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HomeMy WebLinkAboutSDP 96-01; Grand Pacific Palisades Hotel LP; 2018-0506636; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT DOC# 2018-0506636 I llllll lllll lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Dec 10, 2018 02:0?PM OFFICIAL RECORDS Ernest J Dronenburg, Jr, WHEN RECORDED MAIL TO: SAN DIEGO COUNTY RECORDER FEES $38.00 (SB2 Atkins $0.00) PAGES 9 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-022-32-00 -----------PROJECT ID: AMEND2017-0020 PROJECT NAME: Grand Pacific Palisades Resorts RELATED PROJECT ID: EAGREE2018-0027 RELATED PROJECT ID: ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 ("District") and Grand Pacific Palisade Hotel, L.P., a Delaware limited liability company ("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 5803 Armada Drive in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-022-32-00, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property for which easement is 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 a portion of biofiltration basin to remain in a portion of 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 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 01/25/13 'lt;-J '-' (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 District, or the District 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 District with respect to the easement shall remain and continue in full force and effect and shall in no way be affected by District'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 District: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Grand Pacific Palisades Hotel, L.P. 5900 Pasteur Ct. Ste. 200 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. District'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 District's consent for approval to any subsequent act by Owner. Any waiver by District 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. Ill Ill Ill 2 01/25/13 IN WITNESS WHERf;.QF, these parties hereto have executed this Agreement on this_---"--2-"3 day of (.Cro~ FR. , 20___lX. By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ GOMEZ, Public Works Director 01/25/13 RNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary ublic or other officer completing this certificate verifies only the identity of the individual who signed the document which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. On-------+----before me, _____________________ _ Here Insert Name and Title of the Officer personally appeared ,._ ____________________________ _ Name(s) of Signer(s) who proved to me on th basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within in rument and acknowledged to me that he/she/they executed the same in his/her/their authorized capac (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of wh h the person(s) acted, executed the instrument. Place Notary Seal 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. Signature _______________ _ Signature of Notary Public Though this section is optional, completing this info tion can deter alteration of the document or fraudulent reattachment of this form t n unintended document. Description of Attached Document Title or Type of Document: ____________ ____,_Document Date: _______ _ Number of Pages: ___ Signer(s) Other Than Named Abo e: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: _________ _ ,_ ~._ ::_ ' -. - Signer's Name:.,__ ___________ _ D Corporate Offi r -Title(s): ______ _ D Partner -D Li led D General D Individual □Trustee D Other: _____ ___,.,___ _______ _ ©2014 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6 Item #5907 4 01/25/13 ACKNOWLEDGMENT 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 County of San Diego on October 23, 2018 before me, Jennie Lee, Notary Public (insert name and title of the officer) personally appeared Timothy J. Stripe who proved to me on the basis of satisfactory evidence to be the person,(sj whose name'8}' is/Bf8- subscribed to the within instrument and acknowledged to me that hetshe.tthey executed the same in his/.l=ler1th~ authorized capacity..(.i.sat, and that by his/her/theiF signature(sf on the instrument the person~ or the entity upon behalf of which the person.(sracted, executed the instrument. 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. (Seal) i~ z. JENNIE LEE Notary Public -California San Diego County Commission# 2199692 My Comm. Expires Jun 26. 2021 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 County of 1,.5ll Vl D1' e3° On Nave.. M '<xr 2 . Zi51'o before me, ~-'-=-'=>£µ,,<'---'---~,<C.L.L.=-=..:::..c...=+-.....,._,.._....:........::-"'4---~-'--v\.'---"--"'-b---'----'l '--=--'<.__,, , Date Here Insert Name and Title of the personally appeared -------~~--G~o~m~e~-z_~------------- 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 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: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ 1-1 Corporate Officer -Title(s): ______ _ Ll Corporate Officer -Title(s): ______ _ LJ Partner -IJ Limited □ General C Partner -□ Limited □ General 0 Individual □ Attorney in Fact □ Individual □ Attorney in Fact [7 Trustee □ Guardian or Conservator □ Trustee n 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" THE PROPERTY LEGAL DESCRIPTION EAGREE 2018-0027 PARCEL B OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 99-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 29, 1999 AS DOCUMENT NO. 1999-0288499 OF OFFICIAL RECORDS. ; EXHIBIT "B" THE EASEMENT LEGAL DESCRIPTION EAGREE 2018-0027 20.00 FEET WIDE WATER EASEMENT FOR WATER UTILITY AND ACCESS PURPOSES AS DESCRIBED IN A GRANT DEED OF WATER LINE EASEMENT, RECORDED NOVEMBER 12, 1998, GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY ORGANIZED IN THE STA TE OF CALIFORNIA, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AS DOC. NO. 1998- 0735569, LYING WITHIN PARCEL B OF CERTIFICATE OF COMPLIANCE FOR ADJUSTMENT PLAT ADJ 99-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, ST A TE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 29, 1999 AS DOCUMENT NO. 1999-0288499 OF OFFICIAL RECORDS. AREA OF SAID ENCROACHMENT CONTAINS 500.34 SQ.FT., MORE OR LESS / / / ·vv / / SCALE· r~,o· ~ V//'.l AREA OF ENCROACHAIE/11 -------0 /0 20 JO 40 I I F \ '7 <J '7 <J PROJECT 10.: AAIEN020! 7-0020 APN Na: 2!1-022-J2-00