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Home My WebLink AboutPD 2021-0018; ARE-SD REGION NO.71 HOLDING LLC; 2021-0694204; Encroachment AgreementRECORDING 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 DOC# 2021-0694204 I IIBI 1111111111 UII 1111111111 IUI 11111111111 ~II IHI Ill II~ Oct 04, 2021 04:38 PM OFFICIAL RECORDS Ernest J. Dronen burg, Jr., SAN DIEGO COUNTY RECORDER FEES: $41.00 (S82 Atkins: $0.00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 212-062-08 __ __;;:;....;;..;. ______ _ PROJECT ID: ....;P....;D:..:2=0=21.:...-=00:..:1c.::.8 _____ _ PROJECT NAME:. _Q=.U=.,;l=D=E=-L..:..T.:.:.:I. _____ _ RELATED PROJECT ID: EAGREE2021-0006 RELATED PROJECT ID: _C.;;..B;;;..C.;..;2;;..;;0=2..;_1-~01-'-1'--1 ____ _ 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 ARE-SD REGION NO.71 HOLDING, LLC, 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 2285 Rutherford Road in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 212-062-08, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. District currently owns existing easements over, under, and across Owner's property for which easements are 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 private electrical conduits, private gas pipe, private generator and private water pipe to remain in a portion _of the public waterline easements. A plat showing .the location of the encroachments is attached as Exhibit "C" attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachments 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 (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 encroachments within sixty (60) 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 Stat(:!S 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: ARE-SD REGION N0.71 HOLDING , LLC, a Delaware limited liability company 10996 Torreyana Rd. Ste 250 San Diego, CA 92121 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 sue~ party. Ill Ill 2 01/25/13 EXHJBI-TA: PROJECT LEGAL DESCRIPTION PD2021-0018 EAGREE 2021-0006 PROPERTY: 228S RVTHERFORD RD, CARLSBAD, CA 92008 APN·: 21i-062-08-00 LOT 16 OF CARLSBAD TRACI NO .. 81-10, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNiYOFSANDIEGO,STATEOFCAUFORNIA,ACCORDINGTO.MAPTHEREOFNO. 10330,. FILED IN THE OFFICE. OF THE COU NTY·RECORDE'R OF SAN 01 EGO COUNTY, FEBRUARY 18, 1982. EXHIBtT B PD2.021.-0018 EAGREE 2021-0006 AN EASEMENT IN FAVOR O.F THE CARLSBAD MUNICIPAL WATER DISTRICT, A PUBLIC AGENCY, RECORDED IN THE CtTY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 29, 1990 AS INSTRUMENT NO. 1990-c0636064 OF OFFICIAL RECORDS. AN EASEMENT IN FAVOR OF THE CARLS.BAD MUNlCIPAL WATER DISTRICT, A PUBLIC AGENCY, RECORDED IN THE CITY OF CARLSBAD, COl,JNTY OF SAN DIE.GO, STATE OF CALIFORNIA, FILED IN lHE OFFICE OF THE COUNTY RECORDER OF 'SAN DIEGO .COUNT'/, NOVEMBER 29, 1968 AS INSTRVMENr NO. 1968:-0208018 AND RE- RECORDED NOVEMBER .29, 1968 AS INSTRUMENT N.O. 1968-0209775, BOTH OF OFFICIAL RECORDS .