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HomeMy WebLinkAboutCD 2022-0001; Levine Investments limited partnership; 2022-0389416; 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# 2022-0389416 111111111111 lllll 11111 1111111111 lllll lllll lllll lllll 111111111111111111 Oct 05, 2022 10:01 AM OFFICIAL RECORDS Ernest J. Dronenburg, 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.: 213-260-10-00 _.::;_c....:;_::..:....::........:...c~.:;__----- PROJECT ID: _C.c:....::...D2::..0:..;:2:.;::2;....;-0:..;:0....;;.0....;..1 _____ _ PROJECT NAME: VIASAT BRESSI RANCH BLOOM ENERGY RELATED PROJECT ID: EAGREE2022-0015 RELATED PROJECT ID: N/A ----------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Levine Investments limited partnership, an Arizona limited partnership ("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 2426 Town Garden Road within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-260-10-00, 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 sewer purposes 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 private underground electrical and gas conduit to remain in a portion of the sewer 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, 1 Q:\CED\LandDev\PROJECTS\C0\CD 2022\CD2022-0001 VIASAT Bloom Energy -Rick\Correspondence\EAGREE2022- 0015\EAGREE2022-0001 Bloom Energy Viasat.doc 9/5/2014 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: Levine Investments LP 2801 East Camelback Rd . Suite 450 Phoenix, AZ 85016 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 th is 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 Q:\CED\LandDev\PROJECTSICDICD 20221CD2022-0001 VIASAT Bloom Energy· Rick\Correspondence\EAGREE2022- 0015\EAGREE2022-0001 Bloom Energy Viasat.doc 9/5/2014 such signature(s) thereby bind such party. this IN WITNESS WHERA>F, these parties hereto have executed this Agreement on :l..C\ ~ day of , )iJS\: , 20~. OWNER Levine Investments limited partnership, an Arizona limited partnership (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By A[½~LJ:4-7 Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California Q:ICED\landDev\PROJECTSICDICD 2022\CD2022-0001 VIASAT Bloom Energy -Rick\Correspondence\EAGREE2022- 0015\EAGREE2022-0001 Bloom Energy Viasat.doc 915/2014 Arizona Notary Acknowledgment State of Arizona County of JV/Ate I COPA The ~regoing instrument was acknowle~ed before me this ,29frl day of t±u.6-usr , PloJ.. ~ by 8"1Pfl..E.W /Vt. CbttN Who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed same in his authorized capacity . NOTARY PUBLIC • LISA CHRISTINA BULLINGTON Notary Public. State of Anzon1 Maricopa County co·mmission # 511 71 <I My Commission Expires April 1 2. 2023 I certify under Penalty of Pergery under the laws of the State of Arizona that the foregoing paragraph is true and correct. Signature:';Jtia,~ t'?w.b.~ My Commission Expires: CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 IDIIRDIIDD~ltJuOtiORlat:0000:00:000:co:ooo:(]( J JD DD JD DD D [)880@00:IIIIII0:8:()888:(ICICIIOlfflll:O 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. •••••••• i AJAY WICKERHAA Mot¥y Publk • California I San Diego County _ Comminion f 2401138 y Comm. Expir~ Apr 18, 2026 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 Stamp Above Signaturn- /gnature 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: ______________________ Number of 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: _________ _ ooeuo,a:0=0@00'88000:00000ti8008CJI a a II IU:008[ D D D D E BCOtacoo:11:IOOOIDUJOOO o:e o:e:o:800008tk80800:0:0@00 ©2019 National Notary Association EXHIBIT "A" LEGAL DESCRIPTION EAGREE2022-0015 REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1 OF MINOR SUBDIVISION NO.16-04, VIASAT BRESSI RANCH CAMPUS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21433, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 28, 2016 AS FILE NO. 2016-7000548. Bloom nergy 4353 N. FIRST STREET SAN JOSE, CA 95134 t: ( 408) 543-1500 ENGINEER OF RECORD CARSON TURNER, P.E. LICENSE# C53718 EXHIBIT "B" LEGAL DESCRIPTION EAGREE2022-0015 PUBIC SEWER EASEMENT GRANTED TO THE CITY OF CARLSBAD, PER MAP NO.21433, RECORDED DECEMBER 28th, 2016 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA. Bloom en 4353 N. FIRST STREET SAN JOSE, CA 95134 t: ( 408) 543-1500 ENGINEER OF RECORD CARSON TURNER, P.E . LICENSE# C53718 rgy · SON P. T C 53718 Exp. 6/3 ~ c, " OF Exhibit C EAGREE2022-0015 VICINITY MAP CITY OF OCEANSIDE OT TO SCALE PACIFIC OCEA .,8 ctTY or Bloom en rgy 4353 N. FIRST STREET SAN JOSE, CA 95134 t: ( 408) 543-1500 ENGINEER OF RECORD CARSON TURNER, P.E. LICENSE# C53718 L--q --1'-. ENCINITAS CITY or VISl A. SITE OF N MARCOS SHEET 01 OF 04 -' ZS a:: 0 z ~ <( u -' w NO. (1) (2) @ (4) , I I I I I I , I I I , , I I , , I I I , I I I I I I I , I , , I I I , , , , I I , , I , I I I , I , I I PURPOSE GAS LINES EXISTING LANDSCAPE @ MAINTENANCE EASEMENT FOR BRESSI RANCH MASTER ASSOCIATION PARCEL MAP NO. 14960 LIN£ XISTING GAS EASEMENT CD OR SDGE PER DOC. NO. } 151772 . , 1 :, ,. l· I• , .l . . , . ,. VIASAT (EXISTING) .:..,-,~·.· .... <r:· ... -~----; .. -: .. . . . . , ... ·~--...... . -. «;'z;..:.:~ .;...;._.~: EASEMENT TABLE OWNER REFERENCE SDGE DOC. NO. 151772 SIGHT DISTANCE CITY OF CARLSBAD MAP NO. 14600 LANDSCAPE BRESSI RANCH MASTER MAP NO. 14960 MAINTENANCE ASSOOA TION SEWER CITY OF CARLSBAD PM 21433 LEGEND UNDERGROUND GAS UNDERGROUND ELEC1RICAL . -:1 .(· t :: ISTI WER EASEMEN TY Of CARLSB R PARCEL MA 433 41 .....• • \J~ ~ EXISTING LANDSCAPE MAINTENANCE EASEMENT FOR BRESSI RANCH MASTER ASSOCIATION . • ~T ••• .. lY • ... ··1········ •• •• PARCEL MAP NO. 14960 .. . .. ... . . . ... .. ... .. ... .•••• 140' DATE DISPOSITION July 27, 1960 TO REMAIN Moy 29, 2003 TO REMAIN February 4, 2005 TO REMAIN December 28, 2016 TO REMAIN SHEET 02 OF 04 SEE DETAIL IN SHEET 4 PROPOSED ENCROACHMENT IN PUBLIC SEWER EASEMENT PER EACREE2022-0015 FOR UNDERGROUND GAS PIPE AND UNDERGROUND ELECTRIC CONDUITS ENCROACHMENT AGREEMENT NOTES: 1. INSTALL ALUMINUM CAUTION (ALUMINUM S-1126 1o·x14• OR EQUAL) THAT READS: "UNDERGROUND GAS: CONTACT OTY OF CARLSBAD UTILITIES DEPARTMENT BEFORE DIGGING". 2. INSTALL ALUMINUM CAUTION SIGN (ALUMINUM S-1126 1o·x14• OR EQUAL) THAT READS: "BURIED ELECTRICAL CONTACT CITY OF CARLSBAD UTILITIES DEPARlMENT BEFORE DIGGING". 3. BACKFILL ELECTRICAL CONDUITS WITH SIX-INCH MINIMUM RED SLURRY, SLURRY MATERIAL PER ELECTRICAL CODE REQUIREMENTS. 4. INSTALL TRACER WIRE AND/OR DETECTABLE MARKING TAPE AND WARNING/ID TAPE IN GAS LINE AND ELECTRICAL CONDUIT TRENCHES THROUGH SEWER EASEMENT. EASEMENT TABLE NO. PURPOSE OWNER REFERENCE 1 GAS LINES SDGE DOC. NO. 151772 2 SIGHT DISTANCE CITY OF CARLSBAD MAP NO. 14600 0 DATE July 27, 1960 May 29, 2003 Q) LANDSCAPE BRESSI RANCH MASTER MAP NO. 14960 February 4, 2005 MAINTENANCE ASSOCIATION 4 SEWER CITY OF CARLSBAD PM 21433 December 28, 2016 ---- . . . . N .. . . ~ ...... .. V "" i ,._ ~ .. . .. O' DISPOSITION TO REMAIN TO REMAIN TO REMAIN TO REMAIN StiEET OJ Of 04 EXISTING 20' SEWER EASEMENT FOR CITY OF CARLSBAD PER PARCEL MAP NO. 21433 EXISTING GRADE, ELEV ±301 NEW 2" GAS LINE, ELEV ±300 NEW 2-3" PVC ELECTRICAL CONDUITS, ELEV ±299 EXISTING 8" PVC SEWER IN 16" CASING, 8" SEWER INVERT ELEV ±288 SECTION A-A SCALE : NTS SHEET 04 Of 04