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HomeMy WebLinkAboutPR 09-15; PDG Carlsbad 47 and 48; 2013-0233593; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2013-0233593 iiiiiillllliliilll APR 15, 2013 11:35 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES; 36.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT NAME PROJECT ID RELATED PROJECT ID 212-120-35 LOT 47 CRC PR 09-15 RW 09-59 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and PDG CARLSBAD 47 & 48, a California limited partnership ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 1890 Rutherford within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 212-120-35, 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 Owner's property for water line easement 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 two (2) four (4) inch conduits to remain in a portion of the water line 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. 8 (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 ten (10) days or such other time as specified in the 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 PDG Carlsbad 47 & 48 LP City of Carlsbad 1825 Gillespie Way #102 1635 Faraday Avenue El Cajon CA 92020 Carlsbad CA 92008 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. /// /// /// /// /// 8. Capacitv. 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. this IN WITNESS WHEREOF, these parties hereto have executed this Agreement on •^"^ day of ATTT.I . 20;^. OWNER PDG CARLSBAD 47 & 48, a California limited partnership. By: Diversified Carlsbad 47 & 48, LLC, a California limited liability company it's General Partner William P. Tschantz, Co-Manager (Print Name Here) CITY OF CARLSBAD GUSY^ ^. v/ZHo pe6M« Re ROBERT T JOI INOON, JR., RC. City Engineer lau&tfi, Dupuly Cily Engineer ROE 33084 Exp, 06/^0/2010 • APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5ri o l^ iCjCj^iT) } 0.)^\\ ^2nrf| before me. ^^MS^---,^y^S^iAk^^J "^'^^'^ personally appeared. Nafne(s) of Signer(s) MELISSA SNYDER Commission No. 1752293 g NOTARY PUBLIC-CALIFORNIA g SAN DIEGO COUNTY < —„— My Comm. Expires Juty 17.2011 \ Place Notary Seal Above who proved to me on tlie basis of satisfactory evidence to be the personC^jji whose name(j(i(^^ subscrit>ed to the within instrument and acknowledged to me that (^§^;Ke/tt^ executed the wie \r\(^fMfV^ authorized capacity(^, and that by(^i§h0^h^signature(^ on the instrnmeritthe person(^ or the entity upon behalf of which the person(j!^ 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 s Signature "^^£^^^1 OPTIONAL 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 orType of Document:. Document Date:. Signer(s) Other Than Named Above cument . i ^h/cv^oacU Me/Or /^^ r^M6»-^ Number of Pages:. Capaclty(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): _ • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • other: Signer Is Representing:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association •9350 De Soto Ave., P.O. BOK 2402 •Oiatsworlh.CA 91313-2402 •www.NationalNotary.org item #5907 Reorder Call ToU-Fwe 1.800.87^6827 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of S^^^ \^\^<^^ On M/\ /(?> before me, C.€C-C[iu Ire/^ W^(^j-^Z N Q-fat^y "pJ U (Here insert name and title of tfie officer) personally appeared _ 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 Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) C«niMttien#imSH I Notary PubUe-CaMornia i ^ Stn Ditgo Couiity | MyComm.ExyirHOct30.20i6j 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 • Individual (s) • Corporate Officer (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 Califomia. 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 Califomia (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/they, is /are) 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 EXHIBIT "A" LEGAL DESCRIPTION Lot 47 of Carlsbad Tract 85-24 Unit 3, in the City of Carlsbad, County of San Diego, State of California, according no Map thereof No. 11810, filed in the Office of the County Recorder of San Diego County, May 19, 1987, as file no. 87-276652 of official records. EXHIBIT "B" EASEMENT ALL THAT PORTION OF LOT 47 OF CARLSBAD TRACT NO. 85-24 UNIT NO. 3 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO. STATE OF CALIFORNL^ ACCORDING TO MAP THEREOF NO. 11810, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987; DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHWESTERLY CORNER OF SAID LOT 47, SAID POINT BEING ON THE SOUTHEASTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD. AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 89*^ 19- 21" EAST; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07* 40' 06", AN ARC DISTANCE OF 8.03 FEET TO A POINT ON SAID CURVE, BEING A RADIAL LINE TO SAID POINT BEARS NORTH 83''00'33" EAST. SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE LEAVINGSAIDARCANDRIGHT-OF.WAY,SOUTH89" 19'21" EAST 25.99 FEET; THENCE NORTH 45'40'39" EAST 33,94 FEET; THENCE SOUTH 89'19'21" EAST 169.38 FEET; THENCE NORTH 45'40'39" EAST 43.64 FEET; THENCE NORTH 00*40'39* EAST 419.28 FEET; THENCE SOUTH 89* 18'58" EAST 4.50 FEET; THENCE NORTH OOMO'39" EAST 20.00 FEET; THENCE NORTH 89* 18'58" WEST 195.86 FEET; THENCE SOUTH 82'09'56" WEST 16.15 FEET TO THE WESTERLY PROPERTY LINE OF SAID LOT 47; THENCE ALONG SAID PROPERTY LINE SOUTH 12' 14'36" WEST 21.29 FEET; THENCE NORTH 82''09'56" EAST 16.15 FEET; THENCE SOUTH 89'18'58" EAST 169.87 FEET; THENCE SOUTH 00M0*39" WEST 411.00 FEET; THENCE SOUTH 45''40'39" WEST 3.11 FEET; THENCE NORTH 44'19*21" WEST 12.87 FEET; THENCE SOUTH 45M0'39" WEST 20.00 FEET; THENCE SOUTH 44' 19'21" EAST 12.87 FEET; THENCE SOUTH 45"40'39" EAST 3.97 FEET; THENCE NORTH 89M9'2r WEST 169.38 FEET; THENCE SOUTH 45'40'39" WEST 33.94 FEET; THENCE NORTH 89M9'21" WEST 24.11 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF RUTHERFORD ROAD AND ON A 60.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, ARADIALLINETO SAIDPOINTBEARSNORTH62"51'09" EAST, THENCE SOUTHERLY ALONG THE SAID ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20'09'24" AN ARC LENGTH OF 21.11 FEET TO THE TRUE POINT OF BEGINNING. Recorded as document no. 1998-0360452 in the County of San Diego, State of California, June 15, 1998 LOT 48 1252 LOT 47 7 CARLSBAD TRACT NO. / 85-24 UNIT NO. 3 / MAP NO. 11810 81 UNE TABLE S8918'58''E 4.50' N00'40'39"E 20.00' S82W56"W 16.15' N8Z09'56"E 21.97' / ^ N62-5i:09:S(Bl CURVE RADIUS DELTA UJRC 1£NG1H CI 60r00 c? 60.00 07'40'06i 8.03- -P.0.8, SWtY CORNER LOT 47 LOT 46 EXHIBIT c WATERLINE EASEMENT PLAT FOR ENCROACHMENT AGMT 1890 RUTHERFORD APN 212-120-35 PR 09-15