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HomeMy WebLinkAboutCT 98-14; Standard Pacific Corp; 2004-1201233; Encroachment AgreementDOC# 2004-1 201 233 RECORDING REQUESTED BY WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDERS USE DEC 21,2004 458 PM OFFICIAL RECO RDS ';AN [JIE~O COUNTY RECORDER'S OFFICE FEES 0 00 P&ES 13 GREGMH'i J SMITH COUNTY RECORDER I lsllli lilll li111111111111l lllll Ylllll111U111 Ill11 U111 Ill1 1111 1111 Ill1 IUI ASSESSOR'S PARCEL NO.: NONE PROJECT NO. &NAME: CT 98-14 Thompson Tabata PR 04#4' .- RIGHT-OF-WAY PERMIT NO.: NONE ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Standard Pacific Corporation ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The ProDertv. Owner is the owner of that certain real property located in Thompsonflabata CT 98-14-02, CT 98-14-03 (Development) within the City of Carlsbad, San Diego County, California, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference (the "Benefited Property"). 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public street and public utility purposes as dedicated on the final subdivision tract maps and 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 underground storm water quality treatment units and appurtenant facilities to remain in a portion of the easement to serve the water quality treatment requirements for this Development. The encroachment consists of, but is not limited to vortechnics units, RCP laterals, manhole lids, etc (refer to Exhibit "C" for plat describing the private underground storm water quality treatment units). A plat showing the location of the encroachment is attached as Exhibit "C" attached hereto and incorporated by reference. These private underground storm water quality treatment units are constructed in accordance with the improvement plans on file with the City Engineer as drawing numbers 401 -9. 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. The private underground storm water quality treatment units and appurtenances are privately owned, operated and maintained. 1 HYDEVELOPMENT SERVICES//PROJECTS/CT02-22/AGREEMENTS REV. 04-07-04 b. C. d. e. f. 9- h. The private underground storm water quality treatment units and appurtenances shall be maintained, repaired and replaced pursuant to the terms of this Agreement at the sole cost and expense of Owner initially, until transfer to The Bay Collection Homeowner’s Association (“HOA), or other successors-in-interest (collectively “Owner/HOA) of the Benefited Property, which shall take over all such obligations set forth in this Agreement. Owner/HOA agree to pay all necessary regulatory fines if Owner/HOA fail to maintain the private underground storm water quality treatment units and appurtenances to ensure their effectiveness at removing pollutants-of-concern from the 85‘h percentile storm and meeting flow-based criteria set forth by the Regional Water Quality Control Board. Owner/HOA agree to maintain, repair, replace, reconstruct, or perform any other necessary work to maintain the private underground storm water quality treatment units and appurtenances in a safe and operational condition to the satisfaction of the City Engineer. No less than forty-eight (48) hours after Owner/HOA discovery of a non-operating or damaged private underground storm water quality treatment units or after receiving written notification by the City of Carlsbad, whichever occurs first, Owner/HOA shall replace or repair the private underground storm water quality treatment units to a safe and operational condition to the satisfaction of the City Engineer. If Owner/HOA fail to maintain, repair, replace, reconstruct, or perform any other necessary work to improve a non-operating or damaged private underground storm water quality treatment units to a safe and operational condition in accordance with the terms set forth above, the City shall have the right, but not the duty, to repair, replace or maintain the private underground storm water quality treatment units and appurtenances, for public safety or for any other reason, and City shall have the right to recover all reasonable costs in doing so, directly from the Owner/HOA, which if not paid within forty-five (45) days of written receipt from the City, shall become a lien on the Owner/HOA’s common property subject to enforcement and foreclosure in accordance with California State law. The Owner/HOA hereby agree 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 encroachment installed hereunder, including any loss, damage, or expense arising out of (I) loss or damages to property and (2) injury to or death of persons. Owner/HOA shall provide City Engineer with the name, telephone number and address of its designated maintenance company and shall advise the City Engineer, in writing, if any contact information changes regarding the maintenance company. A private maintenance company performing the maintenance/repairs of these shall not excuse Owner/HOA of the obligations and terms set forth herein. Owner/HOA shall obtain all necessary permits required to perform repair, maintain, replace, or reconstruct the private underground storm water quality treatment units and appurtenances in City right-of-way. Owner/HOA shall 2 HYDEVELOPMENT SERVICES//PROJECTS/CTOZ-ZZAGREEMENTS REV. 04-07-04 i. j. k. provide proof of insurance prior to any work being performed in the City right- of-way. The insurance requirements shall meet the minimum qualifications as required by the right-of-way permit and the Municipal code, in effect at the time the work is proposed pursuant to this Agreement. The City of Carlsbad shall be listed as additionally insured on the insurance binder and supported by the insurance endorsement. 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. Nothing in this agreement is intended to, nor shall be construed to grant or authorize the installation of any other facilities or equipment (including but not limited to and necessary appurtenances thereto specifically approved by the City pursuant to this Agreement. Owner must remove or relocate any part of the encroachment within ninety (90) 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. 4. Entire Aareement. 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 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 Standard Pacific Corporation 5750 Fleet Street # 200 Carlsbad, CA 92008 Attn: Project Manager 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 Assiqns. 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. 3 HYDNELOPMENT SERVICES//PROJECTS/CTOZ-ZZAGREEMENTS REV. 04-07-04 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@) thereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 12' dayof OC%$& ,2004 . CITY OF CARLSBAD By: cB,t LLOYD%. H-lJB@, P.E. %@&niTATWE Public Works Director APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 4 I HYDEVELOPMENT SERVICES//PROJECTS/CTO2-22/AGREEMENTS REV. 04-07-04 State of California ) ) County of San Diego ) On I $ I 2/04' before me, Cvisb !t,,ii, ~OL B c,blri (Name, Title of Officed I ate personally appeared Tdhhq Ir/iihndd 9 (Name[s] of Signer[s]) personally known to me - OR- +pwaHmmv ) to be the person@) whose namew is/- subscribed to the within instrument and acknowledged to me that he/she/they executed the same in kis/her/t&eir authorized capacity(&), and that by Wher/tkeir signature@) on the instrument the persono, or entity upon behalf of which the person(q acted, executed the instrument. WITNESS my hand and official seal .. - LA. (This area for official notary seal) L 11 Title or Type of Document Date of Document Signer(s) other than named hbove &me& d /0)1&/ 0 4, I I 5 HYDEVELOPMENT SERVICES//PROJECTS/CTOZ-ZZAGREEMENTS REV. 04-07-04 RBF Consulting 14725 Alton Parkway Imine, California 92618 EXHIBIT "A" October 6,2004 Page 1 of 1 JN 10-102194 LEGAL DESCRIPTION BENEFITTED PROPERTY That certain parcel of land in the City of Carlsbad, County of San Diego, State of California being Lot 23, City of Carlsbad Tract No. CT 98-14-02, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain parcel of land in the City of Carlsbad, County of San Diego, State of California, being Lot 40, City of Carlsbad Tract No. CT 98-14-02, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain parcel of land in the City of Carlsbad, County of San Diego, State of California, being a portion of Rose Drive, City of Carlsbad Tract No. CT 98-14-03, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain parcel of land in the City of Carlsbad, County of San Diego, State of California, being Lot 62, City of Carlsbad Tract No. CT 98-14-03, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain parcel of land in the City of Carlsbad, County of San Diego, State of California, being Lot 233, City of Carlsbad Tract No. CT 98-14-03, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain parcel of land in the City of Carlsbad, County of San Diego, State of California, being Lot 222, City of Carlsbad Tract No. CT 98-14-03, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. EXHIBIT "C" attached and by this reference made a part hereof RBF Consulting 14725 Alton Parkway Imine, California 92618 EXHIBIT “B” October 6,2004 Page 1 of 1 JN 10-102194 LEGAL DESCRIPTION CITY OF CARLSBAD PUBLIC UTILITY EASEMENTS UNDERLYING ENCHROACHMENTS That certain easement for public utility purposes, in the City of Carlsbad, County of San Diego, State of California, over a portion of Lot 23, City of Carlsbad Tract No. CT 98-14-02, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain easement for public utility purposes, in the City of Carlsbad, County of San Diego, State of California, over a portion of Lot 40, City of Carlsbad Tract No. CT 98-14-02, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain easement for public utility purposes, in the City of Carlsbad, County of San Diego, State of California, over a portion of Rose Drive, City of Carlsbad Tract No. CT 98-14-03, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain easement for public utility purposes, in the City of Carlsbad, County of San Diego, State of California, over a portion Lot 62, City of Carlsbad Tract No. CT 98-14-03, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain easement for public utility purposes, in the City of Carlsbad, County of San Diego, State of California, over aportion of Lot 233, City of Carlsbad Tract No. CT 98-14-03, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. That certain easement for public utility purposes, in the City of Carlsbad, County of San Diego, State of California, over a portion of Lot 222, City of Carlsbad Tract No. CT 98-14-03, Map No. 14773 as shown on the map thereof filed in the Office of the County Recorder of said County of San Diego. EXHIBIT “C” attached and by this reference made a part hereof. H\PDATA\lO 102 194MDMIN\LEGALS\2194LGL050 a04 --- --- COUNTY OF SAN DIEGO FLOOD CONTROL DISTRICT, ZONE 1 EASEMENT FOR ENCLOSED AND UNENCL OSED FL OOD DRA INA GE CHANNEL PURPOSES RECORDED JUNE 14, 1984 AS FILE NO. 84 -223956. 23 - PUBLIC UTILITY EASEMENT ---- MAP NO. 14773 LONICERA EXHIBIT 'C' SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR 24 \ SHEET 1 OF 6 SHEETS PLANNINQ DESIQN CONSTRUCTIOC 14725 ALTON PAFKWAl fW€ CAuKywpl S2618-202i 949.4723505 - FAX p49.4728373 . w~.cO~ C 0 N S U LTI N 0 J. N. 10-102194 /k \PDA TA \ 10102194\WIDD\UAPPING\E~IBITS( 194EX085. Dll LOCATION OF ENCROACHMENT OVER A PORTION OF LOT 23 MAP NO. 14773 (CT 98-14-02) CnCTGYER 9, 2004 PLANNINQ DESIQN CDNSTRUCTIOP 14725 ALTON PARKWA) RYNE. CALFmNA 92m-202; 949.4723505 . FAX M9.4728373 . wwwRBF.con J. N. 10-102194 C 0 N S U LTI N 0 LOCATION OF ENCROACHMENT OVER A PORTION OF LOT 40 MAP NO. 14773 (CT 98- 14-02) OCTCXER 9, 2004 _r EXHIBIT nCn SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR LOCATION OF ENCROACHMENT OVER A PORTION OF ROSE DRIVE MAP NO. 14773 (CT 98-14-03) I77 SHEET 3 OF 6 SHEETS PLANNINQ DESIQN CONSTRUCTION l4725 ALTW PARKWAY FN13E CALFORNA 825111-2027 C 0 N S U LTI N 0 040.4723505 . FAX 948.4728373 mRBF.m J. N. 10- 102 194 I+ \PDATA\ 10102194\CAoo\M~I~\EXHIBITS\ 194EX084.DM aCTm 9, 2004 SKZTCH TO ACCOMPANY A LEGAL DESCRIPTION FOR SHEET 4 OF 6 SHEETS LOCATION OF ENCROACHMENT OVER A PORTION OF LOT 62 MAP NO. 14773 (CT 98-14-03) 62 63 86 PLANNINQ DESIQN CONSTRUCTIOI 61725 ALTON PARKWAl w. CALKXWA 82W-202; C 0 N 5 U LT I N 0 948.47wo5 . FAX 948.4728373 . nnvRBF..un DRA INAGE EASEMENT PER MAP NO. 14773 (CT 98- 7 4-03) \ \ (i 233 EXHIBIT "C" SKETCH TO ACCOMPANY A LEGAL DESCRIPTION FOR LOCATION OF ENCROACHMENT OVER A PORTION OF LOT 233 MAP NO. 14773 (CT 98-14-03) 129 SHEET 5 OF 6 SHEETS PLANNINO OESIBN CONSTRUCTION l4725 ALTON PARKWAY WWE CALFOWA 92W-2027 C 0 N S U LTI N 0 949.4723505 . FAX 949.4728373 . wwwRBF.mm CCTW 9. 2004 J.N. 10-102194 H \mATA\ 10102194\CA~\MAP\~HIBITS\ 194EX083. DWC c I I I I I I L- 221 I =%ALE 1"=20' 235 MARSH WREN STREET 223 FXHIBTT "C" \ XTCH TO ACCOMPANY A .GAL DESCRIPTION FOR SHEEJ 6 Of 6 SHEETS PLANNINO DESIQN CONSTRUCTION 14725 ALTON PMWAY Rvrr CALFOWJA 926l8-2027 949.4723505 . FAX 949.4728373 * wwwRBF.com 3CATlON OF ENCROACHMENT OVER PORTION OF LOT 222 AP NO. 14773 (cr 98-14-03) C 0 N S U LTI N 0 CCTW 9, 2004 J.N. 10-102194 ti \ POA TA \ 10 102 194 \ CAB3 \ MAPI@ \€XHZBI TSI 194EX08 I. 01'