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HomeMy WebLinkAboutCT 16-02; Carlsbad 17 LP; 2023-0135738; 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# 2023-0135738 11111111111111111 111111111111111 1111111111 IIIII IIIII IIIII IIIII IIII IIII May 24, 2023 11 :09 AM OFFICIAL RECORDS JORDAN Z MARKS SAN DIEGO COUNTY RECORDER FEES: $38 00 (SB2 Alkins· $0.00) PAGES 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 155-200-10-00 -----------PROJECT ID: _C_T_1_6_-0_2 ______ _ PROJECT NAME: Ocean Condos RELATED PROJECT ID: EAGREE2023-0007 RELATED PROJECT ID: __________ _ ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Carlsbad 17, LP, a Delaware 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 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 incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for sewer and incidental 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 storm drain to remain in a portion of the 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. (8) 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 1 Q:\CED\LandDev\PROJECTS\CnCT 16\CT 16-02 Ocean -Levy\ENCROACHMENT AGMT.doc 9/5/2014 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: 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. 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 such signature(s) thereby bind such party. 2 Q:\CEDILandDev\PROJECTS\CnCT 16\CT 16-02 Ocean -Levy\ENCROACHMENT AGMT.doc 9/5/2014 IN WITNESS WHEREOF, these parties hereto have executed this Agreement on I I day of A?P,IL.. , 20 a"?. this OWNER Carlsbad 17 LP, a Delaware Limited Partnership By: Carlsbad 17 GP, LLC, a Delaware Limited Liability Company Its General Partner By: WDI LLC, a California Limited Liability Company Its Manager Richard Wool DI , LLC (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: Senior Assistant City Attorney CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engin 3 Q:\CEDILandOevlPROJECTSICnCT 16\CT 16-02 Ocean -LevylENCROACHMENT AGMT.doc 9/5/2014 EXHIBIT "A" EAGREE 2023-0007 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: LOT 1 OF THE CITY OF CARLSBAD TRACT NO. 16-02 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16500, RECORDED MARCH 24, 2022 AS FILE NO. 2022-7000103 OF OFFICIAL RECORDS. APN: 155-200-10-00 ······· .. •· ··•. . . . . :°MICHAEL c. SPIRO\ . . . . \ LS. 5567 . . . ·•.. ..•· ....... EXHIBIT "B" EAGREE 2023-0007 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 LOT 1 OF THE CITY OF CARLSBAD TRACT NO. 16-02 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16500, RECORDED MARCH 24, 2022 AS FILE NO. 2022-7000103 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A SEWER EASEMENT GRANTED TO THE CITY OF CARLSBAD SANITARY DISTRICT PER BOOK 4531 , PAGE 216 OF OFFICIAL RECORDS, RECORDED JULY 18, 1952. EXHIBIT "C" ~ EAGREE 2023-0007 S1RfJ3J1 - CT 16-02 r-r ~ 1£ /L---s l f:'\. --C G_) LEGEND SUBDIVISION BOUNDARY /ROW LINE EXISTING ENCROACHMENT AGREEMENT PER DOC. #2022-0459097 PRIVATE STORM DRAIN ENCROACHMENT PROPOSED STORM DRAIN EXIST. EASEMENT EXIST/PROPOSED SEWER MAIN EXIST/PROPOSED SEWER MANHOLE EXIST/PROPOSED WATER MAIN EXIST. TELCO CONDUIT EXIST. ELEC CONDUIT EXIST. GAS LINE CURB & GUITTR PERMEABLE PAVER SURFACE CONCRETE THRUST BLOCK EASEMENT NOTES ~ ~~~ ===:so==== ---s--- QsMH ---w--- ---TEL --- ---E--- -GAS--GAS - ,-------7 t:::=======::J ~ .. QJ INDICATES A 8' WIDE EASEMENT FOR CONSTRUCTION OF SEWERS, MANHOLES, AND APPURTENANCES IN FAVOR OF THE CARLSBAD SANITARY DISTRICT, RECORDED JULY 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 ENCRAOCHMENT OF 115 LF. OF 6" PVC STORM DRAIN PIPE IN A PORTION OF THE SEWER EASEMENT OCCUPYING THE NORTHERLY SIDE YARD OF THE PROPERTY. FOR DISCHARGE FROt.4 PODIUM DECK BIOFlLTRATION PLANTERS. @ EXISTING ENCROACHMENT ARGREEMENT EAGREE 2020-0028 PER DOC. 2022-0459097 RECORDED DECEMBER 6, 2022. o~~~-iiil-~-~-,~1oiiiiiiiiiiiiiiiiiiiiiiiiiiiiii~Jo {2 SCALE (FEET) - I EXISTING PO (TO BE RE l ;I I / I OWNER: CARLSBAD 17 LP, a Delaware Limited Partnership SITE ADDRESS: 2501 State Street. Carlsbad, CA ENGINEER: TAYLOR GROUP , INC 301 Mission Ave .• Suite 201, Oceanside, CA 92054 Tel. 760.721.9990 APN 155-200-10-00 PLAN# SEE SHEET 2 PROPOSED STRUCTURE 42 L.F. 1 O" PVC STORM DRAIN PIPE 115 L.F. 6" PVC STORM DRAIN PIPE CITY OF CARLSBAD ENGINEERI NG DEPARTMENT PUBLIC SEWER EASEMENT ENCROACHMENT DATE: 04/05/2023 SHEET 1 OF 2 EXHIBIT "C" EAGREE 2023-0007 PROPOSED STRUCTURE CT 16-02 LEGEND SUBDIVISION BOUNDARY /ROW LINE ------ EXISTING ENCROACHMENT AGREEMENT ~ PER DOC. #2022-0459097 - PRIVATE STORM DRAIN ~~ ENCROACHMENT -· · · · · · · · · - PROPOSED STORM DRAIN ====so==== EXIST. EASEMENT EXIST/PROPOSED SEWER MAIN EXIST/PROPOSED SEWER MANHOLE EXIST/PROPOSED WATER MAIN ---s--- QSMH ---w--- EASEMENT NOTES QJ [I] INDICATES A 8' WIDE EASEMENT FOR CONSTRUCTION OF SEWERS, MANHOLES, AND APPURTENANCES IN FAVOR OF THE CARLSBAD SANITARY DISTRICT, RECORDED JULY 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 CD ENCRAOCHMENT OF 115 L.F. OF s· PVC STORM DRAIN PIPE IN A PORTION OF THE SEWER EASEMENT OCCUPYING THE NORTHERLY SIDE YARD OF THE PROPERTY. FOR DISCHARGE FROM PODIUM DECK BIOFIL TRA TION PLANTERS. @ EXISTING ENCROACHMENT ARGREEMENT EAGREE 2020-0028 PER DOC. 2022-0459097 RECORDED DECEMBER 6, 2022. r-----, 0 10 20 SCALE (FEET) "--Ac l PAVEMENT I ~ I EXISTING CONC. CURB OWNER: CARLSBAD 17 LP, a Delaware Limited Partnership SITE ADDRESS: 2501 State Street , Ca rlsbad, CA EN GINEER: TAYLOR GR OUP, INC 301 Mission Ave., Suite 201, Ocean side, CA 92054 Tel. 760.721.9990 APN 155-200-10-00 PLAN# DJ I~ (0 (/) I I 42 L.F. 10" PVC STORM DRAIN PIPE 115 L.F. 6" PVC STORM DRAIN PIPE SEE SHEET 1 75.0' PROPOSED STRUCTURE CITY OF CARLSBAD ENGIN EERING DEPARTMENT PUBLIC SEWER EASEMENT ENCROACHMENT DATE: 04/05/2023 SHEET 2 OF 2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ~ iJ8&: a a a a Bi88JBJii833838BiB □BDBBIM 8 BOOlt WWWAmWWW.WWWWWWWI A notary public or other officer completing this certificate verifies only the idenMyof 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 April 11th, 2023 Date } Carmela Marie Berumen Notary Public before me,---------------------~ Here Insert Name and Title of the Officer personally appeared __ __,R-"i"'c'-'ha~r~d'-'W=o~ol"'s~ey,_ ______________________ _ Name(s/ of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/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. i·• e a ~:...2-. ~;IE ~E;UM~tr ( < 0 Notary Public · California r I · San 0i1t10 County ~ • · Commission * 23 16464 ' ~ My Comm. Explrts Dec 20, 2023 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of C nia that the foregoing OPTIONAL Completing this information con 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: ___ _ Slgner(s) Other Than Named Above: ______________________ _ Capaclty(ies) Claimed by Signer(s) Signer's Name: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Tltle(s): ______ _ □ Partner -□ Limited □ General o 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: _________ _ --------!OiJO'IJIJ § OO&il <02019 National Notary Association -----·-i8i 3- 4 Q:\CED\LandDev\PROJECTSICT\CT 16\CT 16-02 Ocean -Levy\ENCROACHMENT AGMT.doc 9/512014 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. Cou~ On ___ .!.....:=---_;_~~~..c=----===- ...... ~r(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 sa me 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. ········~ ;.JAYWICKERHM Noury l'ublic · ulifornii. z S.,, Di~ County ~ Commission I/ 2401138 - y Comm. Expires 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 Stomp Above s;gnatu,~UL Signature of Notary Public OPTIONAL Completing this information con 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: ------~.e:::::.. ________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: --------::.,,,"=-----Signer's Name: ____________ _ □ Corporate Officer -Title(s,1.:,,c:... ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited eneral □ Partner -D Limited D General D Attorney in Fact D Individual D Attorney in Fact □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: Sign Signer is Representing: _________ _ rno:o:o:o:oom10:oo:oti:o:o:o:oooooo:o:o o~o:o:s:o 00:0:0:980o:0c11:~-00000 ©2019 National Notary Association