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HomeMy WebLinkAboutSDP 2021-0029; Ionis Pharmaceuticals Inc; 2023-0208305; 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# 2023-0208305 11111111111111111111111111 11111111111 111111111111111 11111111111111 1111 Aug 02, 2023 12:37 PM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $38.00 (SB2 Atkins $0.00) PAGES: B SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 209-120-23 and 209-120-24 PROJECT ID: SOP 2021-0029 PROJECT NAME: IONIS LOTS 21 & 22 RELATED PERMIT ID(S): EAGREE2023-0005 ROW2022-0736 GR2022-0049 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and lonis Pharmaceuticals, Inc., a Delaware corporation ("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 Lots 21 and 22 of Map 16145 within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 209-120-23 and 209-120-24, 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 public street and public utility purposes 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 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: Elizabeth Hougen lonis Pharmaceuticals, Inc. 2855 Gazelle Court Carlsbad, CA 92008 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 2 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 9-rh day of :IT J VLl , 20.f&_. OWNER J:OhiS ~r)')'\v\C,~(:kt\ <; \nc,.1 C\, CITY OF CARLSBAD, a municipal De\~\.,\XlV"-l'COYPQYll.·tl'DY1 · corporation of the State of California By ~ (SignHere) Elizabeth L. Hougen (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By ~ Senior Assistant City Attorney 3 JASON S. GELDERT, Engi~ger t; RCE 63912 Exp. 9/30/2024 . . .. .... CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 Offll :J.O Jd 11 10:0:01 II ICI 1,0 ).(] D a uoo=OflOfi I C(] D J [) 8 :0 B-1 £080:0:0cffflS] 0 D E Ill Cl IC0:86 [JU Hi881 IOOO:O:I u 0crno:o=ouoooooo 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(:.,'whose nameu-ris/~ subscribed to the within instrument and acknowledged to me that ~/she/t~ executed the same in ~/her/t~ir authorized capacity(i~, and that by b(s/her/t~r signature~ on the instrument the person(s'/', or the entity upon behalf of which the person~ acted, executed the instrument. 1············1 • VENITA J. VILLANUEVA : .. Moury Pu_bllc • ultfornt1 : l ~ Sin OiflO County ~ . Commtsilon # 2314073 , • My Comm. Explr~ Dec 25, 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. Signature 4 -,~ ~ 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 fl Title or Type of Document: b'{'£r::ect:!HENT l:tc, ~tv, Document Date: ______________________ Number of Pages:__,►.._;?,__ __ Signer(s) Other Than Named Above: --=~'---------------------- Capacity(ies) Claimed by Signer(s) Signer's Name: E'.UZC..€EU::\ 14,a fl( .. ~ li!l"Corporate Officer -Title(s): e;:." P ; CrD o Partner -□ Limited □ General □ Individual o Attorney in Fact □ Trustee □ Guardian or Conservator □ Other: Signer is Representing: _:TJ...,c..?u~ ....... \-S~----- Pt:W?e::~ E:lAJJ~h-5. :r::t,.t' Si er's Name: □ Corpo fficer -Title(s): ______ _ □ Partner -□ t.:1 • □ General o Individual □ rney in Fact □ Trustee □ Guar I Conservator o Other: Signer is Representing: _________ _ 85 D H110811.l18( fflll gp JD D u-11:0800011.l!:000:811@0 D 13€ B-0~00011000:cm J [Jij:111111181):0:l!l:0083811800 DD ar D tru:oon ©2018 National Notary Association 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. ~ner{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. ········i AJAY WICl(ERHA/11 ~aury Public -(;jliforni1 I Sll10iet0 County _ CommiS!ion • 2'40113& y Comm: Expires Apr 18, 202' 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. Signature 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: □ Corporate Officer -Title . _______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited General □ Partner -D Limited □ General □ Individual D Attorney in Fact □ Individual o Attorney in Fact □ Trustee □ Guardian or Conservator D Trustee D Guardian or Conservator D Other: ,,,;.,c.'---------------D Other: Signer is Representing: _________ _ Signer is Representing: _________ _ ©2019 National Notary Association EXHIBIT "A" £AGREE 2023-0005 PROPERTY LEGAL DESCRIPTION LOTS 21 AND 22 OF CARLSBAD TRACT NO CT 97-13-03, CARLSBAD OAKS NORTH PHASE 3, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 16145, FILED IN THE OFFICE OF THE COUN TY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA, ON OCTOBER 16, 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS. RE . A~. 4=------ ----6_/~6 L23 ___________________ _ DATE: PASCO LAREY SUITER & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM SDP2021-0029 EAGREE PLSA JOB NO. 3925 2023-0005 ENCROACHMENT AGREEMENT SHEET 1 OF 1 EXHIBIT "B" £AGREE 2023-0005 WHIPTAIL LOOP RIGHT-OF-WAY LEGAL DESCRIPTION PORTION OF A 72-FOOT WIDE PUBLIC STREET & PUBLIC UTILITY EASEMENT, ACCORDING TO MAP THEREOF NO. 16145, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, CALIFORNIA. ON OCTOBER 13. 2016 AS DOCUMENT 2016-7000438 OF OFFICIAL RECORDS . . ..,,_,~.-,,.in.AJ"""""Nf:J~C~--- _____ 6_/_1-§_L23 DATE: PASCO LAREY SUITER & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM SDP2021-0029 1-----------1 EA GREE PLSA JOB NO. 3925 2023-0005 ENCROACHMENT AGREEMENT SHEET 1 OF 1 NOTE EXHIBIT "c" £AGREE 2023-0005 VICINITY MAP CITY OF OCEANSIDE NOT TO SCALE PACIFIC OCEAN 18 CITY OF APPLICANT REFER TO DWG NO. 540-7 ON FILE WITH THE CITY OF CARLSBAD FOR ADDITIONAL DETAILS. PASCO LARET SUITER & ASSOC. 119 ABERDEEN DRIVE CARDIFF, CA 92007 APN 209-120-23 209-120-24 (858) 259-8212 ~'n1A~ R~~------- ----6 j26 /23 -------------------- DA TE: PASCO LAREY SUITER SDP2021-0029 1-----------1 EA GREE & ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM PLSA JOB NO. 3925 2023-0005 OWNER IONIS PHARMACEUTICALS, INC. 2855 GAZELLE COURT CARLSBAD, CA 92010 (760) 603-2562 ENCROACHMENT AGREEMENT SHEET 1 OF 2 ~~ , ':.. . 9,· ~ (0 ~'l ,. ~ ENCROACHMENT PVT. 18" RCP STORM DRAIN r /' EXHIBIT "C" £AGREE 2023-0005 ~ \ ------~---.--<-.. " -~ ----_.-., . .....,.,,.-. ---. . ,., / _.-,.~-- ,,,---~. ,.!! __ --- ~ ~ ,,, PARCEL.A CHMEN 4" PV1 ENCROACHMEN PVT. 18" RC STORM ORA R\N "7 I \[I· / ~ :f½~ ~~ \ . .. ' . ~ --. -· -., .. ' ' PR/VA TE IMPROVEMENT ENCROACHMENT LEGEND IMPROVEMENT PUBLIC RIGHT-OF-WAY PUBLIC RIGHT-OF-WAY CENTERLINE SYMBOL EX. PUBLIC STORM DRAIN = = = =~ = = = = SCALE: 1 "=40' I""'\\ \ EX. PUBLIC SEWER --c; --- EX. PUBLIC WATER --W -40' 0 40' EX. PUBLIC RECLAIMED WATER ---RW --- PROPOSED PRIVATE STORM DRAIN SD PASCO LAREY SUITER -----& ASSOCIATES PH. 858.259.8212 I PLSAENGINEERING.COM I PLSA JOB NO. 3925 SDP2021-0029 EAGREE 2023-0005 I ~ 1 GRAPH IC SCALE: 1 "=40' ENCROACHMENT AGREEMENT SHEET 2 OF 2