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HomeMy WebLinkAboutCT 16-07; KB Marja Acres 248 LLC; 2023-0061353; 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# 2023-0061353 I llllll 1111111111111111111111111 ll111 111111111111III 11111 1111111111111 Mar 09, 2023 03:10 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins $0.00) PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: .....:2::..:0....:...7.....:•1...:.0..:....1·...:.35::..e.,....:c3..:....7 ____ _ PROJECT ID: _C~T.;___;_16.:..·...::.0.:..7 ______ _ PROJECT NAME: MARJA ACRES RELATED PROJECT ID: EAGREE 2021-0023 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 KB Marja Acres 248 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 4901 El Camino Real in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 207-101-35 and 37, 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 sewer main and manhole, private modular wetland system and storm drain, enhanced pavement, private median curb, hardscape and landscape, private water, reclaimed water and fire main 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: KB Marja Acres 248 LLC 9915 Mira Mesa Blvd, Suite 100 San Diego, CA 92131 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 Ill 2 01/25/13 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this .2. !,i,,J.. day of ~ , 2otl. OWNER DISTRICT, CARLSBAD MUNICIPAL KB Marja Acres 248 LLC, WATER DISTRICT, a public agency a Delaware limited liability company organized under the Municipal Water Act of 1911 By: KB Home Marja Development LLC, a Delaware limited liability company Its Managing Member Jesse Kleist (Print Name Here) By: ---------,--------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Atton O i ~ By:~ RON KEMP Senior Assistant City Attorney 3 PAZ GOMEZ, Deputy City Manager Public Works Branch 01/25/13 CALIFORNIA NOTARY ACKNOWLEDGEMENT. 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 San Diego On ~S)\~ \\o !) ~~o),,'b before me, Katherine M. Katcher, Notary Public, personally appearedJ~e Kleist , 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 the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 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 official seal. ~--......... . , , ..... : KATHERINE M. KATCHER f -~ , Notary Public • California f San Diego County f Commission# 2308019 - Signature ---+--'/4'""""""~~--h ............... / !t-=-ctz=...:~~-· (Seal) t My Comm. Expires Oct 4, 2023 Copyright© 2018 NotaryAcknowledgement.com. All Rights Reserved. CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 I oo=oc01a1000 o=o 0:8 0:0:0090 0:1111:1 1:1 :a Ul:11 !:S D 6 J JOi lCIOOt:08008:0:1 I 10000080ti:0=1 I om:010:0 0 0 J J EtB:0:1 Ot:Q0:00000890ti 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 • } Cou~ty of Jan Dl£vtV . On futua~ :J.7Ji lf:D}3 befme me. JlmJur Mo/i[ua, t.JoJlt':;j Puhl/(, , ate O IA Here Insert Name and Title of the fficer personally appeared c_lt 't teJ. ~ Dyrl.l 2,... 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. ········~ AMBER MOLIFUA Notary Public· California San Diego County i Commission II 2306534 - Y Comm. Expjres 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. s;gnaMe~M,~ Signature of Notary ~ 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: _____________________ _ Signer(s) Other Than Named Above: ---------___,,,,,,,c:.. ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: □ Corporate Officer -Title(s): _______ _ □ Partner -D Limited □ General □ Individual □ Trustee D Other: □ Attorne · Fact o Gua · n or Conservator ©2018 ational Notary Association igner's Name: □ Corporate Officer -Title(s): _______ _ o Partner -□ Limited □ General o Individual □ Attorney in Fact o Trustee □ Guardian or Conservator D Other: Signer is Representing: _________ _ EXHIBIT 'A' MARJA ACRES EAGREE 2021-0023 CT 16-07 PROPERTY DESCRIPTION LOTS 1 THROUGH 13 OF CITY OF CARLSBAD TRACT NO. 16-07, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STA TE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16537, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY DECEMBER 18, 2022. REQUESTED BY: HWl. PLANNING & ENGINEERING 2888 LOKER A VENUE EAST, SUITE 217 CARLSBAD, CA 92010 (760) 929-2288 CITY OF' OCEANSIDE PACIFIC 78 PROJECT SITE VICINITY MAP ENCROACHMENT AGREEMENT CITY OF CARLSBAD SEE DWG 529-9 & 529-98 ON FILE WITH CITY FOR DETAILS NOT TO SCALE y OF' N MARCOS PROJECT ID: CT 16-07 DA TE: OCTOBER 5, 2022 SHEET 1 OF 1 SHEET APN: 207-1 01 -35 AND 207-101 -37 EXHIBIT 'B' MARJA ACRES EAGREE 2021-0023 CT 16-07 CITY EASEMENT UNDERLYING ENCROACHMENT G) PR/VA TE SEWER MAIN, DWG 529-98: WATER EASEMENT OED/CA TED ON MAP NO 16537, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 1, 2022 AS FILE NO. 2022-7000617. 0 PR/VA TE MODULAR ~TI.AND SYSTEMS, DWG 529-9A: WATER EASEMENT OED/CA TED ON MAP NO 16537. RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 1, 2022 AS FILE NO. 2022-7000617, @ ENHANCED PAVfMENT, DWG 529-98: WATER EASEMENT OED/CA TED ON MAP NO 16537, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 1. 2022 AS FILE NO. 2022-7000617. @ PRIVATE MEDIAN CURB, HAROSCAPE AND LANDSCAPE, 529-98: WATER EASEMENT OED/CA TED ON MAP NO 16537. RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 1, 2022 AS FILE NO. 2022-7000617. @ PR/VA TE WATER MAIN, DWG 529-98: WATER EASEMENT OED/CA TED ON MAP NO 16537, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 1, 2022 AS FILE NO. 2022-7000617, @ PR/VA TE RECLAIMED WATER MAIN, DWG 529-98: WATER EASEMENT OED/CA TED ON MAP NO 16537, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 1. 2022 AS FILE NO. 2022-7000617. 0 PRIVATE FIRE WATER MAIN, DWG 529-98: WATER EASEMENT OED/CA TED ON MAP NO 16537. RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 1, 2022 AS FILE NO. 2022-7000617. @ PRIVATE SE~R MANHOLE, DWG 529-98: WATER EASEMENT OED/CA TED ON MAP NO 16537, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON DECEMBER 1. 2022 AS FILE NO. 2022-7000617. REQUESTED BY: HWI.. PLANNING & ENGINEERING 2888 LOKER A VENUE EAST, SUITE 217 CARLSBAD, CA 92010 (760) 929-2288 ENCROACHMENT AGREEMENT CITY OF CARLSBAD SEE DWG 529-9 & 529-98 ON FILE WITH CITY FOR DETAILS PROJECT ID: CT 16-07 DA TE: OCTOBER 05, 2022 SHEET 1 OF 1 SHEETS APN: 207-101-35 AND 207-101-37 I I I I I I REQUESTED BY: Hitt. PLANNING & ENGINEERING 2888 LOKER A V£NUE EAST, SUITE 217 CARLSBAD, CA 92010 (760) 929-2288 1 OF 3 EXHIBIT 'C' LOT2 ---WATER EASEMENT PER FINAL 0. 16537. RECORDED ON DECEMBER l, 2022, LOT7 u~t ' , ./' ./ 0~ \ / o'rt" , ,,, ,,, '1/ \ \ ,,,, / '",,,'_4'1~ TYPES OF ENCROACHMENTS: ~'f. \)'-"" ~ r 0..; PR/VA TE SEWER MAIN 0 PR/VA TE MODULAR WETLAND SYSTEM AND STORM DRAIN SCALE: 1"=200' 0) ENHANCED PAVEMENT (D PRIVATE MEDIAN CURB, HARDSCAPE AND LANDSCAPE @ PRIVATE WATER MAIN @ PR/VA TE RECLAIMED WATER MAIN 0 PR/VA TE FIRE WATER MAIN @ PR/VA TE SEWER MANHOLE ENCROACHMENT AGREEMENT CITY OF CARLSBAD SEE DWG 529-9 & 529-9B ON FILE WITH CITY FOR DETAILS PROJECT ID: CT 16-07 DA TE: NOVEMBER 30, 2022 SHEET 1 OF 3 SHEETS APN: 207-101-35 AND 207-101-37 REQUESTED BY: HWI.. PLANNING & ENGINEERING 2888 LOKER A VENUE EAST, SUITE 217 CARLSBAD, CA 92010 (760) 929-2288 LOT 1 SCALE: 1"=40' EXHIBIT 'C' MARJA ACRES EAGREE 2021-0023 CT 16-07 ---::----12( -C,4Miiio-- R12,4L----- --PUBLIC WA T£R MAIN LOT LINE PUBLIC FIRE MAIN LOT2 WA 1ER EASEMENT PER FINAL MAP NO. 16537. RECORDED ON DECEMBER 1. 2022. TYPES OF ENCROACHMENTS: CD PR/VA TE SEWER MAIN 20F 3 0 PR/VA TE MODULAR WETLAND SYSTEM AND STORM DRAIN 0 ENHANCED PA VfMENT 0 PR/VA TE MEDIAN CURB, HARDSCAPE AND LANDSCAPE @ PR/VA TE WATER MAIN @ PR/VA TE RECLAIMED WATER MAIN 0 PRIVATE FIRE WATER MAIN ENCROACHMENT AGREEMENT CITY OF CARLSBAD SEE DWG 529-9 & 529-98 ON FILE WITH CITY FOR DETAILS PROJECT ID: CT 16-07 DA TE: NOVEMBER 30, 2022 SHEET 2 OF 3 SHEETS APN: 207-101-35 AND 207-101-37 PUBLIC STREET AND UTILITY EASEMENT PER FINAL MAP NO. 16537, RECORDED ON DECEMBER l, 2022. LOT3 EXHIBIT 'C' MARJA ACRES EAGREE 2021-0023 CT 16-07 EL CAMINO REAL V) LOT1'0 LOT13 WATER EASEMENT PER FINAL MAP NO. 1653l RECORDED ON DECEMBER l, 2022. LOT LINE 30F3 LOT LINE REQUESTED BY: HWL PLANNING & ENGINEER/NG 2888 LOKER A VENUE EAST, SUITE 217 CARLSBAD, CA 92010 (760) 929-2288 SCALE: 1"=40' TYPES OF ENCROACHMENTS: CD PRIVATE SEWER MAIN 0 PRIVATE MODULAR WETLAND SYSTEM AND STORM DRAIN @ ENHANCED PA \/EMENT G) PRIVATE MEDIAN CURB, HARDSCAPE AND LANDSCAPE (D PRIVATE WATER MAIN @ PRIVATE RECLAIMED WATER MAIN 0 PRIVATE FIRE WATER MAIN @ PRIVATE SEWER MANHOLE ENCROACHMENT AGREEMENT CITY OF CARLSBAD SEE DWG 529-9 & 529-98 ON FILE WITH CITY FOR DETAILS PROJECT ID: CT 16-07 DA TE: OCTOBER 05, 2022 SHEET 3 OF 3 SHEETS APN : 207-101-35 AND 207-101-37