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HomeMy WebLinkAboutPD 2021-0036; Central Los Angeles Transfer; 2022-0130803; Encroachment Agreementj' 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 DOC# 2022-0130803 111111111111 lllll 11111111111111111111111111111111111111111111111111111 Mar 24, 2022 10:58 AM OFFICIAL RECORDS Ernest J Dronen burg, Jr. SAN DIEGO COUNTY RECORDER FEES $44.00 (SB2 Atkins $0.00) PAGES 11 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: --=2=-=1=-2--=-1=-20=-·..:.17:....._ ____ _ PROJECT ID: --=P--=D=-=2=-=0=-2-=-1-0--'-'-03=-=6'------- PROJECT NAME: 5940 DARWIN COURT RELATED PROJECT ID: --=P--=R-=-=-20=-=2=-=1--=-0=-=0.c.0..:.6 ____ _ RELATED PROJECT ID: 1:A G ~" 1; zo , , -60 I 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 Central Los Angeles Transfer, a California 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 5940 Darwin Court in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 212-120-17, 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 Encroaclllment. District hereby covenants and agrees and grants its permission to Owner to allow private 6 inch high curb, private 2.5 inch PVC domestic water service, private 18 inch PVC storm drain, private 8 inch PVC fire service, private 4 inch sewer lateral, private 4 inch electric conduit, private motorized vehicular gate and concrete pad and private 3 inch steel hydrogen line 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, 01125113 (C) (D) 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. The Owner must remove or relocate any part of the encroachment within sixty (60) days or such other time as specified in the notice after receipt of it from the District if the District reasonably determines, in its sole discretion the exercise of which shall not be unreasonably withheld, that the encroachment must be removed or relocated, or the District may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property. 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: Central Los Angeles Transfer 1714 16th Street Santa Monica, CA 90404 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 2 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 1-: lR day of J.'1,.,"A:Y• , 20 z.2-. ( OWNER Central Los Angeles Transfer, a California corporation By: ----'-"'-~~:«--=------(Sign Here) Daniel Rosenthal, Vice President (Print Name Here) By: ----'-'-MM"""""' ........ A ..... ., '"""" '""'l]J ___ _ (Sign Here) Michel Berreitter, Chief Financial Officer (Print Name Here) Appr~,to Form Legal APPROVED AS TO FORM: CELIA BREWER City Attorney By:~~ RON KEMP Assistant City Attorney 4 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ GOMEZ, Deputy City Manager Public Works Branch 01/25/13 CALIFORNIA 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(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. neonooool AMSER MOLIFUA Notary Public • California • San Diego County l Commission II 2306534 - y Comm. Expires Sep 24, 2023 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. Place Notary Seal and/or Stomp Above Signature~)_,b,lJL Mol'/r Signature of Notary Pub ·c OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document:------------------=-"'::::... ______ _ Document Date: __________________ ___,_,,:::::_ Signer(s) Other Than Named Above: -------7"'"----------------- Capacity(ies) Claimed by Signer(s) Signer's Name: ------------,,,c....- D Corporate Officer -Title(s): ___ ,,...c:... __ o Partner -□ Limited D General Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -o Limited o General □ Individual □ Allor in Fact D Individual o Attorney in Fact □ Trustee rdian or Conservator □ Trustee □ Guardian or Conservator D Other: ------7""----------D Other: _____________ _ Signer is Representing: _________ _ ©2018 Nar nal Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing thiscertificale verifies only the identity of the ind iv id ual 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 Les itt' ~ .. Lea __ ;;,_ ___ _ On _.J ... """"""",.._.,,""=~2-=(e.-..,_'2..0...,.~i.,2.._ before me, bate \"' ~•<A 8'1ul"\UA-(!-k u,,J I NOT~ l{J,8 l-•L Here Insert Name and Title of the Officer personally appeared _____ _ BE'U.EIL--rr,.,.,.,e-;,....,..,__ ___ _ Name(zj of Slgner(Bj who proved to me on the basis of satisfactory evidence to be the perso~ whose name(9' ls/.ife subscribed to the within Instrument and acknowledged to me that he/s,l,le/thj!'y executed the samo In hls/hQt/thll!'fr authorized capacity(~ and that by hls/hpr/th,Qw slgnature~on the Instrument the person(Sf,"'or the entity upon behalf of which the person~ acted, executed tho instrument. JESSICA BAUTISTA·CHACON :;;: ~. ' ~ Notury Public -California ~ :.z .. .-~ ,., ~ Lo~ Anqeks Counly ~ ,, ~ Commi~~ion M 223]978 - My Comm. txpire;~ Apr 8, 2022 Place Notary Seal and/or Stomp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph Is truo and correct. WITNESS my hand and official sea!. Signature -cJJ__ OPTIONAL Completing this Information can deter alteration of the o r fraudulent reattachment of this form to an unintended document Descr}pt)on of Attached Document Title or Type of Document: _1?_&~~1AI MieNT __ A!e'°-~leNT: _____ _ Document Date: ___ _ Number of Pages:_ Slgner(s) Other Than Named Above: Capadty{)es) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's N;:m1e: □ Corporate-Officer -Tltle{s): _____ _ o Corporate ·.Dfftce-r -Tltle(s): ____ _ □ Partner -□ Limited □ Genernl D Prntner -'D -L~mned □ General □ Individual □ Attorney In Fact □ !ndlvldual □ Attorney In Fact □ Trustee □ Guardian or Conserv11tor □ Trustee □ Guardi1m or Conservator □ Other: _____ _ □ Other: Signor Is Representing: ________ _ Signer Is Representing: ________ _ (W2019 National Notary Association 5 01/25/13 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 ✓arni ?Pc } On > \ >,t,1V!W-Yj -Z., 7 I 2,t, "2.-'l.- Date before me. Jc6$164 £'ALITlSTA-G_.,__,or-.l 1 .,1,,-;,;;J P0~1,c:.... Here Insert Name and Title of the fficer personally appeared ----Di.,,Au•J..JIUFJa..J._eL.o=<,.,,te,:-STl+Mii!:,'--1.J""'U...-~----------------- Name/s/ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(~ whose name'8) is/a,i;e subscribed to the within instrument and acknowledged to me that he/stre/tt)ey executed the same in his/h¢r/tt>eir authorized capacity(ias). and that by his/~thetr signature(al-on the instrument the person~. or the entity upon behalf of which the persotlf.')-acted, executed the instrument. Place Notary Seal and/or Stamp 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 Completing this information can deter alteration of the documen or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _.JE;;=c,J-,r:.c-"-"'-"P'-"1>"-'4½1:rkt""'""'"";:r-ST"'-''---...Jl,"-"1,'-"(LAC=B"'-"-'"""er-S:r'-"'"-'------------- Document Date: _____________________ Number of Pages: ____ _ Signer(s) Other Than Named Above: ________________________ _ Capaclty(les) 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 of Conservator □ Trustee □ Guardian of Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2017 National Notary Association EXHIBIT "A" EAGREE 2021-0018 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 55 OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 11811, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 19, 1987. APN: 212-120-17-00 ~I) J. C:o ,it' "' !! "' November 19, 2021 PLS NO. 931 DATE CL TA Preliminary Report Form -Modified (11/17/06) Paga 3 EXHIBIT "8" EAGREE 2021-0016 A PUBLIC WATER EASEMENT, ON LOT 55 OF CARLSBAD TRACT 85-24, UNIT NO. 4 PER DOC NO. 2022-0084731 RECORDED ON 2/24/2022 PREPARED BY: COFFMAN LAND CONSUL TING, INC. November 19, 2021 DATE Page 1 of 1 0 <O 0 (0 II : .- COFFMAN LAND P.O. BOX 2497 JULIAN, CA 92036 ~ EXHIBIT "C" ENCROACHMENTS EAGREE 2021-0016 SHEET 1 OF 3 PUBLIC WATER EASEMENT PER DOC. NO.2022-0084731 d\ REC. 2/24/2022 ::::1 SITE YICINIJY MAP N.T.S. SEE SHEET 2 ENCROACHMENT PRIVATE 6" HIGH CURB SEE CITY OF CARLSBAD, ORA WING NO. 354-6 FOR WATER MAIN IMPROVEMENTS IN LOT 55, OF CARLSBAD TRACT NO. 85-24, UNIT NO. 4, MAP 11811, CARLSBAD RESEARCH CENTER; ON FILE WITH THE CITY ENGINEER. \ \ \\, \ sg 30 ~ 0 ~ 3 ' \ ~ 0 N C) C'-j II : ..- EXHIBIT "C" ENCROACHMENTS EAGREE 2021-0016 SHEET 2 OF 3 5•-TP LEGEND -· -w --EXIST1NG Bn PUBLIC WATER MAIN --FW --EXIST1NG Bn PVC FIRE SERVICE --ow--EXIST1NG 2.5" PVC OOMEST1C SERVICE --so --EXIST1NG 18" PVC STORM DRAIN (U.N.O.) --s --EXIST1NG 4" SEWER LATERAL --E --PROPOSED 4" ELECTRICAL CONDUIT -PRPN -PROPOSED 3" STEEL HYDROGEN LINE PUBLIC WATER EASEMENT PER DOC. NO.2022-0084731 REC. 2/24/2022 NOTES:® 1. INSTALL ALUMINUM ELECTRICAL CAUTION SIGN THAT READS 'BURIED ELECTRICAL: CONTACT CARLSBAD MUNICIPAL WATER DISTRICT BEFORE DIGGING' (ALUMINUM S-112610'x14' OR EQUAL) 2. INSTALL ALUMINUM CAUTION SIGN THAT READS 'UNDERGROUND GAS: CONTACT CARLSBAD MUNICIPAL WATER DISTRICT BEFORE DIGGING' (ALUMINUM S-112610'x14' OR EQUAL) 3. BACKFILL ELECTRICAL CONDUITS WITH SIX-INCH MINIMUM RED SLURRY, SLURRY MATERIAL PER ELECTRICAL CODE REQUIREMENTS. I w ~ .....J < ~ (.) ..... W 305.54-BP SD 304.21'-TP \\k ~ t (/) C) SEE SHEET 3 II -.- w _J (3 (/) C) SEE SHEET 2 EXHIBIT "C" ENCROACHMENTS EAGREE 2021-0016 ENCROACHMENT CONCRETE PAD FOR ELECTRONIC GA TE BURIED ELECTRICAL CONDUIT LEGEND SHEET 3 OF 3 NOTES:® (SEE PRIOR SHEET FOR NOTES) -w--EXISTING 8" PUBLIC WATER MAIN --FW --EXISTING 8" PVC FIRE SERVICE --ow --EXISTING 2.5" PVC DOMESTIC SERVICE -so --EXISTING 18" PVC STORM DRAIN (U.N. 0.) --s --EXISTING 4" SEWER LATERAL --E --PROPOSED 2" ELECTRICAL CONDUIT & MOTORIZED GATE -PRPN -PROPOSED 3" STEEL HYDROGEN LINE \,--tt----4----PUBLIC WATER EASEMENT PER DOC. NO.2022-0084731 REC. 2/24/2022