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.
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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