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HomeMy WebLinkAboutPD 2020-0049; Carlsbad Unified School District; 2023-0148277; Encroachment AgreementfoJ, RECORDING 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# 2023-0148277 111111111111 11111111111111111111111111111111111 IIIII IIIII IIIII IIII IIII Jun 07, 2023 11 :35 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-101-11-00, 167-101-12-00 PROJECT ID: PD2020-0049 -----------PROJECT NAME: HOPE ELEMENTARY RELATED PROJECT ID: EAGREE2023-0011 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and CARLSBAD UNIFIED SCHOOL DISTRICT, ("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 3010 Tamarack Avenue, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 167-101-11-00 and 167-101-12-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns existing easements over, under, and across Owner's property for public street which easements are 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 a private storm drain and private storm drain cleanout to remain in a portion of the easements. 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 hereunder, including any loss, damage, or expense arising out of 1 Q:\CED\LandDev\PROJECTS\PD\PD 2020\PD2020-0049 Hope Elementary School -Mclaughlin\ENCROACHMENT AGMT.doc 9/5/2014 (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: Eric R. Dill Carlsbad Unified School District 6225 El Camino Real 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. 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 O:ICED\LandDev\PROJECTSIPDIPD 2020\PD2020-0049 Hope Elementary School -Mclaughlin\ENCROACHMENT AGMT.doc 9/5/2014 this IN WITNl;:SS WHERE~hese parties hereto have executed this Agreement on zz,,..J day of V , 20_Z3._. I OWNER By:--~~-~-~-~-'------ (Sign Here) £!?.1 L E '/JI i-L- (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: " RON KEMP Senior AssistantCityttorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engine rin Manager Q:\CED\LandDev\PROJECTS\PD\PD 2020\PD2020-0049 Hope Elementary School -Mcl aughlin\ENCROACHMENT AGMT.doc 9/5/2014 EXHIBIT '~ II EAGREE 2023-0011 PROPERTY LEGAL DESCRIPTION REAL PROPERTY IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL 1: (APN 167-101-11) A PORTION OF LOT • J• OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 9336, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, ON MAY 12, 1983, SAID POINT BEING THE WESTERLY TERMINUS OF THAT LINE SHOWN ON SAID RECORD OF SURVEY AS NORTH 70" 04' 46" EAST 699.57 FEET; THENCE ALONG SAID BOUNDARY AS FOLLOWS: NORTH 70" 04' 45• EAST 699.57 FEET; SOUTH 16" 49' 53• EAST 218.38 FEET; SOUTH 26" 1 O' 23• EAST 500.00 FEET, SOUTH 85" 29' 3r WEST 480.00 FEET; NORTH 39" 00' 23• WEST 372.00 FEET; NORTH 13" 46' 34• WEST 176.97 FEET; THENCE SOUTH 70" 04' 45• WEST 167.64 FEET; THENCE LEAVING SAID BOUNDARY, NORTH 28" 37' 41• WEST 60.70 FEET TO THE POINT OF BEGINNING. PARCEL 2: {APN 167-101-26) THAT PORTION OF LOT • J• OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 823, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY TERMINUS OF THAT LINE DESIGN A TED AS NORTH 70" 04' 45• EAST 699.57 FEET IN THE BOUNDARY OF RECORD OF SURVEY MAP NO. 9336, RECORDED IN THE omcE OF SAID COUNTY RECORDER; THENCE ALONG SAID LINE NORTH 70" 04' 45• EAST 190.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID LINE NORTH 15" oo· oo· WEST 151.19 FEET; THENCE NORTH 31" 30' oo· WEST 330.00 FEET; THENCE NORTH 64" 19' 45• EAST 656.87 FEET TO THE BEGINNING OF A NON-TANGENT 680.00 FOOT RADIUS CURVE CONCAVE EASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 76" 38' 48• WEST; THENCE 358.24 FEET SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 30" 11' 05•; TRACT NO. SOUTH 16" 49' 53• EAST 203.60 FEET TO SAID LINE DESIGN A TED NORTH 70" 04' 45• EAST 699.57 FEET; THENCE ALONG SAID LINE SOUTH 70" 04' 46" WEST 478.82 FEET TO THE TRUE POINT OF BEGINNING. FPL AND ASSOC/A TES, INC. ALAN WING-C 4/28/2023 DATE JO CORPORA TE PARK, SUITE 401 IRVINE, CA 92606 PD2020-0049 PUBLIC IMPROVEMENT PLAN ENCROACHMENT AGREEMENT SHEET 1 OF 1 EXHIBIT "B" EAGREE 2023-0011 TAMARACK AVENUE RIGHT-OF-WAY LEGAL DESCRIPTION PART 1 AN EASEMENT FOR PUBLIC STREET PURPOSES GRANTED TO THE CITY OF CARLSBAD PER DOCUMENT NO. 86-420849 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 23, 1986. PART 2 PORTION OF TAMARACK AVENUE, ACCORDING TO MAP THEREOF NO. 11286, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON JULY 15, 1985 AS DOCUMENT NO. 85-250776 OF OFFICIAL RECORDS. FPL AND ASSOC/A TES, INC. ALAN WING-C 4/28/2023 DATE JO CORPORA TE PARK, SUITE 401 IRVINE, CA 92606 PD2020-0049 PUBIJC IMPROVEMENT PLAN ENCROACHMENT AGREEMENT SHEET 1 OF 1 EXHIBIT "C" EAGREE 2023-0011 VICINITY MAP CITY or OCEANSIDE NOTE REFER TO DWG NO. 528-2A ON FILE WITH THE CITY OF CARLSBAD FOR ADDITIONAL DETAILS. APN 167-101-11 167-101-26 FPL AND ASSOC/A TES, INC. 78 CITY or ENCINITAS APPIJCANT FPL & ASSOCIATES 30 CORPORATE PARK STE 401 IRVlNE, CA 92606 (949) 252-1688 ALAN WING-C 4/28/2023 DATE JO CORPORA TE PARK, SUITE 401 IRVINE, CA 92606 PD2020-0049 CITY or VISTA ~o~ CITY or SAN MARCOS OWNER CARLSBAD UNIFIED SCHOOL DIST. 6225 EL CAMINO REAL CARLSBAD, CA 92010 (760) 331-5000 PUBLIC IMPROVEMENT PLAN ENCROACHMENT AGREEMENT SHEET 1 OF 2 EXHIBIT "C" EAGREE 2023-0011 ENCROACHMENT PVT. DRAIN CLEANOUT EXIST. PUBLIC STREET EASEMENT PER DOC. 86-420849 ENCROACHMENT----1---:~:!0:'~ LEGEND IMPROVEMENT PVT. DRAIN PIPE PUBLIC RIGHT-OF-WAY PUBLIC RIGHT-OF-WAY CENTERLINE EXISTING PUBLIC SIDEWALK PROPOSED PRIVATE STORM DRAIN SYMBOL I z,. ~-:-,; ;-1 --so-- ALAN WING-C 4/28/2023 DATE FPL ANO ASSOC/A TES, INC. JO CORPORA TE PARK, SUITE 401 IRVINE, CA 92606 PD2020-0049 EXIST. PUBLIC STREET PER MAP 11286 -\\\~G-c,y / . No. C 34971 · PUBIJC IMPROVEMENT PLAN ENCROACHMENT AGREEMENT SHEET 2 OF 2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identttyofthe 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 SA rJ J>\E'-0 N~T.M r On O <' ( ~.l-f JocJ3 before me. kJ B..M ~ . M ~ SBA. Po&, c Dare I) Here lnsen Name and Title of the ;jfficer personally appeared ~ / C "-• )> Name(s) of Slgner(s) who proved to me on the basis of satisfactory evidence to be the personi,l whose name(#) lsta;4'subscrlbed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity~. and that by his/her/their slgnaturevi, on the Instrument the person~). or the entity upon behalf of which the person(I) acted, executed the Instrument. r"•Y••.-, ••••••••NNU,/'U.-••••,/'NN.W.,V,,,-a KIRAN B. MISRA 7 ~ COMM.# 2416382 ~ NOTARY PUBLIC • CALIFORNIA ~ t.m.•.•.: .. ~.-~.~~~~~~~~~~~J Place Notory 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. Signature Signature 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 A _ Title or Type of Document: {iA1 C fJ..o AC J.< M~ Iv T P6.-@. b-/; fl<. f:/u 'I DocumentDate: o~-(~,-~~~=~ _________ NumberofPages: ~J - Slgner(s) Other Than Named Above: --~tJ~-0~\A~~f-✓--------------­ Capaclty(les) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Tltle(s): ______ _ o Corporate Officer -Tltle(s): ______ _ o Partner -o Limited o General o Partner -o Limited o General o Individual o Attorney In Fact o Individual o Attorney In Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator o Other: D Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ ©2019 National Notary Association 4 Q:\CED\LandDev\PROJECTS\PD\PD 2020\PD2020-0049 Hope Elementary School -McLaughlin\ENCROACHMENT AGMT.doc 91512014 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. Coun~ On __ ~~--~------- :;,;;-" 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. s;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: ______________________ _ Signer(s) Other Than Named Above: ------------:,:;;,,,"""""'-------------- Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: □ Corporate Officer -Title(s): ---::.1""",c;_ __ _ □ Corporate Officer -Title(s): _______ _ □ Partner -□ Limited □ Gen □ Partner -□ Limited □ General □ Individual □ orney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator □ Other: □ Other: Signer is Representing: _________ _ ©2019 National Notary Association