The URL can be used to link to this page

Home My WebLink AboutPD 2020-0016; Wave Crest Resorts III LLC; 2020-0631287; Encroachment AgreementDOC# 2020-0631287 111111111111111111111111111111111111111111111111111111 11111#1111 Oct 16, 2020 02:07 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $32.00 (SB2 Atkins: $0.00) PAGES: 7 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CARLSBAD MUNICIPAL WATER DISTRICT WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: 210-100-19-00 PD 2020-0016 HILTON GARDEN INN GATE ACCESS CONTROL RELATED PERMIT ID: RELATED PROJECT ID: EAGREE2020-0019 ROW2020-0767 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 Wave Crest Resorts III 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 6450 Carlsbad BI, the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 210-100-19-00, 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 gate access control device 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 1 01/25/13 (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: Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 If to the Owner: Wave Crest Resorts LLC 829 2nd Street, Unit A Encinitas, CA 92024 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. /// /// /// 2 01/25/13 (Sign Here) IN WIINESS WHEREpF, t4ye parties day of lit5 4 sr hereto have executed this Agreement on 20 2-z . OWNER Wave Crest Resorts LLC, a California limited liability company William L. Canepa (Print Name Here) By: (Sign Here) (Print Name Here) DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ GOMEZ, Deputy City Manager Public Works Department 4.414.7 />-Y2 RCE 43 5 Exp. 6/30/2021- :- APPROVED AS TO FORM: CELIA BREWER City Attorney By: •RoBERTo CoOTRECAs Assistant City Attorney 3 01/25/13 Place Nobly Seal and/or Stomp Above 6/404,4 Signature ,ature of N Public 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 Docur ent: Document Date: 4;:2' VS- Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: El Corporate Officer — Title(s): ci Partner — U Limited CI General U Individual CI Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other. Signer is Representing: Signer's Name: 0 Corporate Officer — Title(s): O Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact D Trustee 0 Guarclian or Conservator 0 Other: Signer Is Representing: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE if 1189 . :•1 . ' : :• A notary public or other officer completing this certificate verifies onlythe 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 Cal tnia County of On '3 1-7 -1 2070 1101_, before me,letik-Olue- ( \._)uiCeid , Dote Here Insert Name and Title thi Officer personally appeared t 3 v‘Vv244A... - C. e Name(s) of Sig or(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(les), 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. JENNIFER CAULFIELD l certify under PENALTY OF PERJURY under the COMMISSION NQ 2244638 p laws of the State of California that the foregoing NOTARY,PUBLIC-CALIFORNI paragraph Is true and correct SAN DIEGO COUNTY COMMISSION EXPIRES JUNE 01,2022 1WITNESS my hand and official seal. 02019 National Notary Association 4 01/25/13 EXHIBIT "A" PROPERTY DESCRIPTION Parcel A of Certificate of Compliance for adjustment plat, ADJ 530, in the City of Carlsbad, County of San Diego, State of California, according to Document 1998- 0747419, filed in the Office of the County Recorder of San Diego County on November 17, 1998. APN: 21 0-1 00-1 9-00 PD2020-0016/EAGREE2020-0019 Hilton Garden Inn Gate Access Control EXHIBIT "B" EASEMENT A water line easement, per PR 00-49, in the City of Carlsbad, County of San Diego, State of California, according to Document 2000-0419047, filed in the Office of the County Recorder of San Diego County on August 8, 2000. PD2020-001 6/EAGREE2020-001 9 Hilton Garden Inn Gate Access Control , PLAT OF PROJECT- PD 2020-0016 Existing Curb Edge LEGEND AG — Auto Gate EV — Exit Verifier KS — Knox Key Switch ENTRY Encroachment in Easement o' / 2 2 / 2 PROJECT Hilton Garden Inn Carlsbad DOC 2000-0419047 SHEET: 1 of 1 Exhibit Parking Lot Access Control APPROVED: CHECKED: SCALE: DRAWN: TY Y4" = 1 LOCATION: 6450 Carlsbad Blvd Carlsbad, CA 92011 REF No. EAGREE 2020- 0019 REVISION DATE Access Systems 9153 Chesapeake Dr San Diego, CA 92123 (858) 541 7896