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HomeMy WebLinkAboutPD 2019-0019; lonis Gazelle LLC; 2022-0158155; 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# 2022-0158155 1111111 11111 lllll 1111111111111111111111111111111111111111 IIIII IIII IIII Apr 11, 2022 03:48 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-27-00 209-120-20-00 PROJECT ID: -'P-'D;..;:2:..:c0..c..19::....-..:;..00::....1--=-9------ PROJECT NAME: IONIS PHARMACEUTICALS RELATED PROJECT ID: EAGREE2022-0001 RELATED PROJECT ID: _M=S2::...;0:....;.1.c:...8---=-0.c:...00;_;:9 _____ _ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and lonis Gazelle, 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 2855 Gazelle Court within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 209-120-27-00 and 209-120-20-00, 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 Public Street and Public Utility 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 rolled curb, landscaping, irrigation lines, and decorative planters to remain in a portion of the Public Street and Public Utility 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, 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: Elizabeth Hougen lonis Pharmaceuticals 2855 Gazelle Court 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. 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 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 6-f' day of M q.fc.1' , 20~. OWNER lonis Gazelle, LLC, a Delaware limited liability company By ~ Elizabeth L. Hougen (Print Name Here) By:--------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By mRlK~ Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASO , Engin r CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 110100000 o o o IJC [Ji(] □ c c o □ □ □ [J08oooeoooooooooouo81 o a Ill(] □ lffl080l)I o a □ □ □ □ o a WJ a WJO ai 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 -=S_Q:.....v'l"----'-1)_1_~,+-0 _____ _ On March \ s.\-1-07/l-before me, __ Vi__,_a.\-½~er.L...;,L:..:\'\L=--.,_~=S...:....(!,,+· __.N...JL.><-o~L:.!..1--f~_,___P,___,u:....;::~....:.;\ '=C.:...__ Date Here Insert Name and Title of the Officer personally appeared _ ______:::E::::..Jlu.1:Z-~"c.:;)?efu...:.....i...!....:.,_-----l.\-\...!.!o~v,e_1+t"'-'~c...!_ _____________ _ 'llame(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 and/or Stomp 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 _!).L.-~--"'--..:,__ ____ -=:::::..._-____ _ Signature of Notary 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 Document: ~C..<00..C~\t\'\:fV\.\.-A~f!P-W\eVli' Document Date: _____________________ Number of Pages: __ 7_._ __ 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 Fa ct □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 80lilll--D D D D D a ll8000£ U:Z [AO WJOilll aQJU □ : -~~-a a o □ Br80000l[Ji(J c c □ IJfJI a o II00081l o □ iffl08 ©2019 National Notary Association CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ~08'13 B m880011:H:000000080@:8008i8~:lffl8800J DJ [)H1Qa1:R1J D 00000000(:IJ:~880@ 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 ,~ t) \~O D } On tf\ (>. V CH\ '2.. '\ t '1-£> 2.-"L before me, lfU~--d.. '£.-evV\AMei.., "-) ~ ~t,h ;,__, ' Here Insert Name and Title ~fficer Date personally appeared -----'.__).._...Q.;.__S~u,.._:)").:......L.. _ _,,,S......_t=---.,.,(s-e...__---'\:...::44"=-=~--------------- 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. •••••••• f CECELIA FERNANDEZ Notary Public • California : San 0il!go County ~ Commission# 2334735 - y Comm. Expires Oct 30, 2024 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. Signature --~---'"'---'-'"'----'"""'--" .. ~~,_.~"--'"""---__::;;c;__...;;;;.,'-- Signature of Notary 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 Document: ___________________________ _ Document Date: _______________________ Numberof 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: _________ _ DOl!II a 11 c0:CJ0000000@80l)OO:o:0111aa11011co:oooo:o:o:o:o 0:0:1 m 111ioo~11R01roeoo:80080 o e rn0co:001:t:o:o:o:o ©2018 National Notary Association EXHIBIT "A" EAGREE 2022-0001 PROPERTY LEGAL DESCRIPTION PARCEL 1 OF MAP NO. 21705, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON AUGUST 1, 2019 AS DOCUMENT 2019-7000285 OF OFFICIAL RECORDS. PASCO LAREY SUITER & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM PLSA JOB NO. 2844 PD2019-0019 PUBLIC IMPROVEMENT PLAN ENCROACHMENT AGREEMENT SHEET 1 OF 1 EXHIBIT "B" £AGREE 2022-0001 GAZELLE COURT RIGHT-OF-WAY LEGAL DESCRIPTION PORTION OF A PUBLIC STREET & PUBLIC UTILITY EASEMENT, ACCORDING TO MAP THEREOF NO. 16145, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON OCTOBER 13, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. PASCO LAREY SUITER & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM PLSA JOB NO. 2844 PD2019-0019 PUBLIC IMPROVEMENT PLAN ENCROACHMENT AGREEMENT SHEET 1 OF 1 EXHIBIT "C" £AGREE 2022-0001 VICINITY MAP CITY OF OCEANSIDE NOT TO SCALE 7a PACIFIC OCEAN NOTE REFER TO DWG NO. 519-1 ON FILE WITH THE CITY OF CARLSBAD FOR ADDITIONAL DETAILS. APN 209-120-27 209-120-20 CITY OF APPLICANT IONIS PHARMACEUTICALS, INC. 2855 GAZELLE COURT CARLSBAD, CA 92010 (760) 603-2562 • 5 e-z_ -·~~-~-:+-:.~=--------- DATE: PASCO LAREY SUITER ------& ASSOCIATES PH. 858.259.821 2 I PLSAENGINEERING.COM PLSA JOB NO. 2844 PD2019-0019 OF VISTA Y OF N MARCOS OWNER IONIS PHARMACEUTICALS, INC. 2855 GAZELLE COURT CARLSBAD, CA 92010 (760) 603-2562 PUBLIC IMPROVEMENT PLAN ENCROACHMENT AGREEMENT SHEET 1 OF 2 LEGEND IMPROVEMENT PUBLIC RIGHT-OF-WAY ~ PUBLIC RIGHT-OF-WAY CENTERLINE EX. PUBLIC SIDEWALK - EXHIBIT "c" £AGREE 2022-0001 ENCROACHMENT PVT. MOW CURB ENCROACHMENT PVT. LANDSCAPE -----------~ Cbt.,,,,-C,1_ ENCROACHMENT PVT. /RR/GA TION SYMBOL l . __ ,. , ... ,, ··= -I IMPROVEMENT EX. ROLLED CURB (TYPE A) PROPOSED PVT. /RR/GA TlON ----+-I oof----- PROPOSED PVT. ENCROACHMENT PROPOSED PVT. RAISED PLANTER PROPOSED PVT. MOW CURB PROPOSED PVT. RIVER ROCK PROPOSED PVT. LANDSCAPE RELOCATED PVT. SIGN PASCO LAREY SUITER -----&ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM I PLSA JOB NO. 2844 PD2019-0019 ENCROACHMENT RELOCATED PVT. SIGN -__ " .. _, \\ ENCROACHMENT PVT. RIVER ROCK v! ENCROACHMENT PVT. RAISED PLANTERS SYMBOL O::QIC!J 121 -~ 0 30' 60' 1· •• ·.·.1 _Q_ 1 1 ~ GRAPHIC SCALE: 1''=30' PUBLIC IMPROVEMENT PLAN ENCROACHMENT AGREEMENT SHEET 2 OF 2