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Home My WebLink AboutCT 08-03; Development Solutions 2LAC LLC; 2013-0451269; 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 DOC IHIIIIII 2013-045 niiiii 2G9 JUL 19, 2013 10:08 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 48.00 PAGES: 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID 223-050-74-00 CT 08-03 La Costa Town Square PR 12-37 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Development Solutions 2LAC, LLC a Delaware limited liability company ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located south of Rancho Santa Fe Road and north east of La Costa Avenue and Camino De Los Coches within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 223-050-74-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public streets and public utilities 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 private storm drain connections and retaining wall to remain in a portion of the storm drain 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. (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 Development Solutions 2LAC, LLC City of Carlsbad 4600 Wells Fargo Center 1635 Faraday Avenue Minneapolis, MN 55402 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. /// 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. this IN WITNESS WHEREOF, these parties hereto have executed this Agreement on IN Wl mi davof t\^:\ OWNER Development Solutions 2LAC, LLC, a Delaware limited liability company By: TPG Credit Strategies II GP, L.P. Its Managing Member By: (Print Name Here) ., 201^ T (Sign He^e) CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer PLS 8801 Exp. 12/31/2014 APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: Assistant City AttorneyV STATE OF MINNESOTA COUNTYOF Ut^r\^p\'^ On March 15, 2013 before me, Connie Schaupp - Notary Public, personally appeared Julie K Braun, Vice President of Development Solutions 2LAC, LLC, who is personally known to me or 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 that they executed the same in their authorized capacity CONSTANCE ANDREA SCHAUPP^ NOTARY PUBUC-MINNESOTA MY COMMISSION EXPIRES 01/31/2017 (signature of notarial officer) My commission Expires: Y311 ^o^ STATE OF MINNESOTA COUNTYOF On March 15, 2013 before me, Connie Schaupp - Notary Public, personally appeared Kevin Hiniker, Vice President of Development Solutions 2LAC, LLC, who Is personally known to me or 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 that they executed the same In their authorized capacity CONSTANCE ANDREA SCHAUPP ^ NOTARYPUBUC-MINNESOTA MY COMMISSION EXRRES01/31/2017 tghature of notarial officer) My commission Expires: EXIST. CURB & GUTTER EXHIBIT RANCHO SANTA FE ROAD CURB OPENING SIDEWALK UNDERDRAIN LOT 65 OPEN SPACE DRAINAGE SWALE LOT 44 LOT 45 LOT 46 DETAIL r RANCHO SANTA FE ROAD 'CURB OPENING EXIST CURB & GUTTER 'SIDEWALK UNDERDRAIN LOT 65 OPEN SPACE DRAINAGE SWALE DETAIL r LEGEND EXISVNG BOUNDARY EXISVNG RIGHT-OF-WAY EXISVNG EASEMENT SCALE: 1" = 40' PR 12-37 CITY OF CARLSBAD APPLICANT: EXHIBIT r DATE: DECEMBER 10. 2012 PROPERTY DEVELOPMENT CENTERS, LLC 5918 STONERIDGE MALL RD PLEASANTON, CA 94588 (925) 738-1232 SHEET 5 OF 5 SHEETS T S 2710 Loker Avenue West, Suite 100, Carlsbad, Ca 92010 760-931-7700 www.ODayConsultants.conn APN 223-060-74 l:\001017\_Residential\Encroachment Agreement\1090F-PR1237-Enc_Agmt.dwq Feb 15. 2013 4:34pm Xrefs: 1090FMAP; 1090FSTR; 1090FUTL; 1090FGRD; 1017TP01 EXHIBIT DETAIL r- DETAIL t DETAIL 'D DETAIL 'C DETAIL DETAIL 'B' LEGAL DESCRIPTION PARCEL '4' OE PARCEL MAP 20982 RECORDED JULY 11, 2012 AS HLE NO 2012-0402964. EXISTING EASEMENTS rn PUBUC STREET EASEMENT PER HNAL MAP FOR C T 08-03 |T] 20' WIDE STORM DRAIN EASEMENT PER RNAL MAP FOR C T 08-03 LEGEND EXISVNG BOUNDARY EXISVNG EASEMENT PR 12-37 CITY OF CARLSBAD APPLICANT: EXHIBIT C DATE: DECEMBER 10, 2012 PROPERTY DEVELOPMENT CENTERS, LLC 5918 STONERIDGE MALL RD PLEASANTON, CA 94588 (925) 738-1232 SHEET 1 OF 5 SHEETS 2710 Loker Avenue West, Suite 100, Carisbad, Ca 92010 760-931-7700 www.ODayConsultants.com A.P.N. 223-050-74 :\001017\_Residential\Encroachment Agreement\1 <refs: 1090FMAP; 1090FSTR; 1090FUTL; 1090FGRD; 090F-PR1237-Enc_Aqmt.dwg May 13, 2013 9:27am 1017TP01 EXHIBIT 'C PRIVATE STOmt DRAIN PUBUC STORM » A > DETAIL A 0' 40' SCALE: 1" = 40' EXISTING EASEMENTS m PUBUC STREET EASEMENT PER RNAL MAP FOR 0 T 08-03 [J] 20' WIDE STORM DRAIN EASEMENT PER HNAL MAP FOR C T 08-03 LEGEND EXISVNG BOUNDARY EXISVNG EASEMENT PR 12-37 CITY OF CARLSBAD APPLICANT: EXHIBIT C DATE: DECEMBER 10, 2012 PROPERTY DEVELOPMENT CENTERS, LLC 5918 STONERIDGE MALL RD PLEASANTON, CA 94588 (925) 738-1232 SHEET 2 OF 5 SHEETS 2710 Loker Avenue West, Suite 100, Carlsbad, Ca 92010 760-931-7700 www.ODayConsultants.conn A.P.N. 223-060-74 I: \001017\_Residential\Encroachment Agreement\1 Xrefs: 1090FMAP; 1090FSTR; 1090FUTL; 1090FGRD; 090F-PR1237-Enc_Agmt.dwg Feb 15, 2013 3:52pm 1017TP01 EXHIBIT PRIVATE STORM DRAIN PRIVATE STORM DRAIN PUBLIC STORM DRAIN PRIVATE STORM DRAIN 0' DETAIL 'B 40' SCALE: r = 40' EXISTING EASEMENTS ni PUBUC SmEET EASEMENT PER RNAL MAP FOR CI 08-03 [2] 20' WIDE STORM DRAIN EASEMENT PER RNAL MAP FOR CT 08-03 LEGEND EXISVNG BOUNDARY EXISVNG EASEMENT PR 12-37 CITY OF CARLSBAD APPLICANT: EXHIBIT V DATE: DECEMBER 10. 2012 PROPERTY DEVELOPMENT CENTERS, LLC 5918 STONERIDGE MALL RD PLEASANTON, CA 94588 (925) 738-1232 SHEET 3 OF 5 SHEETS 2710 Loker Avenue West, Suite 100, Carlsbad, Ca 92010 760-931-7700 www.ODayConsultants.com A.P.N. 223-060-74 l:\001017\_Residential\E(icroachment Agreement\1090F-PR1237-Enc_Aqmt dwa Apr 12 2013 4-03Dm Xrefs: lOgOFMAP; lOgoFSTR; 1090FUTL; 1090FGRD; 1017TP01 •^-^g""-"*? «Pr -iuij 4.ujpm 0' EXHIBIT RANCHO SANTA FE ROAD EXIST CURB ^ RIGHT-OF-WA Y & GUTTER SIDEWAU( UNDERDRAIN 40' CURB OPENING DRAINAGE SWALE LOT 65 OPEN SPACE SCALE: 1" = 40' LOT 37 DETAIL C f^^NCHO SANTA FE ROAD EXIST CURB & GUTTER CURB OPENING SIDEWALK UNDERDRAIN LOT 65 OPEN SPACE DRAINAGE SWALE LEGEND EXISVNG BOUNDARY EXISVNG RIGHT-OF-WAY — •• EXISVNG EASEMENT PR 12-37 CITY OF CARLSBAD APPLICANT: EXHIBIT C DATE: DECEMBER 10. 2012 PROPERTY DEVELOPMENT CENTERS, LLC 5918 STONERIDGE MALL RD PLEASANTON, CA 94588 (925) 738-1232 SHEET 4 OF 5 SHEETS 2710 Loker Avenue West, Suite 100, Carlsbad, Co 92010 760-931-7700 www.ODayConsultants.com A.P.N. 223-060-74 \001017\_Residential\Encroachment Agreement\l Xrefs: 1090FMAP; 1090FSTR; 1090FUTL; 1090FGRD; 090F-PR1237-Enc_Agmt.dwq Feb 15, 2013 4:34pm 1017TP01 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of S/HYI Q On 4 /q /15 before me, C€C^ka f^rVKin^-^Z l^fiizwRj^lO , (Here insert name and title of the'officer) ' personally appeared (^ |Y3V1 kl > \Jfl, 1^ (^tfelCl , 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. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (Notary Seal) CECELIA FERNANOEZ Commission # 1996355 C Notary Public • California | San Oitgo County \ ^ ,M|[C0ffim.E«pfH0cta0^2016j 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) • Attomey-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California 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 Califomia. In such instances, any altemative 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 Califomia (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • 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 \yithin 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 /are) 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 tide 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 EXHIBIT "A" PR 12-37 LEGAL DESCRIPTION PARCEL 4 OF PARCEL MAP NO. 20982 IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JULY 11, 2012 AS DOCUMENT NO. 2012-0402964 OF OFFICIAL RECORDS. SEPTEMBER 26, 2012 J.N. 10-1290 PAGE 1 OF 1 EXHIBIT "B" PR 12-37 LEGAL DESCRIPTION AN EASEMENT FOR PUBLIC STREETS AND PUBLIC UTILITIES PER THE FINAL MAP FOR CARLSBAD TRACT NO. 08-03, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNLA. SEPTEMBER 26, 2012 J.N. 10-1290 PAGE 1 OF 1