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HomeMy WebLinkAboutPIP 07-02; County of San Diego; 2012-0066821; Encroachment AgreementDOCtt 2012-00GG821 lllllllllll lllilllillllilllliilll FEB 06, 2012 8:40 AM RECORDING IS REQUESTED OFFICIAL RECORDS FOR THE BENEFIT OF THE CITY SAN DIEGO COUNTY RECORDER'S OFFICE OF CARLSBAD Ernesl J. Dronenburg, Jr., COUNTY RECORDER OF CARLSBAD FEES: 0.00 WHEN RECORDED MAIL TO: PAGES: City Clerk liiiiiiii CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID: RELATED PROJECT ID: 212-093-07 PIP 07-02 PR 11-45 CD 11-09 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"), the COUNTY OF SAN DIEGO, a political subdivision of the State of California ("Owner") pursuant to that certain Grant Deed of Water Pipeline Easement recorded on November 5, 2001 as Document No. 2001- 0804399 in the Official Records of San Diego County California (hereinafter referred to as the "Easement") which Easement is described in Exhibit "B" attached hereto and incorporated by reference. 8 Palomar Airport Redevelopment, Access Stairway 1. The Propertv. Owner is the owner of that certain real property located within the City of Carlsbad, San Diego County, California, commonly referred to as the McClellan-Palomar Airport, including that portion of the Airport identified as Assessor's Parcel Number 212-093-07 and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. District currently owns the Easement over, under, and across Owner's property. 3. The Encroachment. District hereby covenants and agrees and grants its permission to Owner to allow an access stainA/ay and other improvements necessary to support the construction and use of the stairway to be installed and remain in the Easement. A plat showing the location of the encroachment within the District's Easement is attached as Exhibit "C" hereto and incorporated by reference (hereinafter referred to as the "Encroachment"). 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 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 structure installed hereunder, including any loss, damage, or expense arising out of (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 120 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 at the Owner's expense. The Owner may at its discretion relocate the District facilities to an area mutually agreeable to the Owner and District provided the owner grants the appropriate easements for the District facilities and completes the relocation within the time specified in the notice. (D) The District may remove the Encroachment during the performance of emergency repairs without liability to the District for damages. (E) Whatever rights and obligations were acquired by the District with respect to the Easement, except as expressly altered hereby, 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. 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 Director of Airport City of Carlsbad County of San Diego 1635 Faraday Avenue 1960 Joe Crosson Drive Carlsbad CA 92008 El Cajon, CA 92020 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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 40*1_ day of 'JtitflV&^ , 20JLZ^. OWNER, COUNTY OF SAN DIEGO, a political subdivision of the State of California By: APRIL HEINZE, Director of General Services County of San Diego DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 By: GLEN K. VAN PESKI, City Engineer acting for District PLS 8801 Exp. 12/31/2012 APPROVED AS TO FORM AND LEGALITY: APPROVED AS TO FORM: By: Deputy County Counsel RONALD R. BALL City Attorney Deputy City Attorney OF CALIFORNIA COUNTY OF SAN DIEGO SS On JAfJ^ 4 . before me ^AOU TAM^ult^f^ Deputy County Clerk in and for said County and State, personally appeared A?ft2-tl^ Hi^lhJZ^ Director, Department of General Services, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to within the instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ERNEST J. DRONENBURG, JR., Assessor/Recorder/County Clerk PAOU TA-U<^UiL.t^ - Deputy Encroachment Agreement Exhibit 'A' PR 11-45 THE PROPERTY APN 212-093-07 Parcel No. 2011-0232-A LOT 30 OF MAP NO. 11288, IN THE CITY OF CARLSBAD. COUNTY OF SAN DIEGO. STATE OF CALIFORNIA ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ON JULY 16, 1985. 2041-0232A-EXH.A.doc)!/200a Encroachment Agreement Exhibit 'B' PR 11-45 THE EASEMENT Parcel No. 2011-0232-B A Water Pipeline Easement granted to Carlsbad Municipal Water District in a deed recorded November 5, 2001 as Document No. 2001-0804399 in the Office of the County Recorder of said County, being a portion of Lot 30 of Map No. 11288, in the City of Carlsbad, County of San Diego. State of California, according to Map thereof filed in said County Recorder's Office. EASEMENT LINES LANDING/FOOTING U—J STAIRWAY FOOTPRINT EXISTING SIDEWALK RESTORATION LOT 30 MAP 11288 Water Pipeline Esmt, CMWD 11-05-2001, Doc.#2001-0804399 N: 1990252.96 E: 6246092.13 j PROPOSED SOIAR LIGHT 2' FOUNDATION EXISTING SIDEWALK N: 1990238.33 E: 6246098.72 5-1-93.42 N: 1990237.66 \E: 6246095.11 ' EXISTING SIDEWALK INDEX MAP NO SCALE 1"=5' •Hr^ Kimley-Hom IHL-J and Associates, Inc APN 212-093-07 MCCLELLAN PALOMAR AIRPORT ACCESS STAIRWAY ENCROACHMENT EXHIBIT C Proj. ID: PIP 07-02 DWG. No PR 11-45 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S On JtMvj • l'^^ ^oO before me. Date personally appeared } Here Insert Name and TltlC of the Officer » Name(s) of Signer(s) TERIE L. ROWLEY Commission # 19S2691 Notary Public - California San Ditgo County Comm Expim Oct 15.20151 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(^whose name(^is/aj;^ subscribed to the within instrument and acknowledged to me that he/s\;^h&( executed the same in his/l^r/th^ authorized capacity(ie3^^ and that by his/h^th^r signature(^ on the instrumem the person^^ or the entity upon behalf of which the person(^efcted, executed the instrument. I certify under PENALTY 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. '"-^"^ OPTIONAL Signature of Notary Publ Though 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 of Attached Document Title or Type of Document: e>\c^A^^/^g^'A-T ^-,^-cv^e>n Document Date: Signer(s) Other Than Named Above: 1 Number of Pages: 3 h 3vU^^^ -V ) ^^-U^^ Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • Gefieral • Attorney in Fact • Trustee • Guardian or p6nservator • Other: Signep^ Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • GefT§ral • Attorney in Fact • Trustee • Guardian or Cop^ervator • Other: Signer Is^epresenting: RIGHTTHUMBPRINT OF SIGNER Top of thumb here © 2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Cfiatswortfi, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1 -800-876-6827