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HomeMy WebLinkAboutPD 2023-0003; Drawbridge Pacific View Corporate LLC; 2023-0309645; 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# 2023-0309645 1111111111111111111111 11111111111111111111111111111111111 IIIII IIII IIII Nov 07, 2023 02:05 PM 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.: _2_1_1_-0_2_2-_25_-_oo _____ _ PROJECT ID: PD2023-0003 PROJECT NAME: ROCKSTAR SITE IMPROVEMENTS RELATED PROJECT ID: EAGREE2023-0013 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 Drawbridge Pacific View Corporate, 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 5759 Fleet St in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-022-25-00, 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 electrical conduit 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 cond itions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the so le 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 hereunder, including any loss, damage, or expense arising out of 01/25/13 (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: Drawbridge Pacific View Corporate, LLC, a Delaware limited liability company 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 WIT~6SS WHEREOF.Jh~arties hereto have executed this Agreement on this __ S 't-4 day of LJc'faber: , 20~ OWNER, Drawbridge Pacific View Corporate, LLC, a Delaware limited liability company By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON City Attorney By: 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 CALIFORNIA ALL-PURPOSE 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 valid ity of that document. State of Califoi:9ia )\ . ) County of ..::::,·a.11 JJ I er } On O CI. d 5 , ~o.:;J 3 before me, /1,1 ,eke I<-") /ti__,,,~ /-1 ~,-,,Ly/ /\/ tJ -/-p_,,.Y ?4. b /1 c Date ' Here Insert Name and Title of fhe Officer ' personally appeared -----~/J_ft_2-__ /5_. __ 6_0_,_1'11._e!_2--___________ _ Name(arof Signer(8) who proved to me on the basis of satisfactory evidence to be the person(ar whose name(sr is/are subscribed to the within instrument and acknowledged to me that J::ie/she/tbey executed the same in his/her/their authorized capacity(iea-), and that by hislher/th.0ir signatur~ on the instrument the person(s), or the entity upon behalf of which the person~ acted, executed the instrument. f@•· MICHELE rI;;Ni~o~I !i , COMM. '2413772 ~ NOTARY PlJBL~ALIFORNIA ~ l SAN DIEGO COUNTY I ~Comm. ExpirNAuguat24, 2028 0 so sea Place Notary Sea/ Above 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. Signature <--y;4._~ ~ · 9&: ~ Signature of Notary Puic ---------------OPTIONAL--------------- Though this section is 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: ____________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ______________ _ Signer Is Representing: _________ _ Signer Is Representing: ________ _ ~~~ ©2016 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE 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. State of California County of CJ, N:It.-(\ f:e &""rv\ On I~ • Oi"· !C tJ before me, _l_f\:~f!~_tf .......... c~K..__..1~N-~_l\~V-+-+-'1 N_a-rvt._•~a._-,~~B~Lt~l.,_c.._, c..-__ Date Here Insert Name and Title of the Officer personally appeared _-;:r:__._--'----'A ............ H. .... t":>---.,,___~L-.. __ ~o-,i~e::~Q...~t;:;~--L_L.~---------- Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso~whose name~/aFE!" subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/hei;,ltl'\eir authorized capacity~d that by his/he;Ahelr signature(&) on the instrument the persorr(s), or the entity upon behalf of which the perso~ acted, executed the instrument. IAl4 MCKINLAY -a NOIII)' Public· C1tlfornla I s ' Contra Co,11 Ceunty ~ commlulon • 2330377 • My comm. Exp,rts Jul 16, 2024 Place Notary Seal Above I certify under PENAL lY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand ----------------OPTIONAL _______________ _ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document / -L' J / -/_ Title or Type of Document: &cro4C/JA'erL ~l focument Date: /CJ /.SLL, .2 Number of Pages: ___ Signer(s) Other Than l({amed Above: ------~/ __ / ____ _ Capacity(ies) ClailJled by Signerjs) 11/ Signer's Name: c/QAf e _s £.. , t')up,e_( I Signer's Name: ___________ _ l:M'Corporate Officer -Title(s): C F O □ Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator 0 Other: ______ ,__ _ ___,__........,,.,...___ 0 Other: _____________ _ Sign Is __,~,,,,.,.~~--""''fl'--'1:....-;, Signer Is Representing: ________ _ ©2014 National Notary Association• www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 LEGAL DESCRIPTION OF PROPERTY PARCEL 1: PARCEL"A" (ADJUSTED LOT 6) AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR ADJUSTED PLAT NO. ADJ 503, AS EVIDENCE BY DOCUMENT RECORDED JULY 01, 1997 AS INSTRUMENT NO. 1997-0311133 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LOT 6 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH, UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214. TOGETHER WITH ALL THAT PORTION OF LOT 7 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH, UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, RECORDED IN THE OFFICE OF THE COUNTY OF RECORDER OF SAID COUNTY OF SAN DIEGO, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE NORTHERLY LINE OF SAID LOT 7, NORTH 67'30'48" EAST, 434.00 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 7; THENCE ALONG THE EASTERLY LINE OF SAID LOT 7, SOUTH 22'29'12" EAST, 25.13 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 67'30'48" WEST, 434.00 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 7; THENCE ALONG SAID WESTERLY LINE, NORTH 22'29'12" WEST, 25.13 FEET TO THE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR DRIVEWAY ACCESS OVER, ALONG AND ACROSS A PORTION OF LOT 7 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH, UNIT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, SEPTEMBER 11, 1996 AS FILE NO. 1996-0463214, AND AS DISCLOSED BY A RECIPROCAL ACCESS EASEMENT AGREEMENT, RECORDED JULY 3, 1997 AS FILE NO. 1997-0317593 OF OFFICIAL RECORDS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 7; THENCE ALONG THE WESTERLY LINE OF SAID LOT 7, SOUTH 22·29'12" EAST, 25.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE, NORTH 67'30'48" EAST, 40.00 FEET; THENCE SOUTH 22'29'12" EAST, 18.00 FEET; THENCE SOUTH 67'30'48" WEST, 40.00 FEET TO A POINT OF THE WESTERLY LINE OF SAID LOT 7; THENCE ALONG SAID WESTERLY LINE, NORTH 22'29'12" WEST, 18.00 FEET TO THE TRUE POINT OF BEGINNING 13 \V - 9449 BALBOA AVE, STE 270 SAN DIEGO, CA 92123 619.299.5550 EXHIBIT ff A ff ENCROACHMENT EXHIBIT 5759 FLEET STREET, CARLSBAD, CA PROJECTID=PD2023-0003 DRAWING NUMBER= EAGREE2023-0013 CARLSBAD MUNICIPAL WATER DISTRICT EASEMENT DOCUMENT NUMBER UNDERLYING PROPERTY ALL THAT PORTION OF LOTS 6 AND 7 OF CARLSBAD TRACT NO. 94-09, CARLSBAD RANCH, UNIT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13357, FILED SEPTEMBER 11, 1996, IN THE OFFICE OF THE COUNTY RECORDER AS FILE NO. 1996-0463214. AN EASEMENT DEDICATED TO CARLSBAD MUNICIPAL WATER DISTRICT FOR WATER LINE PURPOSES RECORDED MARCH 27, 1998 AS FILE NO. 1998-0168169 OF OFFICIAL RECORDS. B\V • 9449 BALBOA AVE, STE 270 SAN DIEGO, CA 92123 619.299.5550 EXHIBIT "B" ENCROACHMENT EXHIBIT 5759 FLEET STREET, CARLSBAD, CA PROJECTID=PD2023-0003 DRAWING NUMBER: EAGREE2023-0013 \ \ LOT 6 / CARLSBAD RANCH / / EASEMENT PER , RLSBAD TRACT / I EXIST WATER ' NO. 94-09 • \ c:;:::> 1 o:: UNIT NO. 1 DOC. NO. \ r----¾+l-_l I MAP NO. 13357 1998-0168169 -p ~. \) , • I EXIST. BLDG. \ \~ ' ' ! I ( PROPOSED ELECTRIC I I CONDUITS I PARCEL , , ENCROACHMENT I \ '\ RECORDED 7 /1/19 b DOC. #1997-03111 I O.R. \ ~, \~\ I \ I \ B\V • 9449 BALBOA AVE, STE 270 SAN DIEGO, CA 92123 619.299.5550 00 50 0 SCALE: 1 "= 1 oo' EXHIBIT "C" ENCROACHMENT EXHIBIT 5759 FLEET STREET, CARLSBAD, CA PROJECT ID: PD2023-0003 DRAWING NUMBER: EAGREE2023-0013 LOT 6 CARLSBAD TRACT NO. 94-09 CARLSBAD RANCH UNIT NO. 1 MAP NO. 13357 PROPOSED ELECTRICAL CONDUIT ENCROACHMENT SEE DETAIL BELOW FOR TYPICAL CROSSING \\ PROPOSED GENERATOR (OUTSIDE EASEMENT) ~ -8- EXIST. BLDG. LOCATION OF SIGN SEE NOTE BELOW EXIST. 8" PVC WATER MAIN PARCEL 'A' CERT. OF COMPLIANCE RECORDED 7/1/1997 DOC. #1997 -0311133 O.R. D BACKFILL ELECTRICAL CONDUITS UJ \ \ LOCATION OF SIGN SEE NOTE BELOW EXIST. PARKING LOT ~ SCALE: 1"=40' ~-\::::=~-EXIST. WATER PAVEMENT SURFACE EASEMENT PER DOC. NO. 1998-0168169 LIST OF ENCROACHMENTS • RED SLURRY 'MTH SIX-INCH MINIMUM RED SLURRY. MINIMUM 1' CLEARANCE FROM DEPTH OF SLURRY TO TOP OF WATER MAIN • LOCATOR TAPE/TRACER 'MRE LOCATOR TAPE 12" ABOVE CONDUITS.---- INSTALL TRACER 'MRE AND/OR DETECTABLE MARKING TAPE AND WARNING/ID TAPE IN ELECTRICAL CONDUIT TRENCHES THROUGH WATER EASEMENT. #2/0 GROUNDING GUARD 'MRE 6" REBAR, #6 REBAR CONCRETE SLURRY ENCASEMENT N NOTE EX. 8" PVC WATER MAIN ELECTRICAL CONDUIT TRENCH DETAIL NOT TO SCALE INSTALL ALUMINUM CAUTION SIGNS (ALUMINUM S-1126 10"X14" OR EQUAL) THAT READS: "BURIED ELECTRICAL: CONTACT CARLSBAD MUNI CIPAL WATER DISTRICT BEFORE DIGGING". • GROUNDING GUARD 'MRE • #6 REBAR • CONCRETE SLURRY • 2-2.5" PVC SLEEVES • ELECTRICAL CONDUIT 40 20 0 SCALE: 1''=40' B\V • SHEET 2 OF EXHIBIT 'C' ENCROACHMENT EXHIBIT 9449 BALBOA AVE, STE 270 SAN DIEGO, CA 92123 619.299.5550 5759 FLEET STREET, CARLSBAD, CA PROJECT ID= PD2023-0003 DRAWING NUMBER= EAGREE2023-0013 40