24) doc Rev 5/31/00 EXHIBIT "A"10211 LOTS 24-28 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OE CARLSBAD, COUNTY OE SAN DIEGO, STATE OE CALIFORNIA, ACCORDING TO THE MAP THEREOF NO. 14960 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 4, 2005. THIS PROJECT ENCOMPASSES ASSESSORS PARCEL NUMBERS: 213-262-01; 213-262-02; 213-262-03; 213-262-04; AND 213-262-05 CALIFORNIA COORDINATE INDEX OF THIS PROJECT: E6.252. N1.992, crrr OF OCEANSIDE PACIFIC OCEAN ROJECT SITE CITY OFMARCOS CITY OF ENCINITAS SEPTEMBER 28, 2006 PR 06-91 PIP 05-24 DRAWING NO. 422-2 PAGE 1 OF 1 THE TOWERS AT BRESSI RANCH PRIVATE HARDSCAPE ENCROACHMENT EXHIBIT "A" CITY OF CARLSBAD, CA -LANG- engineering co. Consulting Engineers Land Planners 561 SAXONY PLACE SUITE 101B ENCINITAS, CALIFORNIA 92024 SCALE: N/A JOB No . 050S01 DRA^N BY- G W L ACAD f 050801 -ENCROACH CHKD ROL EXHIBIT "B" THAT WATERLINE EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT OVER, ACROSS AND UNDER THOSE PORTIONS OF LOTS 24-28, CT 02-15, CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, RECORDED FEBRUARY 4, 2005 IN THE COUNTY RECORDER OF SAN DIEGO COUNTY, MORE, PARTICULARLY DESCRIBED IN THE GRANT DEED OF EASEMENT L RECORDED AS FILE NUMBER £t_D_£ cmr OF OCEANSIDE PACIFIC OCEAN OJECT SITE CITY OF ENCINITAS SEPTEMBER 28, 2006 PR 06-91 PIP 05-24 DRAWING NO. 422-2 PAGE 1 OF 1 THE TOWERS AT BRE0SI RANCH PRIVATE HARD0CAPEENCROACHMENT EXHIBIT "B" CITY OF CARLSBAD, CA -LANG- engineering co. Consulting Engineers Land Planners 561 SAXONY PLACE SUITE 101B ENCINITAS, CALIFORNIA 92024 SCALE: N/A JOB No. 050801 DRA^N BY G W L ACAD #: 050801 -ENCROACH CHKD; RGL 1 1 , 1 1 EXHIBIT "C"10213 PALOMAR AIRPORT ROAD Jar GATEWAY ROAD SEPTEMBER 28, 2006 PR 06-91 PIP 05-24DRAWING! NO. 422-2 PAGE 1 OF 5 THE TOWER0 AT BREpSI RANCH PRIVATE HARD0CAPEENCROACHMENT EXHIBIT "C" CITY OF CARLSBAD, CA -LANG- engineering co. Consulting Engineers Land Planners 561 SAXONY PLACE. SUITE 101B ENCINITAS, CALIFORNIA 92024 SCALE: 1" = 150' JOB No 050801 DRA^N BY G W L ACAD # 050801-ENCROACH CHKD RGL 1 75' 150'300: PRIVATE HARDSCAPE PROPOSED OFFICE BUILDING A WITHIN PUBLIC WATERLINEEASEMENT 20' WATER LI HE EASEMENT PROPOSED OFFICE BUILDING G PR 06-91 PIP 05-24 DRAWING NO. 422-2 PACIFIC OCEAN ROJECT SITE CITY OF ENCINITAS SEPTEMBER 28, 2006 PAGE 2 OF 5 THE TOWERS AT BRESSl RANCH PRIVATE HARDS'CAPE ENCROACHMENT EXHIBIT "C" CITY OF CARLSBAD, CA -LANG- engineering co. Consulting Enginears Land Planners 561 SAXONY PLACE, SUITE 1018 ENCINITAS CALIFORNIA 92024 SCALE: 1" - 30' JOB No. 050801 DRAW BY' OWL ACAD #, 050801 -ENCROACH CHKD RGL 0 15' 30'60: 10215 HI PROPOSED OFFICE BUILDING E 20 WATERLINE EASEMENT PROPOSED OFFICE BUILDING C PRIVATE HARDSCAPE WITHIN PUBLIC WATERLINE EASEMENT 20 WATERLINE—, EASEMENT CITY OF OCEANSIDE PR 06-91 PIP 05-24 DRAWING! NO. 422-2 OJECT SITE SAN MARCOS CITY OF ENCINITAS SEPTEMBER 28, 2006 PAGE 3 OF 5 THE TOWERS AT BRESSI RANCH PRIVATE HARDSCAPE ENCROACHMENT EXHIBIT "C" CITY OF CARLSBAD, CA -LANG- engineering co. Consulting Engineers Land Planners 561 SAXONY PLACE, SUITE 101B ENCINITAS, CALIFORNIA 92024 SCALE: 1" = 30' JOB No 050B01 DRAWN BY, G W L ACAD f 050801 -ENCROACH CHKD RGL -T 5' 30'60' PROPOSED]OFFICE BUILDING E 10216 I PROPOSED OFFICE BUILDING F 20 WATERLINE EASEMENT PRIVATE HARDSCAPE\ WITHIN PUBLIC WATERLINE EASEMENT crrr OF OCEANSIDE PR 06-91 PIP 05-24 DRAWING NO. 422-2 PROJECT SITE CfTY OF ENCIHITAS SEPTEMBER 28, 2006 PAGE 4 OF 5 THE TOWERS AT BRE0SI RANCH PRIVATE HARDSCAPE ENCROACHMENT EXHIBIT "C" CITY OF CARLSBAD, CA -LANG- engineering co. Consulting Engineers Land Planners 561 SAXONY PLACE SUITE 1018 ENCINITAS CALIFORNIA 92024 SCALE: 1" JOB No . 050801 = 30' DRA^N BY OWL ACAD f 050801 -ENCROACH CHKD: RGL 0 15'30' 60' 10217PROPOSED OFFICE BUILDING N PRIVATE HARDSCAPE WITHIN PUBLIC WATERLINE EASEMENT PROPOSED OFFICE BUILDING R20 WATERLINE — EASEMENT GATEWAY ROAD CITY OF OCEANSIDE PR 06-91 PIP 05-24 DRAWING NO. 422-2 OJECT SITE CITY OF ENCINITAS SEPTEMBER 28, 2006 PAGE 5 OF 5 THE TOWERS AT BRESSI RANCH 'C" PRIVATE HARDSCAPE ENCROACHMENT EXHIBIT CITY OF CARLSBAD, CA -LANG- engineering co. Consulting Engineers Land Planners 561 SAXONY PLACE. SUITE 101B ENCINITAS CALIFORNIA 92024 SCALE: 1' JOB No. ACAD f 050801 .= 30' DRA^N BY. G W L 050S01-ENCROACH CHKD RGL I \— 0 — T 15'30' 60'