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HomeMy WebLinkAboutCT 14-10; Lennar Homes of California Inc; 2019-0278842; Encroachment Agreement) . 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 DOC# 2019-0278842 111111111111 lllll 111111111111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Jul 12, 2019 10:55 AM OFFICIAL RECORDS Ernest ,1. Dronenburg, Jr, SAN DIEGO COUNTY RECORDER FEES $41.00 (SB2 Atkins. $0 00) PAGES 10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-053-01, 02, & 06 PROJECT ID: CT 14-10 -----------PROJECT NAME: Poinsettia 61 -----------RELATE O PROJECT ID: EAGREE 2019-0016 RELATED PROJECT 10: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Lennar Homes of California, Inc., a California corporation ("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 North and South of Poinsettia Lane, between Ambrosia Lane and El Camino Real within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 215-053- 01, 02, & 06 , and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easements over, under, and across Owner's property for General Utility and Access which easements are 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 drains, private verdura retaining wall, private decorative pavement and private water line to remain in portions of the said General Utility and Access easements. 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: Lennar Homes of California 25 Enterprise, Ste. 400 Aliso Viejo, CA, 92656 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 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 .2 IV 1,.-/._ day of /4pri-I , 2o_Lj_. OWNER CITY OF CARLSBAD, a municipal corporation of the State of California Lennar Homes of California, Inc. a California corporation By ~~ ~l11c. ~\/ey (Vice President) By: 6-+t~ ~ (Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By: RONR"EMP AssistanteijyAttrney 3 JASON S. GELDERT, EngineeJ Manager R«~12 ~0/2020 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 California County of S"o-11 ),··e5 ° On h/22 7); 1 7 r before me, ) ) M,·Jl<-/<-J)iet-tt<--/-fctr}y I Ncr/-P-;y --P~j,/,,L ' Date Here Insert Name and Title of the Officer personally appeared ________ x_?t-_S_o_,1 __ s_. __ C_.c_· _l_,J_-~_,-_/-__________ _ 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. 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. WITNESS my hand and official seal. Signature'?Ld NA--~ ~c~ Signature of Notary Pu ---------------OPTIONAL--------------- 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: ____________ _ Signer's Name: ____________ _ □ Corporate Officer -Title(s): ______ _ □ Corporate Officer -Title(s): ______ _ □ Partner -□ Limited □ General D Partner -□ Limited □ General D Individual □ Attorney in Fact □ Individual □ Attorney in Fact □ Trustee □ Guardian or Conservator □ Trustee lJ Guardian or Conservator □Other: ______________ _ □ Other: _____________ _ Signer Is Representing: _________ _ Signer Is Representing: _________ _ ©2016 National Notary Association· www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT I 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 ORANGE ) On April 2, 2019 before me, Debra J. Peloza, Notary Public, personally appeared Crystal Burckle and Anita Davey who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signature on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. 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~ (J ~ tr / DEBRA J. PELOZA COMM. #2198310 z Notary Public . California ~ Orange County ... Comm. ires June 8, 2021 (Seal) PROPERTY DESCRIPTION EXHIBIT 'A' EAGREE 2019-0016 CARLSBAD TRACT NO. 14-10, MAP NO. 16329, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 21, 2019, AS FILE NO. 2019-7000078. CITY OF OCEANSIDE REQUESTED BY: LENNAR HOMES 15131 AL TON PARKWAY SUITE 365 /RV/NE, CA 92618 VICINITY MAP NOT TO SCALE ENCROACHMENT AGREEMENT CITY OF CARLSBAD REQUESTED BY: O'/JA Y CONSUL TAN TS 2710 LOKER Av£ WEST SUITE 100 CARLSBAD, CA 92010 (160) 931-7700 SEE DWG 507-2, 507-2A, & 507-28 ON FILE WITH CITY FOR DETAILS PROJECT ID: CT 14-10 DATE: APRIL 9, 2019 SHEET 1 OF 5 SHEETS A.P.N. 215-053-01, 02 06 EXHIBIT 'B' EAGREE 2019-0016 CITY EASEMENT UNDERLYING ENCROACHMENT 1. PRIVATE VEROURA RETAINING WALL, OWG 507-2A: GENERAL ACCESS & UTILITY EASEMENT DEDICATED ON CARLSBAD TRACT NO. 14-10, MAP NO. 16329, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 21, 2019, AS FILE NO. 2019-7000078. 2 PR/VA TE STORM DRAIN {OFFS/TE), OWG 507-2A: GENERAL ACCESS & UTILITY EASEMENT OED/CA TEO ON MAP NO. 13434, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 23, 1991, AS FILE NO. 97-292740 3. PRIVATE STORM DRAIN, OWG 507-28: GENERAL ACCESS & UTILITY EASEMENT DEDICATED ON CARLSBAD TRACT NO. 14-10, MAP NO. 16329, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 21, 2019, AS FILE NO. 2019-7000078. 4. PR/VA TE OECORA TIVE PAVEMENT, OWG 507-2L (LANDSCAPE PLAN): GENERAL ACCESS & UTILITY EASEMENT DEDICATED ON CARLSBAD TRACT NO. 14-10, MAP NO. 16329, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 21, 2019, AS FILE NO. 2019-7000078. 5. PR/VA TE WATER LINE, OWG 507-28: GENERAL ACCESS & UTILITY EASEMENT DEDICATED ON CARLSBAD TRACT NO. 14-10, MAP NO. 16329, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 21, 2019, AS FILE NO. 2019-7000078. factt_a)/) J~!8;00/7' ENCROACHMENT AGREEMENT CITY OF CARLSBAD PROJECT ID: CT 14-10 REQUESTED BY: LENNAR HOMES 15131 ALTON PARKWAY SUITE 365 IR'IINE, CA 92618 REQUESTED BY: O'/JA Y CONSUL TAN TS 2710 LOKER A 1.£ WEST SUITE 100 CARLSBAD, CA 92010 (160) 931-7700 SEE DWG 507-2, 507-2A, & 507-28 ON FILE WITH CITY FOR DETAILS DATE: APRIL 9, 2019 SHEET 2 OF 5 SHEETS A.P.N. 215-053-01. 02 06 ' ,----- I f,::-____ J : ------1 ! / I SCALE: 1" = 200' REQUESTED BY: LENNAR HOMES 15131 ALTON PARKWAY SUITE 365 IRVINE, CA 92618 EXHIBIT 'C' EAGREE 2019-0016 GENERAL ACCESS & UTILITY EASEMENT PER C. T. 14-10 MAP NO. 16329 LOT 1 APN 215-053-01 GENERAL ACCESS & UTILITY EASEMENT PER C. T. 14-10 MAP NO. 16329 RECORDED FEBRUARY 21, 2019 RECORDED FEBRUARY 21, 2019 '-.. REQUESTED BY: OiJA Y CONSUL TAN TS 2710 LOKER A 1..£ WEST SUITE 100 CARLSBAD, CA 92010 (160) 931-7700 LEGEND (ENCROACHMENT) ---PRIVATE STORM DRAINS PER DWG 507-28 -------PRIVATE WATER LINE PER DWG 501-28 PROJECT ID: CT 14-10 DATE: APRIL 9, 2019 SEE DWG 507-2, SHEET J OF 5 SHEETS 507-2A, & 507-2B A.P.N. 215-053-01 ON FILE WITH 215-053-02 CITY FOR DETAILS I EXHIBIT 'C' EAGREE 2019-0016 ' ~-----------------\- / • I I I I I I I I REQUESTED BY: LENNAR HOMES 15131 AL TON PARKWAY SUITE 365 /RV/NE, CA 92618 LOT 6 APN 215-053-06 PR/VA TE STORM DRAIN CONNECTION TO EXISTING PUBLIC 54" RCP STORM STORM DRAIN \ \ \ APPROX. 3' CLEAR ABOI/E EXIST. 8" SEWER PER DWG 341-5 \ PRIVATE 18" RCP STORM DRAIN PER DWG 507-2A \ \ GENERAL ACCESS & UTILITY EASEMENT PER CT 14-10, MAP NO. 16329 RECORDED FEBRUARY 27, 2019 I _____ j ------$---------7 PUBLIC 8" SEWER PER DWG 507-28 ENCROACHMENT AGREEMENT CITY OF CARLSBAD REQUESTED BY: SEE DWG 507-2, SCALE: 1" = 1 oo· \ \ \ \ \ \ \ \ \ PROJECT ID: CT 14-10 DATE: APRIL 9, 2019 SHEET 4 OF 5 SHEETS OVA Y CONSULTANTS 2710 LOKER A~ WEST SUITE 100 CARLSBAD, CA 92010 (160) 931-7700 507-2A, & 507-2B A.P.N. 215-053-06 ON FILE WITH CITY FOR DETAILS ' SCALE: 1" = 200' REQUESTED BY: LENNAR HOMES 15131 ALTON PARKWAY SUITE 365 /RV/NE, CA 92618 EXHIBIT 'C' EAGREE 2019-0016 ----------------------[----------------------· , PROPERTY LINE LEGEND ~ DECORATIVE PAVEMENT PER l4NDSCAPE Pl4N, owe 501-2L ENCROACHMENT AGREEMENT CITY OF CARLSBAD PROJECT ID: CT 14-10 REQUESTED BY: O'/JA Y CONSUL TAN TS 2110 LOKER A l,f'-; WEST SUITE 100 CARLSBAD, CA 92010 (160) 931-1100 DATE: APRIL 9, 2019 SEE DWG 507-2, SHEET 5 OF 5 SHEETS 507-2A, & 507-28 A.P.N. 215-053-01 ON FILE WITH 215-053-02 CllY FOR DETAILS