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HomeMy WebLinkAboutSDP 86-02E; Aviara Residence Club Owner's Association; 2019-0151319; 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 DOC# 2019-0151319 1111111111111111111111111111111111111111111111111111111111111111111111 Apr 25, 2019 09:56 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $35.00 (SB2 Atkins $0 00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-941-13-00 PROJECT ID: _S_D_P_8-6--02_E_1:--.:::E::-¾----,---,~:--=6-f .....,...X>~,9-0018 PROJECT NAME: FOUR SEASONS RESIDENCE CLUB RELATED PROJECT ID: CBC2018-0611 -----------RELATED PROJECT ID: RW2019-0224 ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Aviara Residence Club Owner's Association, a California mutual benefit corporation ("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 7130 Kingfisher Ln within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-941-13-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for drainage and incidental purposes 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 electrical conduit 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, 1 C:\Users\vnels\Desktop\EAGREE2019-0018.doc 9/5/2014 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Aviara Residence Club Owner's Association 7210 Blue Heron Pl Carlsbad, CA 92011 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 2 C:1Userslvnels\Desktop\EAGREE2019-0018.doc 9/5/2014 \ AVIARA such signature(s) thereby bind such party. ~WITNESS WHEREOF, these parties heret9--tiave executed this Agreement on this~~..__ ___ day of fr)/J[Lh , 2o_l_~ f f2...'S, /1€::fJCl l k,-, ov OWNER Cfa0_.....,"~::::.-- ~£6 ~,vi~ Cli.&, (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By D2A-~ -~MP Assistant City Attorney 3 C:\Userslvnels\Desktop\EAGREE2019-0018.doc 9/5/2014 CITY OF CARLSBAD, a municipal corporation of the State of California CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. who proved to me on the basis of satisfactory evidence to be the person(&_whose name(s) ..i&hlre subscribed to the within instrument and acknowledged to me that ~they executed the same in ~/their authorized capaclty{iesb and that by bisA:ler/thelr signature~ on the instrument the person(s), or the entity upon behalf of whic'nifie person(s) acted, executed the instrument. - i············~ LESLIE MICHELLE LAURER : e~.~ , Notary Public -California : i -:. .: · San Diego County ~ · . Commission# 2217637 My Comm. Expires Nov 8, 2021 Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. --------------OPTIONAL-------------- Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capaclty(les) Claimed by Slgner(s) Signer's Name: ____________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney In Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: _____________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: _________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 C:\Users\vnels\Desktop\EAGREE2019-0018.doc 4 9/5/2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California D ) County of ~AJ _/ f::6 D ) onHP t l L-1-1, ~ D 14 before me. Roi Q f\ n-e ;JbD~S,, /I/VT A-R,y // u /3 /'(_ Date Here Insert Name and Title of the Officer personally appeared ----~-j_vt,_b_C> )_) __ 5 __ Ge~~/~Cl-✓e_>+ __________ _ Name(s) of Signer(s) 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. Place Notary Seal Above 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. ----------------OPTIONAL---------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: ____________ Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Above: ____________ _ Capacity{ies) Claimed by Signer{s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □Other: _____________ _ □ Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT 'A' PROPERTY DESCRIPTION LOTS 44 THROUGH 48, AND 51 OF CITY OF CARLSBAD TRACT NO. 95-02, UNIT 3 PLANNING AREAS PORTION OF 28 AND 10, IN TH£ CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAT£ OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13979, FILED IN TH£ OFFICE OF TH£ COUNTY RECORDER OF SAN DIEGO COUNTY, RECORDED JUN£ 9, 2000 AS FIL£ NO. 2000-0306276 OF OFFICIAL RECORDS. CONSOLIDATED WITH CERT/FICA T£ OF COMPLIANCE, DOC /2018-0102381 O.R. RECORDED MARCH 15, 2018 IN TH£ OFFICE OF TH£ COUNTY RECORDER OF SAN DIEGO COUNTY. TH£ PROJECT IS LOCATED WITHIN ASS£SSOR's PARCEL NOS 215-941-13-00. CITY OF OCEANSIDE PACIFIC OCEAN VICINITY MAP NOT TO SCALE »01 f:;{,I) ::_']cj ENCROACHMENT AGREEMENT / CITY OF CARLSBAD REQUESTED BY: REQUESTED BY: DATE:MARCH 6, 2019 A ~ARA RESIDENCE CLUB OWNER's ASSOC/A TION 7210 BLUE HERON PL CARLSBAD, CA 92011 OVA Y CONSULTANTS 2710 LOKER A yf; M"ST SUIT£ 100 CARLSBAD, CA 92010 (160) 931-7700 G: \151007\Plats\Encroachment Removal\1507-PLAT-ENC_RMvl-01.dwg Mar 07, 2019 9: 27am Xrefs: 1507-PLAT-ENC_RMvl-SHEET; 1507A'IIC; 1507AMAP; 1507ASITE SHEET 1 OF 3 SHEETS A.P.N. ----- P.R. EXHIBIT 'B' CITY EASEMENT UNDERLYING ENCROACHMENT: AN EASEMENT TO TH£ CITY OF CARLSBAD FOR DRAINAGE & INCIDENTAL PURPOSES RECORDED MARCH 15, 2018 AS DOCUMENT NO. 2018-0102026 O.R. REQUESTED BY: A 14ARA RESIDENCE CLUB OWNER's ASSOC/A llON 7210 BLUE HERON PL CARLSBAD, CA 92011 REQUESTED BY: O'DA Y CONSUL TAN TS 2710 LOKER A~ M"ST SUIT£ 100 CARLSBAD, CA 92010 (760) 931-7700 G: \ 151007\Plots \Encroachment Removol\1507 -PLAT-ENC_RMvl-02. dwg Mor 06, 201 g 10: 34om Xrefs: 1507-PLAT-[NC_RMvt-SH[[T; 1507AV1C; 1507AMAP; 1507ASIT[ DATE: MARCH 6, 2019 SHEET 2 OF 3 SHEETS A.P.N. ____ _ P.R. .. SCALE: 1" = 40' ·---- --- ► \ \ CITY EASEMENT UNDERLYING ENCROACHMENT: AN EASEMENT TO THE CITY OF CARLSBAD FOR DRAINAGE & INCIDENTAL PURPOSES PER MAP !2409, RECORDED JUNE 29, !989 AS DOCUMENT NO. 1999-345850 (EASEMENT DEDICATION PER PR 2017-0008} .. _.., __ ENCROACHMENT A~t&f If cuf REQUESTED BY: A l.1ARA RESIDENCE CLUB OWNER's ASSOC/A TION 7210 BLUE HERON PL CARLSBAD, CA 92011 CITY OF CARLSBAD REQUESTED BY: O'/JA Y CONSULTANTS 2710 LOKER A 1.£ UEST SUITE 100 CARLSBAD, CA 92010 (160) 931-7700 G:\151007\Plots\Encroochme,,t Removol\1507-PLAT-ENCJU.t\\.-01.dwg Mor 06, 2019 10:29am Xrels; 1507-PLAT-(NCJ!M\\.-SHCET; 1507A"1C; 1507AMAP; t507ASITE SHEET J OF 3 SHEETS A.P.N. ----- P.R.