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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. 1 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. 2 H:/DEVELOPMENT SERVICES/MASTERS/AGREEMENTS, OTHER/ENCROACHMENT AGREEMENT REV. 07/15/2002 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