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HomeMy WebLinkAboutPD 2023-0027; Hoehn Group LLC; 2024-0016911; 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# 2024-0016911 \\II\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\U\ \II\ 1111 Jan 22, 2024 11 :47 AM OFFICIAL RECORDS JORDAN Z. MARKS, SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins $0 00) PAGES: 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 211-080-09-00 --'------,--------PROJECT ID: PD2023-0027 PROJECT NAME: HOEHN MERCEDES RELATED PROJECT ID: EAGREE2023-0028 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 Hoehn Group LLC ("Owner"), in accordance with Chapter 11 .16 of the Carlsbad Municipal Code. 1. The Property. Owner is the· owner of that certain rea l property located at 5475 Car Country Dr. in the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211 -080-09-00, and more particularly described in Exhib'it "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 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 hereunder, including any loss, damage, or expense arising out of 01125/13 ( 1) loss or damages to property and (2) injury to or death' o.f 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) \/v1latever 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 certlfied 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: Hoehn Group LLC P.O. Box 789 Carlsbad, CA 92018 which addresses may be changed from time to time by providing notice to the other party in t~e 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 defcwlt 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 01/25113 Exhibit "A" Lega l Description LOT 9 AND ALL THAT PORTION OF LOT 8 OF MAP NO. 12242, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALlFORNIA AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OCTOBER 28, 1988 AS FILE NO. 88-552341, DESCRIBED AS FOLLOWS : THE WESTERLY LINE OF THAT 72.00 FOOT WIDE PUBLIC RIGHT OF WAY IDENTIFIED AS BEGINN ING AT A POINT qN THE EASTERLY LINE OF SAID LOT 8, SAID LINE ALSO BEING CAR COUNTRY DRIVE AS SHOWN ON SAID MAP NO. 12242, SOUTH 22'29'22" EAST, 216.73 FEET DISTANT THEREON FROM THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE ALONG THE EASTERLY LINE OF SAID LOTS 8 AND 9., SOUTH 22'29'221' EAST, 416.22 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9; THENCE ALONG THE SOUTHERLY LIN-E OF SAID LOT 9, SOUTH 67'130'24" WEST, 401.97 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 9; THENCE ALONG THE WESTERLY LINE OF SAID LOTS 8 AND 9, NORTH 22"29'25" WEST, 416.24 FEET TO A POINT DISTANT THEREON SOUTH 22"29'25" EAST, 216.73 FEET FROM THE NORTHWESTERLY CORNER OF SAID LOT 8; THENCE LEAVING SAID WESTERLY LINE, NORTH 67"30'35" EAST, 401.97 FEET TO THE POINT OF BEGINNING. APN: 211-080-09-00 EXHIBIT 11 811 LEGAL DESCRIPTION OF EASEMENT THAT CERTAIN WATER LINE EASEMENT GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT PER GRANT DEED OF WATER LINE EASEMENT RECORDED AUGUST 13, 2014 AS INSTRUMENT NO. 2014-0346698, OF OFFICIAL RECORDS OF THE COUNTY OF SAN DIEGO. u t-ai :i: X w I l i. I r:'\___!ARTIAL SITE PLAN ~ EXHIBIT C ~ l0 EXISTING WATE EASEMENT----::7 1 JI d I PER DOC# 2014-46698 ; j :: I I I I 11.s' I~ ~ I I I I I I ,~ 0 T (0 I ,. t I .- I '. I -0 I I Er ; 0 N I .. I . . . . l_ I .-- I I : © • L·, __ ..... ,· T 1'.=f- t-.1 I 0 DUCT BANK PLAN SCAIL:1/:Z,,.1'-0 AC PAVEMENT (PATCHED AS Re:O'D) DETECTABLE. WARNING TAPE AN.PLO!! J~E~ ;yl~E- CLEAN BACKFILL~ COMPACTED TO 90:1 RElATlVE DENSITY OR 1-SACK SAND SLURRY CONCRETE ENCASEMENT MAXIMUM J/8" AGGREGATE PVC TYPE OB DUCTS OR SCH 40 CONDUIT HELO IN PIACE WITH DUCT SPACERS ANO HOLD DOWNS EVERY FIIIE FEET TO PREVENT FLOATING DURING POUR. UNOISTURBED SOIL (EXCEPT WHERE POTHOLING BY HAND OR VACUUM EXCAVATOR TO DETERMINE WATtR PIPE LOCATION). ElUSTINC CARLSBAD MUNICIPAL WATtR DISTRICT s• Cll 50 PVC WATER PIPE NOTE: WHERE DUCT BANK IS l£SS THAN 24 • BELOW CRACE, 2500 PSI CONCRETE ENCASEMENT IS REOVIREO. HOWEVER, WHERE DUCTS ARE DEEPER, A 2-SACK CONCRETE SLURRY MAY BE USED FOil ENCASEMENT. EXHIBIT C 12· (•") 3•-6~ ('"N) -2·-w I -----(Miff 30•) I IN wrg1~s WHEREOF, these parties hereto have executed this Agreement on this__ day of OC\:t \-.tvr: , 20..}:3_. OWNER Hoehn Motors, Inc. P.O. Box 789 Carlsbad, CA 92018 By: -.--./ / -~?~~'----l~(S~i_g_n_~-e-re_) _____ _ fh.:.-oc:k/'-t;J: I I,:...-?'-A ~l....r I If (Print Name Here) By: --------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CINDIE MCMAHON ::yA~~ Senior Assistant City Attorney ,,. 3 DISTRICT, CARLSBAD MUNICIPAL WATER DISTRICT, a public agency organized under the Municipal Water Act of 1911 PAZ B. 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 validity of that document. State of Ca~ornia ) County of "-""-1,,,\ l".yQ ) ti tn \\ \J:,,, onOlkl\?vr' li~-VO'l-7 before me, c~ j) J>i'V\ -:L-b '(IA V\kJ')\\C Date f Here Insert Name and Title of the Officer _, J personally appeared--rh'-.o~ \,v1 /( I ()..,V\,'\ if:tb:V1 { ( I Name(s) o Signer(s) 1 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 Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. hand and official seal. Signature ~ ~ Signature of Notary Public ~ ---------------opnoNAL--------------- 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: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: _____________ _ Signer Is Representing: _________ _ Signer's Name: ____________ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______________ _ Signer Is Representing: ________ _ ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY {1-800-876-6827) Item #5907 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 :01880088l[IC@@lffltl:Oiffi!fflffill618:0ffll:OO!J@ffi@{ffll!ffi800i~:0800~881l~OO 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 SO. V" \L)•\~ 0 } On No", "lo 1 ?,.62.'6 before me, C,-t<,.eliA. fe,v-v,~1/l d-e-:2---, rJ o-\1-.t'V} e',\~\te.- Oate Here Insert Name and Title o(the Officer personally appeared ::Pt1:2..--r B. &ome::L Name(s) of Signer(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. ~············f e CECELIA FERNAMDEZ : Noury Public • Caltfornta • I S.n Di~o County s: Commtnton • 233•735 -i O Illy Comm. Exoiro, Oct JO. 2024 t 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 ~ ~ 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 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(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General □ 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: _________ _ ~ll688!ffl88l'@ffltl~~:OO:ollie$.Jl!!llflffi~Ol906<83tll0~~~8~ ©2019 National Notary Association