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HomeMy WebLinkAboutPIP 09-02; BMR GAZELLE COURT LLC; 2010-0462306; Encroachment AgreementDOCtt 2010-0462306 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 SEP 02, 2010 10:49 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 48.00 PAGES:12 Space above this line for Recorder's use. ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY Assessor's Parcel No. 209-120-11 & 17 Project No. & Name PR 10-12 Isis Pharmaceuticals / PIP 09-02 This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT ("District"), and BMR Gazelle Court LLC, A Delaware limited liability company, ("Owner"). 1. The Property. Owner is the owner of that certain real property located at 2855 Gazelle Court, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 209-120-11 & 17, 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 waterlines and appurtenances 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 place surface improvements over the existing 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. H:/Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev.06/14/95 1 (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, Deputy Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 If to the Owner: BMR Gazelle Court LLC 17190 Bernardo Center Drive San Diego, CA 92128 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 approval to any subsequent act of Owner. Any waiver by District of any default concerning the same or any other provision of the Agreement. H:/Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev.06/14/95 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 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. L//1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ( -^ day of vJtgvNt . 20 OWNER:DISTRICT: CABkSBAD MUNfCIPAL WATER DISTRICT (name of owner By: (title of signatory) Kb Hildabrand, Executive Manager LORRAIN£M. W Board of Directors (sign here) (title of signatory) APPROVED AS TO FORM: RONALD R. BALL, General Counsel (Notarial acknowledgement of execution of Owner must be attached.) (Chairman of the Board, President, or any Vice-President and secretary, any assistant secretary, the Chief Financial Officer, or any assistant treasurer must sign for corporations. If only one officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering that officer 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 Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev. 06/14/95 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of * H} >Q1> before me, personally appeared U^W r^ \ >rvv^ p. , (Here insert name and title of the-mficer) t «. 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. m>hand and official seal. Signature of Notary Public CHRISTY D. BARTLETT Commission # 1884573 Notary Public • California San Diego County MyComnUxDiresMar29.2014 (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER D Individual (s) D Corporate Officer D D D D (Title) Partner(s) Attorney-in-Fact Trustee(s) Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial -wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/theyr is /we) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. * Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. * Indicate title or type of attached document, number of pages and date. * Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Dahf personally appeared ame(s) of Slgner(s) CHRISTY D. BARTLETT Commission #1684573 Notary Public - California San Diego County_ 1 Comm. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Js/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (I es), and that byjTjs/her/their signature(s) on the instrument the person(s), or the entity^ upon behalf of which the personjs) 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 Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public 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: Document Date: .. Number of Pages:. Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ___^__ D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name:_ D individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association- 9350 De Soto Ave., P.O.Box 2402 'Chatsworth, CA 91313-2*02' www.NattonalNotary.org Item #5907 Reorder:CallToll-Fiee 1-800-876-6827 H:\Development Services\PROJECTS\PIP FILES\PIP 09\PIP 09-02 ISIS Pharmaceuticals - Wickham\Deeds-Easement\Grant Deed of Easement CMWD- PR 10-06.docREV 4/15/10 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ^J Date personally appeared ffi.r^beforeme. . I ui Here Insert Name and Title of the Officer NarfieTS) of Signer(s) SHEILA RENAE COWAN Commission * 1848471 Notary Pubttc-Ctmomta SanDtago County My Comm. Expires May 10.2013 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(e) whose name{s)(fs5!a*e-6ubscribed to the within instrument and acknowledged to me that -ke(sFIg)lthey executed the same in •N^fiei^betnauthorized capacity(ies)r7 and that by4«Si(per^hetrsignaturetS) on the instrument the personfs), or the entity upon behalf of which the person(sj 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. Signature . OPTIONAL Signature iry Public 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: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org' Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 APRIL 01, 2010 J.N. 091278 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION PARCEL "A" OF ADJUSTMENT PLAT ADJ. 09-05 PER CERTIFICATE OF COMPLIANCE CE 09-14 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JANUARY 19, 2010 AS DOCUMENT NO. 2010-0024854 OF OFFICIAL RECORDS. 70 O:\Legal_Descriptions\091278\ENC-EXA.DOC APRIL 01, 2010 J.N. 091278 PAGE 1 OF 1 EXHIBIT "B" LEGAL DESCRIPTION AN EASEMENT IN FAVOR OF THE CARLSBAD MUNICIPAL WATER DISTRICT IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON , 2010 AS DOCUMENT NO. 2010- OF OFFICIAL RECORDS. 0:\Legal_Descriptions\091278\ENC-EXB.DOC EXHIBIT JC' •6" ROLLED CURB & GUTTER INTERLOCKING PAVERS LANDSCAPE AREA 0' PRIVATE SEWER LATERAL 40' ENHANCED CONCRETE SCALE: 1" = 40' WATER _ /1//1//V \ft, CITY OF . OCEANSIDE Ngx HIGHWAY, DESCRIPTION PARCEL 'A ' OF ADJUSTMENT PLA T ADJ-09-05 PER CERTIFICATE OF COMPLIANCE CE 09-14 RECORDED JANUARY 19, 2010 AS FILE NO. 2010-0024854. EXISTING EASEMENTS T 20' WIDE PUBLIC WATER EASEMENT RECORDED 2010 AS DOC. NO. OCEAN LEGEND EXISTING BOUNDARY ---- EXISTING EASEMENT ----- CITY OF ENCINITAS VICINITY MAP NO SCALE CITY OF CARLSBAD APPLICANT:EXHIBIT C DATE: APRIL 7, 2010 ISIS PHARMACEUTICALS 1896 RUTHERFORD RD. CARLSBAD, CA 92008 (760) 931-9200 SHEET 1 OF 3 SHEETS CONSULT T S 2710 Loker Avenue West, Suite 100, Carlsbad, Ca 92010 760-931-7700 www.ODayConsultants.com A.P.N. 209-120-11.17 P.R. 10-06 l:\091278\0978PA02.dwg May 24, 2010 8:30am Xrefs: 0978BMAP; 09787STR; 09787UTL; 0978BUTL; 0978BGRO; 0978V1C EXHIBIT 'C' WATER MAIN FIRE ACCESS (TUFFTRACK GRASS PAVERS)PRIVATE STORM DRAIN EXISTING EASEMENTS 71 20' WIDE PUBLIC WATER EASEMENT RECORDED — JI, 2010 AS DOC. NO. LEGEND EXISTING BOUNDARY EXISTING EASEMENT CITY OF CARLSBAD APPLICANT:EXHIBIT 'C'DATE: APRIL 7, 2010 ISIS PHARMACEUTICALS 1896 RUTHERFORD RD. CARLSBAD, CA 92008 (760) 931-9200 SHEET 2 OF 3 SHEETS CONSULT fiU T S 2710 Loker Avenue West, Suite 100, Carlsbad, Ca 92010 760-931-7700 _ www.ODayConsultants.com A.P.N. 209-120-11.17 P.R. 10-06 l:\091278\0978PA02.dwg May 24, 2010 8:30am Xrefs: 0978BMAP; 09787STR; 09787UTL; 0978BU1L; 0978BGRD; 0978VIC EXHIBIT 'C' PRIVATE STORM DRAIN WATER MAIN •6 F.H. ASS'Y FIRE ACCESS (TUFFTRACK GRASS PAVERS) EXISTING EASEMENTS 1 2Q' WIDE PUBLIC WATER EASEMENT RECORDED J3L, 2010 AS DOC. NO. LEGEND EXISTING BOUNDARY EXISTING EASEMENT CITY OF CARLSBAD APPLICANT:EXHIBIT C DATE: APRIL 7, 2010 75/5 PHARMACEUTICALS 1896 RUTHERFORD RD. CARLSBAD, CA 92008 (760) 931-9200 SHEET 3 OF 3 SHEETS CONSULT T S 2710 Loker Avenue West, Suite 100, Carlsbad, Ca 92010 760-931-7700 www.ODoyConsultants.com A.P.N. 209-120-11.17 P.R. 10-06 l:\091278\0978PA02.d«g May 24, 2010 8:30amXrefs: 0978BMAP; 09787STR; 09787UTL; 0978BUTL; 0978BGRD; 0978V1C Engineering Department - Development Services QMS Data Entry Form -Recorded Agreements To:Records Management Date: June 9. 2010 From: Clyde Wickham _, Project Engineer ext. 2742 INSTRUCTIONS: Project Engineer - Complete document property table below using guidelines given below table. Records Management - Please scan documents into DMS using information in Document Property Table below and using county's recordation date and number found on documents. SPECIAL INSTRUCTIONS: DOCUMENT PROPERTY TABLE Document Class: Recorded Agreement *APN(s): 209-120-11 & 17 *Related Project ID(s): *ProjectlD: PIP 09-02 *Project Name: ISIS Pharmaceuticals •Property Owner: BMR-Gazelle LLC 'Recorded Agreement Type: *FileNo.: 0700-50 Hard Copy Location: Clerk's Encroachment Agreement K Vault eep Until Date: 01/01/9999 Permanent?: YES ' To be completed by Project Engineer GUIDELINES FOR COMPLETION Document Certificate of Compliance Deed Restriction Drainage Fee Payment Agreement Encroachment Agreement Hold Harmless Agreement - Drainage Hold Harmless Agreement - Driveways Hold Harmless Agreement - Geological Hold Harmless Agreement - Panhandle Neighborhood Improvement Agreement Notice of Violation Petition for Assessment District Formation Permanent Stormwater Quality BMP Maintenance Agreement Reimbursement Agreement/Release Release a Lien SDG&E Joint Use Agreement Subordination Agreement Recorded Agreement Type Certificate of Compliance/Non Compliance Deed Restriction Drainage Fee Agreement/Release Encroachment Agreement Hold Harmless Agreement/Release Hold Harmless Agreement/Release Hold Harmless Agreement/Release Hold Harmless Agreement/Release Future Improvement Agreement/Release Notice of Violation/Release Petition and Waiver Storm Water BMP Maintenance Agreement Reimbursement Agreement/Release Liens/Releases (Misc.) Joint Use Agreement Subordination Agreement File Number 0500-05 0775-50 0700-65 0770-50 0700-55 0700-55 0700-55 0700-55 0700-50 0500-15 1065-30 0775-50 0700-85 0770-60 0775-50 0775-50 Doc ER-99-40 09/262008