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Home My WebLink AboutCT 06-11; Palomar Melrose LLC; 2007-0160766; 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 11181 DQC# 2007-0160766 MAR 08, 2007 3:21 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH. COUNTY RECORDER FEES: 37.00 PAGES 11 2007-0160766 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: APN 221-014-01, 02, 04 PROJECT NO. & NAME: CT06-11/PIP 05-05 Palomar Forum Lots 1, 2 & 8 PR 06-88 RIGHT-OF-WAY PERMIT NO.: ENCROACHMENTAGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Palomar Melrose LLC, A California 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 Tiger Run Court, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 221-014-01, 02 & 04, 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 Waterline 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 Enhanced pavement, curb gutter & sidewalk, trash enclosures, and building columns to remain in a portion of the sewer, water and drainage 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\PIP FILES\PIP 05\PIP 05-05 Palomar Forum Lots, 1, 2 and 8 - WickharrtDeeds-EasemenftENCROACHMENT AGREEMENT PR 06- 88.doc REV. 011/18/2005 11182 (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 Rudy J. Baldoni City of Carlsbad Palomar Melrose LLC 1635 Faraday Avenue 949 South Costa Drive, Suite 600 Carlsbad CA 92008 Costa Mesa, CA 92626 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\PIP FILES\PIP 05\PIP 05-05 Palomar Forum Lots, 1, 2 and 8 - WickhamVDeeds-EasemenfiENCROACHMENT AGREEMENT PR 06- 88 doc REV. 011/18/2005 11183 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 1 day of 9 epA<. ^V?<^r- , 20eVo . OWNER - Palomar Melrose LLC CITY OF CARLSBAD By: David Hauser Deputy City Engineer GLENN PRUIM, P.E. Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Services\PRO JECTSVCT FILES\CT 06\CT 06-11 Palomar Forum Lots 1.2 & 8, Wickham 7-13-06\Bonds and AgreementtENCROACHMENT AGREEMENT PR 06-88.doc REV. 011/18/2005 11184 State of California On_S&pV-*>Ow' liia (Date) personally appeared oersonallv known to ) ) \ &- I^before me, -JftAtT »^ u ^(Name, Title of Officer) l x Ok«e««^Jc. L- ^>r9SroS (Name[s] of Signer[s])' ne - OR- (or. oroved -to-fne on the ba*.is uF t»dti&fac.terv ovideoee the person(s) whose name(s) is/afe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/-kef/ttre1r authorized capacity(ies), and that by his/ke&ftheif^signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal JANET L.SCOBEY Commission # 1449427 I Notary Public - California ; Orange County i My Comm. Expires Nov 4,20071 Signature of Notary (This area for official notary seal) Title or Type of Document ^r\6vOQ.g-KVYve w'V Date of Document No. ofPages Signer(s) other than named above H:\Development Services\PROJECTS\CT FILESVCT 06XCT 06-11 Palomar Forum Lots 1.2 & 8, Wickham 7-13-06\Bonds and AgreemenftENCROACHMENT AGREEMENT PR 06-88.doc REV. 011/18/2005 11185 State of California ) ) County of San Diego ) On January 29, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared David Mauser personally known me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal BtUNDAR. GUZMAN Commhiton* 1565777 i Notary PubUc-CoNtomta I Son Diego County Signature of Notary (This area for official notary seal) JULY 6, 2006 J.N. ql^lig^PAGE l OF l EXHIBIT "A" LEGAL DESCRIPTION PR 06-88 LOTS 1, 2, AND 8 OF CARLSBAD TRACT NO. 99-06, PALOMAR FORUM, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 14831, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 29, 2004 AS FILE NO. 2004- 0606935. 0:\Legal_Descriptions\981022\C.T. 99-06.1gl.doc JULY 6, 2006 J.N. 01-1010-3 PAGE 1 OF 1 11187 EXHIBIT "B" LEGAL DESCRIPTION PR 06-88 THE PUBLIC WATERLINE EASEMENT AS RECORDED OVER LOTS 1, 2, AND 8 OF CARLSBAD TRACT NO. 99-06 PER MAP NO. 14831, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO P.R. 06-73, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, KXdVcVN *£? , 20047AS FILE NO. 2£O6-*?OO7- O[UO1 &'£ O:\Legal_Descriptions\981022\Water Esmnt 1,2,8.Igl.doc EXHIBIT 'C' LEGAL DESCRIPTION PORTION OF LOTS 1, 2, A 8 OF CT 99-06, PER MAP 14831 EXISTING EASEMENTS 11188 PUBUC WATER LINE EASEMENT PER P.R. 06-73REC. mr , 2m AS F/N 2096- LEGEND EXISTING BOUNDARY EXISTING EASEMENT CITY OF. OCEANSIDE SUBDIVISIONBOUNDARY PACIFIC OCEAN CITY OF ENCMITAS VICINITY MAP NOSCMI CONSULT A/N T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 0' M 40' SCALE: 1" = 40' CITY OF CARLSBAD EXHIBIT 'C' DATE: JULY 6, 2006 SHEET 1 OF 4 SHEETS APPLICANT: PALOMAR FORUM ASSOC.. LP. 1420 BRISTOL ST. N., /WO NEWPORT BEACH, CA 92660 (949) 752-2066 PREPARED TIMOTHY 0. CARROLL, JR. LS. 7700, EXP. 12/31/06 P.I.P. 05-05 A.P.N. 221-014-01.02.04 P.R. 06-88 l:\9B1022\9S22PC01.dwg Aug 17. 2006 4:27pmXrefs: 9B22CGRD: 9B22CUTL; 9822CMAP; 98227UTL; 9B22C7UTL; 9822C7STR-X; 9822ASTR EXHIBIT 'C 11189 0* w 40'• SCALE: 1" = 40' NO. 7700 EXP. 12/31/06 /if 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 C/7Y OF CARLSBAD EXHIBIT 'C' DATE: JULY 6, 2006 SHEET 2 OF 4 SHEETS APPLICANT: PALOMAR FORUM ASSOC.. LP. 1420 BRISTOL ST. N,, /WO NEWPORT BEACH, CA 92660 (949) 752-2066 PREP, TIMOTHY 0. CARROLL, JR. LS. 7700, EXP. 12/31/06 P.I.P. 05-05 A.P.N. 221-014-01,02,04 P.R. 06-88 I:\981022\9B22PC01 .d«a Aug 17. 2006 4:27pmXrefs: 9822CGRD; 9822CUTL; 9822CMAP: 98227UTL; 9822C7UTL; 9822C7STK-X; 9822ASTK EXHIBIT 'C' 11190 SUBDIVISIONBOUNDARY RETAINING- CON S U L T T S 2710 Loker Avenue West Suite 100Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 SEE SHEET 2 CITY OF CARLSBAD EXHIBIT 'C DATE: JULY 6, 2006 SHEET 5 OF 4 SHEETS APPLICANT: PALOMAR FORUM ASSOC., LP. 1420 BRISTOL ST. N., /WO NEWPORT BEACH, CA 92660 (949) 752-2066 PREPAREDLY: TlMOTHf^r^CARROLL, JR. LS. 7700, EXP. 12/31/06 P.I.P. 05-05 A.P.N. 221-014-01.02.04 P.R. 06-88 t\981022\9822PCOI.d»g *"9 ", 2006 4:27pmXrefs: 9822CGRD; 9B22CUTL; 9822CMAP; 98227UTL; 9822C7UTL; 9B22C7STT1-X; 9822ASTR EXHIBIT fC' 11191 SUBDIVISION BOUNDARY RETAINING- WALL 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 CITY OF CARLSBAD EXHIBIT 'C' SEE SHEET 1 DATE: JULY 6, 2006 SHEET 4 OF 4 SHEETS APPLICANT: PALOMAR FORUM ASSOC.. L.P.. 1420 BRISTOL ST. N., J100 NEWPORT BEACH, CA 92660 (949) 752-2066 ? PREgA1 TIMOTHY 0. CARROLL, JR. LS. 7700, EXP. 12/31/06 P.I.P. 05-05 A.P.N. 221-014-01,02,04 P.P. 06-88