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HomeMy WebLinkAboutSDP 05-18A; ECR Corporate Center; 2007-0724217; Encroachment AgreementDOC# 2007-0724217 ill!! RECORDING REQUEST BY CITY OF CARLSBAD AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENT TO: EXEMPT NOV16, 2007 2:45 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y J .SMITH. CO U N TYRE CO R D E Fl FEES: 43.00 PAGES: Space above this line for Recorder's use. ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY Assessor's Parcel No. 213-110-01-00 Project No. & Name SDP05-18A ECR Corporate Center PR 07-112 This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT ("District"), and ECR Corporate Center, LP, ("Developer/Owner"). 1. The Property. Owner is the owner of that certain real property generally located on the east side of El Camino Real, between Town Garden Center and Camino Vida Roble within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-110-01-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property as described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. District hereby covenants and agrees and grants its permission to Owner to allow enhanced paving to remain in the Public Waterline 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 District free and harmless from any and 13 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 of 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 District Engineer or the District Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property; and Owner shall provide a security bond in a mutually agreed upon amount equal to the estimated cost of the work of removing the encroachment for the term of the encroachment. (E) The Owner shall maintain a policy of liability insurance in an amount of at least one million dollars ($1,000,000) naming the District as an additional insured in order to protect the District from any potential claims which may arise from the encroachment. 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 District: Mark Stone, Deputy Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 If to the Owner: John C. White, member ECR Corporate Center, LP 5600 Avenida Encinas, Suite 100 Carlsbad, CA 92008 which addresses may be changed from time to time by providing notice to the party in the manner described above. 6. Waiver. District's consent to or approval of any act or omission by the Owner shail not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary District's consent for approval to any subsequent act of Owner. Any waiver by District of any 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 deed 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, the parties hereto have executed this Agreement on this 13"*^ day of . 20 on . DISTRICT: CARLSBAD MUNICIPAL WATER DISTRICT OWNER: ECR Corporate Center, L.P., a California limited partnership By: ECR Carlsbad Management, LLC, a Delaware limited liability company Its General Partner By: WBC Investments LLC, a California limited liability company Its Co-Managing Member B By: (sign here) John C. White, Co-Manager (name and title of signatory) By: Finest City Realty Advisors, Inc., a California Cpnpocation Its Co-Managing Mer ' ' ' " rt*_Raymond R. Patchett, Executive Manager ATTEST^ r\ '''By: (V /LOW J^y/Boa s) 'E M. WjZffi)D, Secretai Directors^ <t~ .v,u"i//, B_y: /I (sign here) Charles Abdi, President (name and title of signatory) APPROVED AS TO FORM: R. BALL, Generfel CounselRO (Notarial acknowledgement of execution of Owner must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officers) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute the instrument.) State of California Comity of San Diego On (Date) personally appeared loo*! before me, \AnmCA atef^ JvVA\<^ _, (Name, Title of Officer) C •CK*r tes (Name[s] of Signerfs]) personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the person© whose name(D is/are subscribed to the within instrument and acknowledged to me that -he/she/they executed the same in •te/hen'their authorized capacity^ies), and that by -hia/hcai/their signature^) on the instrument the person(s^ or entity upon behalf of which the person^]) acted, executed the instrument. WITNESS my hand and official seal /Q. ComnrtMton #17656*1 Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signers) other than named above State of California County of San Diego On U -Zj-before me,K gj 1 M KorPhu Notary Public. of Officer) • r J(Name of Officer)(Date) personally appeared (Name[s] of Signer[s]) personally known to me - OR - I I (or proved to me on the basis of satisfactory evidence) to be the person(s^ whose namefo^ is/are-subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(i^s), and that by his/hei/llieir signature^/) on the instrument, the personte), or entity upon behalf of which the person(s^ acted, executed the instrument. WITNESS my hand and official seal KELLY MURPHY h Commission # 1645461 * Notory Public California \ San D »:jo County f 14, 201 OfMvCorwn Signature of (This area for official notary seal) Title or Type of Document Date of Document JQ No. of Pages Signer(s) other than named above ~5ov\f\ G • dory I^nQQ f Lorrrxis<L Poor CONSULTING EXHIBIT "A"- LEGAL DESCRIPTION ECR Corporate Center- SDP 05-18A LOT 1 OF CARLSBAD TRACT No. 99-03, LA COSTA GREENS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE MAP THEREOF No. 14543, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 12, 2003. PLANNING • DESIGN • CONSTRUCTION 5050 Avenida Encinas, Suite 260, Carlsbad, CA 92008-4386 • 760.476.9193 • Fax 760.476.9198 PR 07-112 Offices located throughout California, Arizona & Nevada » www.RBF.com printed on recycled paper EXHIBIT "B" LEGAL DESCRIPTION EL CAMINO REAL COMMERCIAL CENTER WATERLINE EASEMENT (PR 07-72) Those certain strips of land situated in the City of Carlsbad, County of San Diego, State of California, being those portions of Lot 1 of Carlsbad Tract No. 99-03, as shown on a map thereof filed as Map No. 14543 in the Office of the County Recorder of said San Diego County, described as follows: STRIP NO. 1 A 20.00 feet wide strip of land, the centerline of which is described as follows: BEGINNING at a point on the westerly line of Parcel 1 of Carlsbad Minor Subdivision 05-05, as shown on a map thereof filed on December 20, 2006 as Parcel Map No. 20174 in said Office of the County Recorder, distant thereon South 8°09'08" West 4.00 feet from the northwesterly corner thereof, said point also being the intersection with a line parallel with and 4.00 feet southerly of the northern line of said Parcel 1; thence along said parallel line and its easterly prolongation through the following courses: South 81 °52'03" East 29.83 feet to a point hereinafter referred to as Point "A"; thence continuing South 81 °52'03" East 110.32 feet to a point hereinafter referred to as Point "B"; thence continuing South 81°52'03" East 144.41 feet to a point hereinafter referred to as Point "C"; thence continuing South 81°52'03" East 29.44 feet to a point hereinafter referred to as Point "D"; thence continuing South 81°52'03" East 13.00 feet; thence leaving said parallel line and its easterly prolongation South 27°37'06" East 125.31 feet to a point hereinafter referred to as Point "E"; thence continuing South 27°37'06" East 54.66 feet to a point hereinafter referred to as Point "F"; thence continuing South 27°37'06" East 59.08 feet. Said strip of land shall be lengthened or shortened westerly so as to terminate in said westerly line of Lot 1. Kurt R. Troxell, L.S. 7854 PR 07-112 Page 1 of 4 EXHIBIT "B" LEGAL DESCRIPTION EL CAMINO REAL COMMERCIAL CENTER WATERLINE EASEMENT (PR 07-72) STRIP NO. 2 A strip of land 20.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "B" described hereinbefore in Strip No. 1; thence North 08°07'54" East 30.00 feet; thence North 30°37'54" East 18.48 feet; thence North 08°07'54" East 230.57 feet; thence North 10°07'54" East 10.93 feet; thence South 89° 17'07" East 24.40 feet to a point hereinafter referred to as Point "G"; thence continuing South 89°17'07" East 54.05 feet to a point hereinafter referred to as Point "H"; thence continuing South 89°17'07" East 16.04 feet to a point hereinafter referred to as Point "I"; thence continuing South 89°17'07" East 10.50 feet. STRIP NO. 3 A strip of land 20.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "D" described hereinbefore in Strip No. 1; thence North 61°36'02" East 230.21 feet to a point hereinafter referred to as Point "J"; thence continuing North 61°36'02" East 5.75 feet; thence North 49°47'17" East 19.57 feet; thence North 18°12'06" West 74.64 feet to the beginning of a tangent curve concave easterly and having a radius of 540.00 feet; thence along said curve northerly 156.60 feet through a central angle of 16°36'55" to the northerly line of said Lotl. Said strip of land shall be lengthened or shortened so as to terminate northerly in said northerly line of Lot 1. STRIP NO. 4 A strip of land 15.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "A" described hereinbefore in Strip No. 1; thence North 08°07'54" East 16.27 feet. .urtR. Troxell, L.S. 7854 PR 07-112 Page 2 of 4 EXHIBIT "B" LEGAL DESCRIPTION EL CAMINO REAL COMMERCIAL CENTER WATERLINE EASEMENT (PR 07-72) STRIP NO. 5 A strip of land 10.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "C" described hereinbefore in Strip No. 1; thence North 08°07'54" East 14.75 feet. STRIP NO. 6 A strip of land 10.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "E" described hereinbefore in Strip No. 1; thence North 62°22'54" East 34.30 feet. STRIP NO. 7 A strip of land 10.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "F" described hereinbefore in Strip No. 1; thence North 62°22'54" East 22.04 feet. STRIP NO. 8 A strip of land 10.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "G" described hereinbefore in Strip No. 2; thence South 00°42'53" West 19.53 feet. Kurt R. Troxell, L.S. 7854 PR 07-112 Page 3 of 4 EXHIBIT "B" LEGAL DESCRIPTION EL CAMINO REAL COMMERCIAL CENTER WATERLINE EASEMENT (PR 07-72) STRIP NO. 9 A strip of land 10.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "H" described hereinbefore in Strip No. 2; thence North 00°42'53" East 21.58 feet. STRIP NO. 10 A strip of land 15.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "I" described hereinbefore in Strip No. 2; thence South 00°42'53" West 29.31 feet. STRIP NO. 11 A strip of land 10.00 feet wide, the centerline of which is described as follows: BEGINNING at Point "J" described hereinbefore in Strip No. 3; thence North 28°23'58" West 24.20 feet. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Record. Kurt R. Troxell, L.S. 7854 PR 07-112 Page 4 of 4 EXHIBIT 'C' CITY OF OCEANSIDE CITY OF VISTA METROPOLITAN ST LOT 20 PER MAP NO. 14543VICINITY MAP NOT TO SCALE LOT 1 PER MAP 14543 SOP 05~1B(A) PARCEL 1 PARCEL MAP 20174 MS (05-05) FUTURE IMPROVEMENTS PER SDP06-13 SEPTEMBER 19, 2007 J.N. 55-100293 SHEET 1 OF 3 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT KEY MAP APPLICANT: ECR CORPORATE CENTER, L.P. 5600 AVENIDA ENCINAS SUITE 100 CARLSBAD, CA 92008 PHONE: (760) 431-5600 PREPARED BY: RBF CONSULTING 5050 AVENIDA ENCINAS, SUITE 260 CARLSBAD, CA 92008-4386 PHONE: (760) 476-9193 ECR CORPORATE CENTER SDP 18-05(A) ASSESSOR PARCEL 213-110-01 PR 07-112 H:\PDATA\55100293\CADD\LAND\EXHIBITS\ERA\ERA KEY MAP.DWG DWIENER 10/2/07 5:34 pm EXHIBIT "C" BLDGA LOT 1 PER MAP 14543 DECORATIVE PAVEMENT ENCROACHMENT IN PUBLIC WATER EASEMENT BLDGB PARCEL PARCEL MAP 20174 MS (05-05) FUTURE IMPROVEMENTS PER SDP06-13 SEPTEMBER 19, 2007 J.N. 55-100293 SHEET 2 OF 3 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT AREAT APPLICANT: ECR CORPORATE CENTER, L.P. 5600 AVEN1DA ENCINAS SUITE 100 CARLSBAD, CA 92008 PHONE: (760) 431-5600 PREPARED BY: RBF CONSULTING 5050 AVENIDA ENCINAS, SUITE 260 CARLSBAD, CA 92008-4386 PHONE: (760) 476-9193 ECR CORPORATE CENTER SDP 18-05(A) ASSESSOR PARCEL 213-110-01 PR 07-112 H:\PDATA\55100293\CADD\LANO\EXHI8ITS\ERA\293ERA02.DWG DWIENER 10/2/07 5:35 pm EXHIBIT "CT LOT MAP 20 PER NO. 14543 LOT 1 PER MAP 14543 DECORATIVE PAVEMENT ENCROACHMENT IN PUBLIC WATER EASEMENT BLDGA SEPTEMBER 19, 2007 J.N. 55-100293 SHEET 3 OF 3 SHEETS CARLSBAD MUNICIPAL WATER DISTRICT AREA '21 APPLICANT: ECR CORPORATE CENTER, L.P. 5600 AVENIDA ENCINAS SUITE 100 CARLSBAD, CA 92008 PHONE: (760) 431-5600 PREPARED BY: RBF CONSULTING 5050 AVENIDA ENCINAS, SUITE 260 CARLSBAD, CA 92008-4386 PHONE: (760) 476-9193 ECR CORPORATE CENTER SDP 18-05(A) ASSESSOR PARCEL 213-110-01 PR 07-112 H:\PDATA\55100293\CADD\LAND\EXHIBIT5\ERA\293ERA03.DWG DWIENER 10/2/07 5:36 pm