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HomeMy WebLinkAboutCT 02-17; CWV La Costa 49 LLC; 2014-0112559; Encroachment AgreementRECORDED REQUEST OF First American Title HOMEBUILDER SERVICES DOCtt 2014-0112559 iiiiiiiiiiiiiiiiiiiiiiniiii RECORDING IS REQUESTED MAR 21, 2014 3:16 PM FOR THE BENEFIT OF THE CITY MAR 21, 2014 3:16 PM OF CARLSBAD OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE WHEN RECORDED IVIAILTO: Emesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 36.00 City Clerk PAGES: 8 CITY OF CARLSBAD 1 IIIIII mil mil mil lllll lllll lllll lllll lim lim IIUI llln ••m ••m ••m •••• isai 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 1 •••••• ••III ••III ••III ••ill lllll lllll lllll lllll lllll ••III ••III ••III ••III illli Illl Illl SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME /JP RELATED PROJECT ID RELATED PROJECT ID 223-061-01 &02 CT 02-17 Fair Oaks Valley PR 06-129 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CiTY OF CARLSBAD ("City") and CWV LA COSTA 49 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 the southerly terminus of Camino Junipero, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 223-061-01 and 02, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference.' 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public utility and public access purposes which easement is 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 to remain in a portion of the public utility and public access 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 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. Q:\CED\LandDev\PROJECTS\CT\CT 02\CT 02-17 Fair Oal^s Valley - Wickham\Bonds and AgreementsVENCROACHMENT AGREEMENT (PR 06-129) 100713.doc REV. 07/26/07 (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: CWV LA COSTA 49 LLC 5927 Priestly Dr. Suite 110 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. /// /// /// /// /// Q:\CED\LandDev\PROJECTS\CT\CT 02\CT 02-17 Fair Oaks Valley - Wickham\Bonds and Agreements\ENCROACHMENT AGREEMENT (PR 06-129) 100713.doc REV. 07/26/07 8. Capacitv. 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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this 21 day of October , 2013 . OWNER CWV LA COSTA 49 LLC, a Delaware limited liability company By: California West Communities, LLC, a California limited liability company. Its Manager By: (Sign Here] Donald W. Fontana (Print Name Here) (Sign Here) (Print Name Here) APPROVED AS TO FORM: CITY OF CARLSBAD GLEN K. VAN PESKI, City Engineer PLS 8801 Exp. 12/31/14 CELIA BREWER City Attorney By: RON KEMP Assistant City Attorney Q:\CED\LandDev\PROJECTS\CT\CT 02\CT 02-17 Fair Oaks Valley - Wickham\Bonds and Agreements\ENCROACHMENT AGREEMENT (PR 06-129) 100713.doc REV. 07/26/07 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of .^/\ l^teg) On IQ/2. W/l^ before me, (^-^Ct^jl^^ f^tTnan^^ /0<;>-ha.rv (Here insert name and tit^e ofthe officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(^ whose name(-8) is/ater subscribed to the within instrument and acknowledged to me that he/sfee/tbey executed the same in his/ber/tb©*r authorized capacity(iss), and that by his/her/tbetr signature(s)'on the instrument the pQrson{s^, or the entity upon behalf of which the person(^ acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. Mi** WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) CECELIA FERNANDEZ Commission # 19963SS Notify Public • Caiifornit Sin Disgo County g My Comm. Expirts Oct 30.201 g I ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT (Title or description of attached document) (Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Califomia must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form ifrequired. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /ape) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I f. I i t i I I i <^ k I I I I Countvof P^^gQ } On October 21, 2013before me, M.K. Stuckey, notary public ^^^^ Here Insert Narne and Title of the Officer personally appeared Donald W. Fontana Name(s) of Signer(s) IVI. K. STUCKEY Commission # 1933217 Notary Public - California z mf^yr San Diego County ^ 7^ My Comm. Expires Mav 16.20151 who proved to me on the basis of satisfactory evidence to be the personj)^) whose namel^) is/^e subscribed to the within instrument and acknowledged to me that he/slj^/thdj^ executed the same in his/h^r/th^r authorized capacity(jl^), and that by his/h]^r/thj^ir signaturefj^ on the instrument the person^, or the entity upon behalf of which the personf^ acted, executed the instrument. CIVIL CODE § 1189 State of California 1 |' i i I' ! I I I' i I I t I f 9! I I 1 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. Place Notary Seal Above Signature OPTIONAL — Signature of Notary Public Though the information below Is not required by law. It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capaclty(i@3) Claimed by Signer(s) Signer's Name: • Corporate Officer - Tltle(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Corporate Officer — Title(s): • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHT THUIVIBPRINT OF SIGNER Top of thunnb here ©2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT "A" DESCRIPTION PR 06-129 PARCEL 1: THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: BEGINNING AT THE SOUTHWEST CORNER OF SAID EAST HALF OF LOT 6 AS SHOWN ON LICENSED SURVEYOR'S MAP NO. 443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE NORTH 2°52'55" WEST ALONG THE WEST LINE OF SAID EAST HALF 1388 FEET; THENCE PARALLEL WITH THE SOUTH LINE OF SAID LOT NORTH 87°01'50" EAST 1318 FEET, MORE OR LESS, TO THE EAST LINE OF SAID LOT 6; THENCE SOUTH 2°58'45" EAST ALONG SAID EAST LINE 1388 FEET TO THE SOUTHEAST CORNER OF SAID LOT; THENCE ALONG SAID SOUTH LINE SOUTH 87°01'50" WEST 1318.30 FEET TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE EAST HALF OF LOT 6 OF RANCHO LAS ENCINITAS, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 848, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 27, 1898, LYING WITHIN THE FOLLOWING DESCRIBED PARCEL OF LAND: COMMENCING AT THE SOUTHWEST CORNER OF THE EAST HALF OF SAID LOT 6, AS SHOWN ON LICENSED SURVEYORS MAP NO. 443, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY; THENCE ALONG THE WEST LINE OF SAID EAST HALF NORTH 2°52'55" WEST 1388 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 2°52'55" WEST 1256.62 FEET TO THE NORTHWEST CORNER OF SAID EAST HALF; THENCE NORTH 75°47'10" EAST ALONG THE NORTHERLY LINE OF LOT 6 A DISTANCE OF 1340.37 FEET TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE ALONG THE EAST LINE THEREOF SOUTH 2°58'45" EAST 1518 FEET TO A LINE WHICH BEARS EASTERLY PARALLEL WITH THE SOUTH LINE OF SAID LOT 6 FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH 87°01'50" WEST ALONG SAID PARALLEL LINE 1318 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. EXHIBIT "B" LEGAL DESCRIPTION STORM DRAIN ENCROACHMENT MAINTENANCE AGREEMENT PR 06-129 AN ENCROACHMENT OF STORMDRAIN FACILITIES WITHIN A PORTION OF THE PUBLIC STREET KNOWN AS CAMINO JUNIPERO PER CT NO. 02-17 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO l6^7l RECORDED % N IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF LOT 37 OF SAID MAP t<^q^ I WITH THE NORTHEASTERLY RIGHT OF WAY OF SAID CAMINO JUNIPERO; THENCE ALONG THE SOUTHERLY PROLONGATION OF SAID WESTERLY LINE S2''18'58"E 12.65 FEET; THENCE N87°4r02"E 8.75 FEET TO A POINT ON SAID NORTHEASTERLY RIGHT OF WAY, SAID POINT BEING ON THE ARC OF A 1440.00 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS S52°41 '30"W; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE 15.38 FEET THROUGH A CENTRAL ANGLE OF 0°36'43" TO THE POINT OF BEGINNING. ENCROACHMENT MAINTENANCE AGREEMENT PLAT FOR PRIVATE STORMDRAIN EXHIBTT "C" LOT99 CT 02-05 LOTS CT 02-17 CAMINO JUNIPERO RIGHT-OF-WAY CAMINO JUNIPERO RIGHT-OF-WAY 1275.90' N02'18'58"lfl. 12.65' LOT 188 CT 99-04 j356.03' S87'4i'02"W. 8.75' PR 06-129 OPEN SPACE- ^\^. EASEMENT v LOT 37 CT 02-17 CAMEVOBELLO RIGHT-OF-WAy INDICATES ENCROACHMENT MAINTENANCE AGREEMENT PLSA 1451 PASCO LARET SUITER & ASSOCIATES 535 North Highway 101, Ste A, Solana Beach, CA 92075 ph 858.259.82121 fic 858.259.48121 plsaengineermg.com