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Home My WebLink AboutCT 03-02; Grand Pacific Carlsbad LP; 2006-0311805; Encroachment AgreementRECORDED AT THE REQUEST OF CHiCAGO TITLE COMPANY SUBDIVISION HEP f, RECORDING 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 ft 9120 DGC# 2006-0311805 MAY 03, 2006 12:36 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREQORYJ. SMITH. COUNTY RECORDER FEES: 32.00 PAGES: 9 2006-0311805 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Carlsbad Ranch Resort, PR 05-97 211-100-14-00 CT 03-02 Enhanced paving encroachments RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Grand Pacific Carlsbad, L.P., a California limited partnership ("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 Carlsbad Ranch Lot 17, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-100-14-00, 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 general utility and access 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 encroachments including but not limited to stamped concrete and decorative paving, curb and gutter, sidewalk, landscaping, irrigation, private storm drains, dry utilities, lights, signs and bollards to remain in a portion of the public utility 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. H:\Development Services\PROJECTS\CT FILES\CT 03\CT 03-02 Cartsbad Ranch Planning Area 5-Wickham\Deeds-Easements\ENCROACHMENT AGREEMENT-PR05-97 Rev 11 -2005.doc REV. 011/18/2005 9121 (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: If to the Owner: City Engineer Tim Stripe City of Carlsbad Grand Pacific Carlsbad 1635 Faraday Avenue 5900 Pasteur Ct., Ste. 200 Carlsbad CA 92008 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. 2 H:\Development Services\PROJECTS\CT FILES\CT 03\CT 03-02 Carlsbad Ranch Planning Area 5-Wickham\Deeds-Easements\ENCROACHMENT AGREEMENT Rev 11- 2005.doc REV. 011/16/2005 9122 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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this _ day of , 20 . CITY OF CARLSBAD By: ity Engineer APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Services\PROJECTS\CT FILES\CT 03\CT 03-02 Carlsbad Ranch Planning Area 5-Wickham\Deeds-Easements\ENCROACHMENT AGREEMENT Rev 11- 2005.doc REV. 011/18/2005 9123 State of California County of San Diego (Date) ' personally appeared before me, (Name, pie of Officer) I c (Name[s] of: personally known to me - OR- (-or proved to mo on tho bacic of oatiofaotory ovidonce) -to be the personpsf whose namew is/ape subscribed to the within instrument and acknowledged to me that he/sjaie/yfey executed the same in his/h^r/tl^ir authorized capacity(jss^, and that by his/h^r/thfeir signature^ on the instrument the person^ or entity upon behalf of which the person^ acted, executed the instrument. ^ ^^^^^^f J 7^^-^ ELIZABETHS. QUINETTE I 1 Jr^JT* Commission #1362444 ' WITNESS my hand and official seal Signaturejof Notary^A ELIZABETHS. QUINETTE Commission #1362444 Notary Public - California San Diego County My Comm. Expire* Jun 25,2006 ^ I (This area for official notary seal) Title or Type of Document. Date of Document Signer(s) other than named above. No. of Pages H:\Development Services\PROJECTS\CT FILES\CT 03\CT 03-02 Carlsbad Ranch Planning Area 5-Wickham\Deeds-Easements\ENCROACHMENT AGREEMENT Rev 11- 2005.doc REV. 011/18/2005 9124 EXHIBIT 'A' PR05-97 LEGAL DESCRIPTION A.P.N. 211-100-14 LOT '17' OF CARLSBAD TRACT NO. 94-09, UNITS 2 & 3, ACCORDING TO MAP NO. 13408, FILED IN THE OFFICE OF THE COUNTY RECORDER, ON APRIL 1, 1997, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NUMBER 1997-147754. EXHIBIT <B' PR05-97 LEGAL DESCRIPTION PUBLIC UTILITY EASEMENT A.P.N. 211-100-14 9125 OVER, UNDER AND ACROSS LOT '12' OF CARLSBAD TRACT NO. 03-02, ACCORDING TO MAP NO. /Tis^ILED IN THE OFFICE OF THE COUNTY RECORDER, ONjT^ \£) b , 2006, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NUMBER 2006-£? ^ I 9126 9127 § 9128