HomeMy WebLinkAboutPR 05-10; The Olivenhain Municiapl Water District; 2006-0014495; Encroachment AgreementDQC# 2006-0014495
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
JAN 09, 2006 8:40 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
GREGORY J. SMITH COUNTY RECORDER
FEES: 40.00
PAGES: 12
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
PROJECT NO. & NAME:
223-617-25-00
PR 05-10
OLIVENHAIN MUNICIPAL WATER DISTRICT
RIGHT-OF-WAY PERMIT NO.: | RW 05-27
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and The Olivenhain Municipal Water District ("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 the
Denk Reservoir, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
Number 223-617-25-00, and more particularly described in Exhibit "A", attached hereto and
incorporate herein by reference.
2. The Easement. City currently owns an existing easement over, under, and
across a portion of Lot 82, of Map 14624 for utilities and access, 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 to allow access and an electrical power supply line to be constructed and remain in a
portion of said easement. The location of the encroachment is contiguous with the general
utility and access easement as shown on attached Exhibit "C". 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.
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H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS. OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002
(C) The Owner must remove or relocate any part of the encroachment within
ten (10) days or such other time as specified in any written notice after
receipt of it from the City Engineer, or the City Engineer 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 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 General Manager
City of Carlsbad Olivenhain MWD
1635 Faraday Avenue 1966 Olivenhain Rd
Carlsbad CA 92008 Encinitas CA 92024
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 shall not
constitute a waiver of any other default by Owner and shall not be deemed a waiver or render
unnecessary City's consent for approval to any subsequent act by Owner. 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 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.
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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 WITNES
day of
WHEJ3
v? I
EOF, this parties hereto have executed this Agreement on this
J
OWNER_ALIVENHAI
f WATER
By
David C. McCollom
General Manager
CITY OF CARLSBAD
By:
LLOYD B. ffUBBS, Rt.
Public Works Director
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorrtey
H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002
State of California )
)
County of San Diego )
On October 20, 2005 before me, Belinda R. Guzman, Notary Public, personally appeared
Robert J. Wojcik, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
BELINDA R.GUZMAN
Commteton* 1965777
Notary PubHc - CaHtofnta
San Diego County
MyComm.ExpfcMMar31.2009 '
(This area for
official notary seal)
State of California
County of San Diego
on
(Date)
personally appeared
before me
(Name, Title of Officer)
C.
(Name[s] of Signer[s])
personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(e) is/ape 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/bef/therr signature^ 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
Snature of Notary
JANUHLMAN
Commission f 1369251 z
Notary Public - California
Ssn Diego County
MyComm
(This area for
official notary seal)
Title or Type of Document
Date of Document 3-00 S
Signer(s) other than named above 6-
No. of Pages
ft..
H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002
EXHIBIT "A"
Parcel 1:
All that portion of the Northwest Quarter of Section 32, Township 12 South, Range 3
West, San Bernardino Meridian, in the County of San Diego, State of California
according to the Official Plat thereof described as follows:
Commencing at the Northeast corner of said Northwest Quarter of Section 32: thence
along the Easterly line of said Northwest Quarter, South 0°36'31" West 950.65 feet;
thence South 31°28'50"West 341.61 feet: thence South 58°42'49" West 456.37 feet;
thence North 75°12'27" West 230.37 feet to the TRUE POINT OF BEGINNING; thence
North 0°36'31" East 77.00 feet; thence North 89°23'29" West 350.00 feet; thence South
0°36'31" West 265.00 feet; thence South 46°28'07" East 68.28 feet; thence South
55°8'26" East 34.95 feet; thence South 67°10'26" East 76.69 feet; thence South
89°23'29" East 110.00 feet; thence North 78°04'47" East 92.20 feet to a line which bears
South 0°36'31" West from the TRUE POINT OF BEGINNING; thence along said line.
North 0°36'31"East 263.00 feet to the TRUE POINT OF BEGNNING.
Parcel 2:
An easement of right of way 50.00 feet in width, upon, over, under, and across the lands
hereinafter described for road purposes, and also to erect, construct, reconstruct, replace,
repair, maintain and use a pipeline or pipelines for any and all purposes, together with
their necessary fixtures and appurtenances including but not limited to facilities for power
transmission and communication purposes, at such locations and elevations, upon, along,
over and under the hereinafter described right of way as Grantee may now or hereafter
deem convenient and necessary from time to time, together with the right of ingress
thereto and egress therefrom, to and along said right of way by a practical route or routes
in, upon, over and across the hereinafter described lands, together with the right to use
said right of way for access to Grantee's rights of way situated in adjacent lands.
The lands in which said easement of right of way is hereby granted are situated in the
County of San Diego, State of California, and are particularly described as follows to wit:
The Northwest Quarter of Section 32, Township 12 South, Range 3 West, San
Bernardino Meridian, in the county of San Diego State of California, according to the
Official Plat thereof and that portion of the Northeast Quarter of Section 31 in said
Township 12 South, Range 3 West, lying Easterly of the center line of County Road
Survey No. 454 (Rancho Santa Fe Road).
Said easement of right of way in the aforesaid lands is particularly described as follows:
All that portion of the Northwest Quarter of Section 32, Township 12 South, Range 3
West, San Bernardino Meridian, in the County of San Diego, State of California,
according to the official Plat thereof, included within a strip of land 50.00 feet of even
width, the center line of said 50.00 foot wide strip of land being described as follows:
Page 1 of4
Exhibit "A" continued.
Commencing at the Northeast corner of said Northwest Quarter of Section 32 thence
along the easterly line of said Northwest Quarter, South 0°36'31" West 950.65 feet to the
TRUE POINT OF BEGINNING; thence South 31°28'50" West 341.61 feet; thence
South 58°42'49" West 456.37 feet; thence North 76°12'27" West 230.37 feet to the
Easterly line of the property described in Parcel 1 above.
The sidelines of the 50.00 foot wide strip of land described in Parcel 1 above shall be
prolonged or shortened as necessary so as to terminate on the West in the Easterly line of
the property described in Parcel 1 above, and to terminate on the East in the Easterly line
of said Northwest Quarter of Section 32.
Grantor and their successors in estate shall not erect or construct, or permit to be erected
or constructed, any buildings or other structure, plant any tree or trees, or drill any well or
wells, within the limits of said right of way.
Grantee shall have the right to erect, maintain and use gates in all fences which now cross
or shall hereafter cross said route or routes, and to trim and cut and clear away any trees
and brush whenever in its judgment the same shall be necessary for the convenient and
safe exercise of the rights hereby granted, the right to transfer and assign this easement in
whole or in part being hereby granted to the Grantee.
Grantor agrees that no other easement or easements shall be granted on, under or over
said strip of land by Grantor, without the previous written consent o Grantee.
It is also understood and agreed by the parties hereto that the Grantor and their successors
or assigns, shall not increase or decrease, or permit to be increased or decreased, the
existing ground elevations of the above described right of way, existing at the time this
document is executed without the previous written consent of the Grantee.
Parcel 3:
An easement for drainage purposes over, under, upon, and across a strip of land 30.00
feet of even width, situated within said Northwest Quarter of Section 32, the centerline of
said 30.00 foot wide strip of land being described as follows.
Beginning at a point on the Easterly line of the property descried in Parcel 1 above,
distant thereon south 0°36'31" West 15.42 feet from the Northeast corner of said
property; thence North 77°05'24" East 284.65 feet, TOGETHER WITH the right and
privilege to spill water into the exiting natural drainage swale with drains in a general
Northerly direction from approximately the Easterly terminus of the 30.00 foot wide
drainage easement described above.
Page 2 of4
Exhibit "A" continued.
Parcel 4:
An easement for temporary working strips of land, said easement shall include, but not be
limited to, the right and privilege of workmen, contractors, and any and all agents
employed by the Grantee herein, to use and occupy said temporary working strips for the
purpose of constructing a reservoir and any and all appurtenances incidental thereto,
within the property described in parcel 1 above, and for the purpose of constructing a
water pipeline or pipelines, and any and all appurtenances incidental thereto, within the
strip of land described in Parcel 2 above, said temporary working strips shall include the
right and privilege to place and operate any and all machinery on said strips which the
Grantee herein, or any agent or contractor employed by said Grantee, deems necessary
for the construction of said reservoir and pipeline or pipeline.
Said temporary working strips being described as follows:
A strip of land 25.00 feet of even width, said 25.00 foot wide strip of land lying Northerly
and Northwesterly of, and immediately adjoining the Northerly and Northwesterly line of
the 50.000 foot wide strip of land described in Parcel 2 above, TOGETHER WITH a strip
of land 25.00 feet of even width, said 25.00 foot wide strip of land lying Southerly and
Southeasterly of, and immediately adjoining the Southerly and Southeasterly line of the
50.00 foot wide strip of land described in Parcel 2 above.
It is hereby understood and agreed upon by the Grantor and Grantee herein, that the right
and privilege set forth for the use of the above described temporary working right and
privilege set forth for the use of the above described temporary working strips shall be in
full force and effect from the date of execution of this instrument, and shall continue in
full during the construction of said reservoir and/or pipeline, and that upon completion,
final inspection, and acceptance of said reservoir and pipeline by the Grantee herein, the
easement for the temporary working strips hereby granted and described above, shall
cease and terminate, and become of no further force or effect.
Page 3 of4
\
\\
\ /
EXHIBIT 'A'
or CARLSBAD
i I TRACT NO. 99-04-0'!
I I MAP '143
/
// LOT 195 \
////////////////,
25/y/
APN 223-617-03
EXIST. RIGHT-OF-WAY ESMT
TO OMWD REC. 7-25-1980,
AS F/P 80-233968, O.R.
EXIST. R/W ESMT
TO O.M.W.D. REC.
8-27-2004, AS DOC/
2004-0817311, O.R.CENTER FOR
NATURAL LANDS
MANAGEMENT, INC.
NO.2002-0508159
C. 6-14-2002
O.M.W.D. PROPERTY
PROJECT' O.M.W.D. DENK FCF POWER SUPPLY
REFERENCES'
VAL VE MAP- D-2. E-2
ID. NO.
SCALE. 1"=200'
ENCROACHMENT AGREEMENT
WITH THE CITY OF CARLSBAD
PREPARED BY'
anaruawm
ACCT. NO. SD-001-464-27
R/W NO.
TAX PAR. SEE ABOVE
BASE MAP 3
DA 7-g JANUARY. 2005
7H7 CONVOY CT. SUITE SOO SAN DIEGO, CALIFORNIA 92111(B58) 366-8080
EXHIBIT A PAGE 4 OF 4
EXHIBIT "B"
EASEMENT
A general utility and access easement granted to the City of Carlsbad, as shown
on Map number 14379, 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
29, 2002, as file no. 2002-0358064.
EXHIBIT B PAGE 1 OF 2
EXHIBIT 'B'
CITY OF CARLSBAD
TRACT NO, 99-04-0'!
MAP 143
LOT '195
\><o^
EXIST. 10' WIDE R/W
ESMT TO O.M.W.D. REC.
8-27-2004, AS DOC/
2004-0817311, O.R.
PARCEL 'B'
CENTER FOR
NATURAL LANDS
MANAGEMENT, INC.
DOC. NO.2002-0508159
REC. 6-14-2002
APN 223-617-03
EXIST. 200' ESMT TO
SDG&E REC. 5-19-1954,
IN BK 5208, PG. 399, O.R.
EXIST. RIGHT-OF-WAY ESMT
TO O.M.W.D. REC. 7-25-1980,
AS F/P 80-233968, O.R.
EXIST. 20' WIDE UTILITY &
ACCESS ESMT TO THE CITY
OF CARLSBAD PER MAP 14379
r=ioo'
LOT '196
EXISTING EASEMENT TO
THE CITY OF CARLSBAD
= 0.214 ACRES (9,304.25 sq. ft.)
PROJECT:O.M.W.D. DENK FCF POWER SUPPLY
REFERENCES:
VALVE MAP: D~2- E~2
I.D. NO.
SCALE: 1"=100'
ENCROACHMENT AGREEMENT
WITH THE CITY OF CARLSBAD
PREPARED BY:
ACCT. NO. SD-001-464-27
R/W NO.
TAX PAR. SEE ABOVE
BASE MAP 3
DATE JUNE. 2005
EXHIBIT B PAGE 2 OF 2
> ^%>EXHIBIT C
CITY OF CARLSBAD
TRACT NO. 99-04-0'I/'
^\^Jk MAP -143
~^&f-
LOT '195
APN 223-617-03 ,
^
n
/<#*•
EXIST. 10' WIDE R/W '
ESMT TO O.M.W.D. REC.
8-27-2004, AS DOC/
2004-0817311, O.R.
PARCEL 'B'
/ /// /
?) EXIST. 200' ESMT TO
SDG&E REC. 5-19-1954,
IN BK 5208, PG. 399, O.R.
?) EXIST. RIGHT-OF-WAY ESMT
TO O.M.W.D. REC. 7-25-1980,
AS F/P 80-233968, O.R.
T) EXIST. 20' WIDE UTILITY &
ACCESS ESMT TO THE CITY
OF CARLSBAD PER MAP 14379
1"=100'
O.M.W.D. ENCROACHMENT AREA
= 0.185 ACRES (8,062.22 sq. ft.)
PROJECT: O.M.W.D. - DENK FCF POWER SUPPLY
REFERENCES:
VAL VE MAP: D~2, E-2
I.D. NO
SCALE: 1"=100'
ENCROACHMENT AGREEMENT
WITH THE CITY OF CARLSBAD
PREPARED BY:
A OCT. NO. SD-001 -464-27
R/W NO.
TAX PAR. SEE ABOVE
BASE MAP 3
DATE JUNE. 2005
EXHIBIT C PAGE 1 OF 1