Loading...
HomeMy WebLinkAboutMS 13-07; Pivotal 650 California St LLC; 2023-0168974; 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# 2023-016897 4 111111111111 11111 1111111111111111111111111 IIIII IIIII IIIII IIIII IIII IIII Jun 28, 2023 11 :59 AM OFFICIAL RECORDS JORDAN Z MARKS, SAN DIEGO COUNTY RECORDER FEES. $0.00 (S82 Atkins. $0.00) PAGES 9 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-261-22 & 213-261-23 PROJECT ID: MS 13-07 -----------PROJECT NAME: VIASAT WATERMAIN RELOCATION RELATED PROJECT ID: EAGREE2022-0031 RELATED PROJECT ID: ROW2022-0640 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 Pivotal 650 California St., LLC, an Arizona 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 2056 and 2058 Gateway Road in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-261-22 and 216-261 -23, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. District currently owns an existing easements 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 raised medians, private chiller pipes and related appurtenances to remain in a portion of the public waterline 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. (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 sixty (60) 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: Pivotal 650 California St. Attn: Cinda Tortorice 6155 El Camino Real Carlsbad, Ca 92009 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. /II /II Ill 2 01/25/13 PARCEL A EXHIBIT "B" EASEMENT DESCRIPTION EAGREE 2022-0031 PAGE 1 OF 1 THE WATER EASEMENT OVER PARCELS 2, 3 AND 4 OF CARLSBAD MINOR SUBDIVISION NO . 13-07 ACCORDING TO PARCEL MAP THEREOF NO. 21152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 7, 2014. PARCEL B THE WATER EASEMENT GRANTED TO THE CITY OF CARLSBAD IN GRANT DEED RECORDED MAY 15, 2015 AS DOCUMENT NO. 2015-0247392 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. PARCEL C THAT PORTION OF PARCEL 4 OF PARCEL MAP NO. 21152, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 7, 2014, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF THAT 20' WATER EASEMENT DEDICATED ON SAID PARCEL MAP, SAID POINT BEING THE SOUTHERLY POINT OF THAT SEGMENT SHOWN ON SHEET 6 OF SAID PARCEL MAP AS HAVING A BEARING OF SOUTH 14°53'33" EAST AND A LENGTH OF 98.94 FEET; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 14 °53'3311 WEST 10.00 FEET; THENCE NORTH 75°06'2711 EAST 27.33 FEET; THENCE SOUTH 8 2 ° 2 3 ' 3 3" EAST 6 0 . 11 FEET TO THE NORTHERLY LINE OF THAT WATER EASEMENT GRANTED TO THE CITY OF CARLSBAD AND DESCRIBED IN GRANT DEED RECORDED MAY 15, 2015 A? DOCUMENT NO . 2015-0247392 OF OFFICIAL RECORDS; THENCE SOUTH 75°06'27" WEST, ALONG SAID NORTHELY LINE 52.26 FEET; THENCE NORTH 82°23'33 11 WEST 7.85 FEET; THENCE SOUTH 75°06'27" WEST 8 .98 FEET TO A POINT ON THE EASTERLY LINE OF SAID WATER EASEMENT DEDICATED ON SAID PARCEL MAP, SAID POINT BEING THE SOUTHERLY POINT OF THAT SEGMENT SHOWN ON SHEET 6 OF SAID PARCEL MAP AS COURSE 18; THENCE NORTH 14°53'3311 WEST ALONG SAID WATER EASEMENT 10 . .00 FEET; THENCE SOUTH 75°06'27" WEST ALONG SAID WATER EASEMENT 14.37 FEET TO THE POINT OF BEGINNING. EXHIBIT "A" LEGAL DESCRIPTION EAGREE 2022-0031 PAGE 1 OF 1 PARCELS 3 AND 4 OF PARCEL MAP NO. 21152 , IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON AUGUST 7, 2014. \ \ \ MEDIAN ENCROACHMENT---\--~ \ EX UNOERGROIJNO CHILLER UNES NOTE: REFER TO DWG 480-2 ON RLE MTH THE CITY OF CARLSBAD FOR CONSTRUCTION DETAIL EXHIBIT 'C' ENCROACHMENT AGREEMENT REQUESTED BY: PIVOTAL 650 CALIFORNIA ST., LLC CITY OF CARLSBAD PREPARED BY: OVAY CONSULTANTS 2110 LOKER AVE W. STE 100 (160) 931-7100 PARCEL 4 PM 211 52 o· 10· 20· SCALE: 1" = 20' - SHT. 1 OF 1 SHTS. A.P.N. 213-261-22 & 213-261-23 IN WITNESS WHER OF, these parties hereto have executed this Agreement on this __ :2.~ day of P~ 'I.-, 20ll._. OWNER: Pivotal 650 California St., LLC, an Arizona limited liability company By: Levine Investments Limited Partnership, an Arizona Limited Partnership, its Sole Member By: Keim Inc., an Arizona Corporation, its General Part er Andrew M. Cohn (Print Name Here) By: ---------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By )r&,l~ RON KEMP 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 ARIZONA NOTARY ACKNOWLEDGMENT State of Arizona County of MA Q. I Co PA The foregoing instrument entitled En::ra::ichment A9re~men f-was acknowledged before me this 2<o day of APR.I'-, 2023, by AAIPR£W' M. Co/./AI (name of person acknowledged). The person has personally appeared before me and presented identification to establish his or her identity as required by law. (seal) ~~B~ (i) USA c. llUI..UtOTONNotary Public Nota,yttublc •MNMVIY Commission Expires: 'f-1:J -..'lb2.. 7 lllncopll co., ..... ?I ...... CM/1.., NOTARY SEAL CERTIFICATION (Government Code 27361. 7) I CERTIFY UNDER PENAL TY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: USC\ C. Bu ll i vtq:tvvL Commission Number: letf:lo41q Date Commission Expires:04 I Jcx, td/Il1 County Where Bond is Filed: lUav:, W¥7Ci CJilLk:1:flj Manufacturer or Vendor Number:_n~lfA .... ________________ _ (located on both sides of the notary seal border) Signature: __ ~~~fl""")_4'i .... f_,b'Jf...._~-~--------------- Firm Name ( if applicable) Place of Execution: S1v:t. tl1£lYfA)) 1 Cft Date:)J_t 2,<g / J2D2:3 Rec Form #R10.1 (Rev. 3/15/16) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 ti 00 80 j J D [JOOUOO:ooa 1reu:oc E ODO D D Eli000:008000800 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 San Diego County ! Commission# 2306534 - y Comm. Expires Sep 24, 2023 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 Stamp Above s;gnatu,~W ~ SignatureoNotaryPubf c 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: ____________ _ Signer's Name: ____________ _ o Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ o Partner -o Limited o General □ Partner -□ Limited □ General o Individual □ Attorney in Fact □ Individual □ Attorney in Fact o Trustee □ Guardian or Conservator □ Trustee □ Guardian or Conservator D Other: ______________ _ □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ 611:11:808808'6 D Btl IJ O C 0 J 0 EDII 1:0 00:e:1 e:o B C D [}08(. D D D B:11 i 11:808():13:o B:OBO:a 1:l:)$ AM Ell 1:11:0 o:oo:0co:oOI] [)U I O:0:C D J g;~1crnooo ©2018 National Notary Association