HomeMy WebLinkAboutSDP 05-14; Wave Crest Oceanfront LLC; 2012-0791292; Encroachment AgreementDOCtt 2012-079
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•RECORDING IS REQUESTED
FOR THE BENEFIT OF THE CITY DEC 17, 2012 9:49 AM
OF CARLSBAD
OFFICIAL RECORDS
WHEN RECORDED MAIL TO: SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED MAIL TO: ErnesU. Dronenburg, Jr., COUNTY RECORDER
FEES: 2.00
City Clerk PAGES:
CITY OF CARLSBAD
1200 Carlsbad Village Dr. 111 III III III III III Carlsbad, CA. 92008 1IIIIN lllll lllll mil lllll lllll lllll lllll lllll lllll lllil lllll III!! 111!! III!
292
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.
PROJECT ID
PROJECT NAME
RELATED PROJECT ID
214-160-37; 214-590-04
SDP 05-14
Hilton Carlsbad Beach Resort
PR 10-34
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Wave Crest Oceanfront LLC ("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 southwest corner of Carlsbad Boulevard and Ponto Drive within the City of Carlsbad,
San Diego County, California, Assessor's Parcel Number 214-160-37 and more
particularly described in Exhibit "A", attached hereto and incorporated herein by
reference.
2. The Public Riqht-of-Wav. City currently owns an existing public right-of-
way along Owner's property which right-of-way 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 his property's fire lane to remain in a portion of the public
right-of-way. 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.
(B) The Owner shall agree at all times to indemnify and hold the
City, Leucadia Wastewater District and any other public utilities
with facilities within the public right-of-way, 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
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ENCROACHMENT AGMT Final.doc
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) Owner acknowledges that the Leucadia Wastewater District
("District") owns and maintains three forcemain wastewater
pipes within the public right-of-way (collectively "facilities") and
may install new facilities or replace existing facilities in the
future. No encroachment shall be installed or maintained by
Owner in a manner that jeopardizes, harms or interferes with
District facilities. The District or the City may remove all, or a
portion of, Owner's encroachments, as the District or the City
deems necessary for the protection, repair, replacement or
installation of the District's facilities. Neither District nor the City
shall have any obligation to restore, or compensate the Owner
for any encroachments which are so removed or damaged. The
Owner expressly grants the District the right to enforce the
provisions of this paragraph.
(E) Whatever rights and obligations were acquired by the City with
respect to the public right-of-way 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 Wave Crest Oceanfront LLC
City of Carlsbad 829 Second Street, Suite A
1635 Faraday Avenue Encinitas, CA 92024
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
2
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Agreenfient\PR 10-34 ENCROACHMENT AGMT Final.doc
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. 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 WITNESS WHEREOF, these parties hereto have executed this Agreement on
this n ^ day of J>ec^l(^ , 20
OWNER
Wave Crest Oceanfront LLC, a California
limited liability company
By: Wave Crest Resorts II LLC, a California
limited liability company
By: Three Seas Enterprises, Inc., a
California corporation D
By:
(Sign Here)
William L. Canepa, President
(Print Name Here)
CITY OF CARLSBAD, a municipal
corporation of the State of California
GLEN K. VAN PESKI, City Engineer
PITS 8801 Exp. 12/31/2012
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City A^orney
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Agreement\PR 10-34 ENCROACHMENT AGMT Final.doc
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of ^OM l5l-<^Q
On / before me, ^^fi^Uoi f^g^/^/lA^j^<^^ N^rhvt^^ poMt«-, ,
(Here insert name art& title of the officer)'
personally appeared &>[^6v\ K \) Ci\r\ t^-^VCl ,
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 true and correct.
CofiMilition # 1t§f9M WITNESS my hand and official seal.
Signature of Notary Public (Notary Seal)
Notary PubNe-CaMWnia
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 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
Califomia (i.e. certifying the authorized capacity of the signer). Please check the
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signer(s) personally appeared before the notary public for acknowledgment.
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must also be the same date the acknowledgment is completed.
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commission followed by a comma and then your title (notary public).
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Impression must not cover text or lines. If seal impression smudges, re-seal if a
sufficient area permits, otherwise complete a different acknowledgment form.
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• 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 Scy^ 1V\ }
On
Date
personally appeared
before me, T^^g t.^-^UOWH ^ VA^TA^u /v-ifeu
late Hera Insert Mama and iGtin of the Officer * Here Insert Name and
Natne(s) of Signer(s)
TERIE L. ROWLEY |
CommiMlon # 1779534 K
Notary Public • California |
y San Di«oo County '
Place Notary Seal Atx)ve
who proved to me on the basis of satisfactory evidence to
be the personpaif whose namejjaf ls/a/§ subscribed to the
within instrument and acknowledged to me that
he/sl;i^h(^ executed the same in his/h/z(mhpff'authorized
capacity(ii^, and that by his/l;)^/th^ signature^^ on the
instrumertt the person^, or the entity upon behalf of
which the person^ 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 JZr^:^
OPTIONAL
Signature of Notary Publli
Though the information below is not required by law, it may prove valuatAe to persons relying on ffie document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: EH cX^>AciA:W^^v4T A b./eTe «^QHT
Document Date: Number of Pages: ^ ^ 4-
Signer(s) Other Than Named Above:
Capacity(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:
RIGHT THUPvlBPRINT
OF SIGNER
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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
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O2007 National Notary Association •9350136 Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 •www.NationalNotary.org item#5907 Reorder CaliTdi-FtiBe 1-800-876-6827
H:\Development Services\PROJECTS\SDP FILES\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - Jimeno\Bonds and
Agreement\PR 10-34 ENCROACHMENT AGMT Final.doc
PR 10-34
EXHIBITS
PROPERTY LEGAL DESCRIPTION
Parcel 1 of Parcel Map No. 20899 . recorded in the City of Carlsbad, County of San
Diego, State of California, as document No. 2011-351449 . on July 12 , 2011.
James 0. Eyerman - Licensed^Land Surveyor No. 6336 Date
PR 10-34
EXHIBIT "B"
THE EASEMENT
Carlsbad Boulevard Right-of-Way as a Public Road per Right-of-Way Map, LO-9630.
sed(j[a
/2-Id /z
mes p. Eyerman - Licensed(/.and Surveyor No. 6336 Date
EXHIBIT Xy
PR 10-34
SEIEET 1 OF 1
Hofman
Planning + Engineering
3152 Lionshead Avenue „ , ;,CA92010 (700)692-4100 wwwirafmanplanningcom