HomeMy WebLinkAboutSDP 05-14; Wave Crest Oceanfront LLC; 2012-0791293; Encroachment AgreementF?ECORDING 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
DOC
lllll
2012-0791293
iiiiiiiiniiiiiiiiiiiii
DEC 17, 2012 9:49 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernesl J. Dronenburg, Jr., COUNTY RECORDER
FEES: 2.00
PAGES: 8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
214-160-37; 214-590-04 ASSESSOR'S PARCEL NO.
PROJECT ID
PROJECT NAME
RELATED PROJECT ID
SDP 05-14
Hilton Carlsbad Beach Resort
PR 11-03
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 incorporate herein by
reference.
2. The Public Right-of-Way. 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 a private sewer crossing, retaining walls and median
landscaping to remain in a portion of the 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.
(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.
Q:\CED\LandDev\PROJECTS\SDP\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - Jlmeno\B & A\PR 11-03
ENCROACHMENT AGMT Sewer.doc
(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 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
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 day of De/:^bA^ 20IZ. .
2
H:\Development Services\PROJECTS\SDP FILES\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - Jimeno\Bonds and
Agreement\PR 11-03 ENCROACHMENT AGMT Sewer.doc
OWNER
• Wave Crest Oceanfront LLC, a California
limited liability company
By: Wave Crest Resorts II LLC, a California
limited liability company
By: Three rSeas Enterprises, Inc., a
California corporation
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: 0.
(Sign Here)
William L. Canepa, President
(Print Name Here)
f^^iJ GLEN K. VAN PESKI, City Engineer
PLS 8801 Exp. 12/31/2012
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
Deputy City Attorney
H:\Development Services\PROJECTS\SDP FILES\SDP 05\SDP 05-14 Hilton Carlsad Beach Resort and Spa - JimenoVBonds and
Agreement\PR 11-03 ENCROACHMENT AGMT Sewer.doc
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of Califomia
County of (5>Av^
On (^/n//^ before me, •P.t^-eiu O0A^'e2. , Ajo^biA^ P^^IQ
(Here insert name and title of tfie officer)
personally appeared Co l^yV) \^ \t /Vw ife^Kl
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.
WITNESS my hand and official seal.
Signature of Notary Public
(Notary Seal)
CECCLIA FERNANDEZ \^
Commitfiofl # 1996355 |
Noltfv PybHe • CiMBniia 1
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
Arty acknowledgment completed in Califomia 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
California (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 v 12.10.07 800-873-9865 www.NotaryClasses.com
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of S<^^>\
On O^^'^. ^
Date
personally appeared _
}
before me,
Here Insert Name and rm If the Officer
Name(s) of Signer(s)
TERIE L. ROWLEY
Commlsiion # 1773634
Notary PubHc • California
San Ol«go County
f^CorrmBt^Oetia^ann
who proved to me on the basis of satisfactory evidence to
be the personpgQ whose name^ \s/a^ subscribed to the
within Instrument and acknowledged to me that
he/sb^Ah^ executed the same in his/^r/tlp6lr authorized
capacity(i^, and that by h\s/\y^/th^ signaturej^f on the
instrument the person^, or the entity upon behalf of
which the personp^ 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.
Place Notary Seal Above Signature
OPTIONAL -
stature of Notary Pubtk
Though the information below is not required by law, it may prove valuable to persons relying on Uie document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: C/^ A<, Hrvx riHT \Ai^l^^£y^(^J
Document Date: Number of Pages: ^ >^ ^-w^
Signer(s) Other Than Named Above:
Capaclty(les) 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
02(X)7 Natkmal Notary Assodatk>n* 9350 De Soto A\«.,RO.Bax 2402 •Chatsworth, CA 91313-2402* www.NationalNotary.org ltein#5907 Reorder Call ToU-Ftee 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 11-03 ENCROACHMENT AGMT Sewer.doc
PR 11-03
EXHIBIT "A"
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.
£2. 12-
James Eyerman - Licensra Land Surveyor No. 6336 Date
PR 11-03
EXHIBIT''B"
THE EASEMENT
Ponto Drive Right-of-Way as a Public Road and Utility Easement per
Parcel Map No. 20899 . dated 01 I 11 I 2011 .
ames/D. Eyerman - Licensed Land Surveyor No. 6336 Date