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HomeMy WebLinkAboutCUP 2017-0009; Stellar Properties LLC; 2023-0007739; 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# 2023-0007739 111111111111 lllll 11111111111111111111 11111111111111111111 IIIII IIII IIII Jan 11 , 2023 10:42 AM OFFICIAL RECORDS JORDAN Z. MARKS, 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.: _2::..1::..:1c....-0::..:3:..:0_:-2::..:7 ______ _ PROJECT ID: CUP 2017-0009 PROJECT NAME: Toyota Carlsbad Eco- Friendly Auto Spa RELATED PROJECT ID: EAGREE2022-0026 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 Stellar Properties, LLC, a California 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 6010 Avenida Encinas in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-030-27, 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 private storm drain facilities, private retaining wall and private electrical facilities 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 01/25/13 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 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: Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, CA 92008 If to the Owner: Stellar Properties, LLC Attn: Judith Jones-Cone Ste 220 6030 Avenida Encinas Carlsbad, CA 92011 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 /II 2 01/25/13 IN WIT~S WHE~s hereto have executed this Agreement on this. ___ Q,~ day of ~, 20"2f2..... OWNER Stellar Properties, LLC, a California limited liability company By "lt!\.-. 0 ~ OD-(_g-._g_ (Sign e) Judith A Jones-Cone (Print Name Here) By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON ::yA,w;KE~ Senior 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 Branch 01/25/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 -F--• rr r MM znx& A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certtticate is attached, and not the truthfulness, accuracy, or validity of that document. State of California • } Countyofc9c::Ja,'""\ ~c::, , On N"" ~ ~reme,~~ '? ¥-1~ ~~?LAb\\~ Date I) ~ --~..,.Here Insert Nam Title oftiie:ce:;_...-__ __. 0 personally appear·J__. ...... _,._,...' ~ .:,~,S-e--r-~ 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 capaclty(les), and that by his/her/their slgnature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. SHARON P. KING ( Notary Public -Ciliforni• r San Diego County f Commission II 130171 1 My Comm. Expim Au! 17, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and offlc 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: __________________________ _ DocumentDate: ____________________ Numberof Pages: ___ _ Slgner(s) Other Than Named Above: ______________________ _ CapacltY(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Tltle(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual □ Attorney In Fact □ Individual o Attorney In Fact □ Trustee □ Guardian or Conservator □ Trustee o Guardian or Conservator □ Other: o Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ 0 2019 National Notary Association 4 01125/13 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 80000000:8:0 0:8 I a I ~~80:0~3 13 D 111:1 Cl 11 ! 000:H 81Cl8:11:0 0'8 0:11000000: 0:0 8000:8:():0 o:o:00t01tocuo~ 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. Name(s) of Signer(s) 1 --------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 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: -------------------=-=--------- Signer(s) Other Than Named Above:--------::.,,,,,,.,,.~------------------ Capacity(ies) Claimed by Signer(s) Signer's Name: --------7"=-------Signer's Name: ____________ _ □ Corporate Officer -Title : _______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limite General □ Partner -□ Limited □ General □ Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: Signer is Representing: _________ _ OOOO()@cO o [)lfJ0000:0000080:0:o:e o:00000uuRoouflo10111110:o:o=o:e:o:o:o:ooo 0:0 o 0111 B:o:o:o@~:eoo ©2019 National Notary Association N N EXHIBIT A CUP 2017-0009 £AGREE 2022-0026 LEGAL OESCRIP TION OF PROPERTY LEGAL DESCRIPTION PARCEL 2 OF PARCEL MAP 1310 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 16, 1973. AS FILE NO. 73-042619 OF OFFICIAL RECORDS. ASSESSOR'S PARCEL NUMBER 211-030-27 PREPARED UNDER THE DIRECTION OF: GERRY KEITH STUART, LS 8866 CTE, INC 1441 MONTIEL RD SUITE 115 ESCONDIDO, CA 92026 I 1/21/2022 DATE ~ L..----------------------------------" N N EXHIBIT B LEGAL DESCRIPTION OF CMWD EASEMENT CUP 2017-0009 £AGREE 2022-0026 AN EASEMENT GRANTED TO THE CARLSBAD MUNICIPAL WATER DISTRICT RECORDED DECEMBER 30, 1993 AS DOCUMENT No. 1993-0886346 OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO. PREPARED UNDER THE DIRECTION OF: GERRY KEITH STUART, LS 8866 CTE, INC 1441 MONTIEL RD SUITE 115 ESCONDIDO, CA 92026 I 1/21/2022 DATE ~L..--------------------------------~ f! ,,, ' NOTE: SEE DWG 517-2A ON FILE WITH THE CITY OF CARLSBAD FOR DETAILS OF THE ENCROACHMENT. PREPAR°ED UNDER .THE DIRECTION OF: GERRY KEITH STUART, LS 8866 CTE, INC 1441 MONTIEL RD SUITE 115 ESCONDIDO, CA 92026 ,~taSTA&~~ I 1/21/2022 DATE SCALE: 1"=20' N ...---------------------------===----___J