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HomeMy WebLinkAboutCT 16-02; Carlsbad 17 LP; 2022-0459097; 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# 2022-0459097 111111111111 lllll 11111111111111111111 111111111111111 111111111111111111 Dec 06, 2022 10:59 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $35.00 (SB2 Atkins: $0.00) PAGES 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-200-10-00 -----------PROJECT ID: CT16-02 -----------PROJECT NAME: Ocean 17 Condominiums RELATED PROJECT ID: ~AGREE2020-0028 RELATED PROJECT ID: ----------- 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 Carlsbad 17, LP ("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 2501 State Street in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 155-200-10-00, 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 storm drain, fire service, and permeable pavers associated with 17-unit residential condominium development 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 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: Deputy City Manager, Public Works Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 If to the Owner: Carlsbad 17, LP 234 Venture Street, Suite 100 San Marcos, CA 92079 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 Ill 2 01/25/13 IN wrw ESS WHESEOF, ~es heral have executed this Agreement on this__ day of Dec._~ , 20 . . OWNER Carlsbad 17 LP, a Delaware Limited Partnership By )2./t~?z?e,;;_9? 7 ' (Sign Here) Richard Woolsey, Manager of WDI, LLC (Print Name Here) By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By ~EG4= Assistant City Attorney 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ GOMEZ, Deputy City Manager, Public Works RCE4 01/25113 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. eeeeeeee~ AMBER MOLIFUA Notary Public • California x San Diego County ~ Commission# 2306534 ~ y Comm, Expires Sep 24, 2023 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 document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: __________________ .,,,,,,,.c;__ _______ _ Document Date: ___________________ --=-"""""'=-- Signer(s) Other Than Named Above: ----------,,,,,,..,.==------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: o Corporate Officer -Title(s): -~,C....---- 0 Partner -o Limited o Gen D Individual D o Trustee D Other: National Notary Association Signer's Name: o Corporate Officer -Title(s): _______ _ o Partner -o Limited □ General □ Individual o Attorney in Fact □ Trustee o Guardian or Conservator □ Other: Signer is Representing: _________ _ . . 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. State of California County of 5a~e <?5D on-::i:}.l'd f,"5'. J ol./;;L f Date personally appeared --------¥------+''lc.''-l'--"-.-"---'-.L...e."'-'--"-..,_._~...,_,"""""1----------- who proved to me on the basis of satisfacto 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. .+, CARMELA MARIE BERUME,_ '.; Notary Public -C• liforni.i : San Diego County ,. f Commission N 2316464 My Comm. Expires Dec 20, 2023 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 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: o Corporate Officer -Title(s): ______ _ o Partner -o Limited o General o Individual o Attorney in Fact o Trustee o Guardian or Conservator D Other: Signer is Representing: _________ _ ©2018 National Notary Association Signer's Name: o Corporate Officer -Title(s): ______ _ o Partner -□ Limited □ General D Individual □ Trustee D Other: □ Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ EXHIBIT "A" EAGREE 2020-0028 CT 16-02 LEGAL DESCRIPTION OF PARCEL 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: NORTHWESTERLY 100 FEET OF THE SOUTHEAST 185 FEET OF LOT 18 OF SEASIDE LANDS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1722, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JULY 28, 1921 , THE NORTHWESTERLY AND SOUTHEASTERLY LINES THEREOF BEING PARALLEL WITH THE DIVIDING LINE BETWEEN LOTS 17 AND 18 IN SAID SEASIDE LANDS. ALSO THAT PORTION OF THE SOUTHWESTERLY HALF OF "STATE HIGHWAY" AS SHOWN ON SAID MAP ADJOINING THE ABOVE DESCRIBED PARCEL OF LAND ON THE NORTHEAST, CLOSED TO PUBLIC USE ON NOVEMBER 9, 1931 BY ORDER OF THE BOARD OF SUPERVISORS OF SAID COUNTY, A CERTIFIED COPY OF WHICH ORDER WAS RECORDED NOVEMBER 16, 1931 IN BOOK 69, PAGE 23 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING WEST OF THE EAST LINE OF THAT CERTAIN RIGHT OF WAY CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED MAY 14, 1934 AND RECORDED AUGUST 20, 1934 IN BOOK 316, PAGE 309 OF OFFICIAL RECORDS. APN: 155-200-10-00 ··········· .. .. . . . . . . :°MICHAEL C. SPIRO•~ . . . . "-. L.S. 5567 . . . . . .. .. .. .. EXHIBIT "8" EAGREE 2020-0028 CT 16-02 LEGAL DESCRIPTION OF EASEMENT 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: AN EASEMENT OVER AND ACROSS THE NORTHWESTERLY FOUR FEET OF THE SOUTHWESTERLY 185 FEET OF LOT 18, MEASURED PARALLEL TO THE SOUTHWESTERLY LINE OF LOT 18 LEGEND SUBDIVISION BOUNDARY /ROW LINE ---- PRIVATE STORM DRAIN ENCROACHMENT 17777777777771 PROPOSED STORM DRAIN --------- EXIST. EASEMENT EXIST/PROPOSED SEWER MAIN EXIST /PROPOSED SEWER MANHOLE EXIST/PROPOSED WATER MAIN EXIST. TELCO CONDUIT ---s--- QSMH ---w--- ___ TEL --- EXIST. ELEC CONDUIT ---E--- EXIST. GAS LINE -GAS--GAS- CURB & GUTTER r-------7 t::::========l PERMEABLE PAVER SURFACE CONCRETE THRUST BLOCK ~ T EASEMENT NOTES QJ INDICATES A 81 WIDE EASEMENT FOR CONSTRUCTION OF SEWERS, MANHOLES, AND APPURTENANCES IN FAVOR OF THE CARLSBAD SANITARY DISTRICT, RECORDED JJLY 18, 1952 AS BOOK 4531, PAGES 216 AND 220 OF OFFICIAL RECORDS. INDICATES A 12' WIDE EASEMENT FOR POLE LINES, UNDERGROUND CONDUITS AND INCIDENTAL PURPOSES IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY, RECORDED NOVEMBER 13, 1975 AS DOCUMENT NO. 1975-318451 OF OFFICIAL RECORDS. INDICATES A 10' WIDE EASEMENT AND RIGHT-OF-WAY FOR INSTALLATION AND MAINTENANCE OF WATER PIPELINES IN FAVOR OF CARLSBAD MUTUAL WATER COMPANY, RECORDED APRIL 12, 1954 AS BOOK 5282 PAGE 544 OF OFFICIAL RECORDS. ENCROACHMENT NOTES (D 42 LF. OF 10· PRIVATE PVC STORM DRAIN PIPE. @_ PRIVATE FIRE SERVICE PIPE @ PERMEABLE PAVER SURFACE @ 2• PRIVATE DOMESTIC WATER SERVICE AND RP BACKFLOW ASSEMBLY @ 1• PRIVATE IRRIGATION WATER SERVICE AND RP BACKFLOW ASSEMBLY r-~---, I 10 0 10 20 SCALE (FEET) PAVEMENT I I I EXISTING PO EXISTING CO CURB I / I I I I I I OWN ER: CARLSBAD 17 LP, a Delaware Limited Partnership SITE ADDRESS: 2501 State Street, Carlsbad, CA CLEANOUT -R/W~ PROPOSED STRUCTURE CITY OF CARLSBAD ENGINEERING DEPARTMENT ENGINEER: TAYLOR GROUP, IN C 301 Mission Ave., Suite 201, Oceanside, CA 92054 Tel. 760.721.9990 PUBLIC UTILITY EASEMENT ENCROACHMENT APN 155-200-10-00 PLAN# DA TE: 12/07/2021 SHEET 1 OF 1