HomeMy WebLinkAboutCT 99-08; LB/L-Concordia Carlsbad-19 LLC; 2001-0407979; Encroachment Agreement. .
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
DOC # 2001-0407979
JIJN 189 2001 2=06 F’M
oFfIcI& REaRDs SPBI DIEGO COUHTY RERRDER’S OFFICE GREGORY guHI c!lfYYREcoRDER .
7 f 3 4 m~l~rrunll~ll~ll~~l~lkn~~l~l~nirn 2001-0407979
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 167-090-69
PROJECT NO. & NAME: CT 99-08 PR 01-051
Spyglass II
RIGHT-OF-WAY PERMIT NO.: NONE
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between
the CITY OF CARLSBAD (“City”) and LB/L-Concordia Carksbad-19 LLC (“Owner”), in
accordance with Chapter 11 .I 6 of the Carlsbad Municipal Code.
1. The Owner’s Propertv. Owner is the owner of that certain real property located
at the southeast corner of the intersection of El Camino Real and Carlsbad Village Drive, within
the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 167-090-69
(“Owner’s Property’), and more particularly described in Exhibit “A”, attached hereto and
incorporated herein by reference.
2. The Citv’s Propertv. City currently owns an easement over that certain property
located westerly of the Owner’s Property and easterly of the El Camino Real right-of-way
(“City’s Property”), more particularly described in Exhibit “B” attached hereto and incorporated
herein by reference.
3. The Encroachment. City hereby covenants, agrees and grants its permission to
Owner to enter City’s Property for the purpose of constructing a slope and to allow said slope to
remain in a portion of City’s Property (“Encroachment”). A plat showing the location of the
Encroachment is attached as Exhibit “C” which is 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
landscaped condition at the sole cost, risk, and responsibility of the
Owner and its successors in interest.
(B) The Owner agrees 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 Encroachment and/or the construction,
maintenance, use, repair or removal of the slope installed hereunder,
8 1
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
.
7135
including but not limited to any loss, damage, or expense arising out of
(1) loss or damages to property and (2) injury to or death of persons.
G) 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
Owner’s Property.
03 Whatever rights and obligations were acquired by the City with respect to
the City’s Property 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.
(E) The Owner shall provide proof of liability insurance in the amount of one
million dollars and shall name the City as an additional insured under the
insurance policy. The insurance shall be provided by a company
satisfactory to the City.
4. Entire Aqreement. 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
LB/L-Concordia Carlsbad-19 LLC
Ste 200
7130 Avenida Encinas
Carlsbad CA 92009
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 Assisns. 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. Discretionarv Approvals. Owner understand, acknowledges and agrees that the
City may choose to vacate, quitclaim, or otherwise dispose of the City’s Property, but that
nothing in this Agreement is, or shall be interpreted to be, an agreement by the City to approve
2
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 1 iY24/97
any vacation, quitclaim or other disposition of City Property or to approve any permit or to issue
any discretionary or ministerial approval.
9. Each party represents that the person(s) executing this Agreement on Capacitv.
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this
22nd day of Mav ,200l.
OWNER
LB/L-Concordia Carlsbad-19 LLC,
a Delaware limited liability company
By: LB/L-Concordia Master LLC,
A Delaware limited liability company
Its Initial Member
CITY OF CARLSBAD
a Municipal Corporation,
By:
’ CLAUDE A. LEWIS, Mayor
By: Concordia Communities, LLC,
a Delaware limited liabilitv companv ATTEST
By: m-2 ~%&j?$&D~k~-
Don Underwood, Its Manager
(print name and title here)
APPROVED AS TO FORM:
3
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12i24/97
7237 :’
State of California
County of San Diego
on Mav 11. 2001 . before me, m E. AcqllrrP ,
(Date) (Name, Title of Officer)
personally appeared Don P. Underwndd I
(Name[s] of Signer[s])
personally known to me -&B’?=xx@~~tie- AbaMs~m~dem~e~ to be
the person(s) whose nameb) is& subscribed to the within instrument and acknowledged to
me that he/&&t&q executed the same in his/h&&& authorized capacity&M), and that by
hisL4a&hal signature(a) on the instrument the person($), or entity upon behalf of which the
person(q acted, executed the instrument.
WITNESS my hand and official seal
_______ _ _ _ _ _ _
Cathlynn E. Aguirre Commission #1295566 5
7 Notary Public - Callfomle San Diego County E
Gmisslon
.
Exp. March 28, Z
w i
Signature of N8ar-y
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
II
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
EXli1Wl- “A”
PRO+051
OWNER’S PROPERTY
THAT CERTAIN PORTION OF LOT “$ OF RANCH0 AGUA HEDIONDA, IN THE ClTY OF
CARLSBAD, COUN?YOF SAN DlEGO, STATE OF CALIFORNIA, ACCORDlNG TO
PARflTlON MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE COUNr/
RECORDER OF SAID SAN DIEGO COUNTY, AND DESCRIBED IN DEED TO WAYNE
WILLARD C%NNOR, RECORDED JUNE 21,1957 AS FILE NO. 92974 IN BOOK 6632,
PAGE 185 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID CONNORS LAND: THENCE
ALONG THE SOUTHEASTERLY LINE THEREOF, SOUTH 35O 51’ 13” WEST (RECORD
SOUTH 34O 00’ WEST) 961.42 FEET TO A POINT IN THE EASTERCY RIGHT-OF-WAY
LINE OF THAT CERTAIN SAN DIEGO COUNTY ROAD, AS SHOWN ON MAP OF ROAD
SURVEY NO. 1800-65, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF
SAID COUNN; THENCE ALONG SAID RIGHT-OF-WAY LINE AS FOLLOWS:
NORTH 14O 01’ 47” WEST 355.38 FEET: NORTH 1 lo 15’ 00” WEST 751.73 FEET TO THE
BEGINNING OF A TANGENT 35 FOOT RADIUS CURVE, CONCAVE EASTERLY;
NORTHERLY ALONG THE ARC OF SAID CURVE 36.12 FEET THROUGH A CENTRAL
ANGLE OF 59D 07’ 48” AND LEAVING THE ARC OF SAID CURVE, NORTH 1 lo 07’ 07”
WEST 11.59 FEET TO A POINT IN THE NORTHERLY LINE OF SAID CONNOR’S LAND;
THENCE ALONG SAID NORTHERLY LINE NORTH 690 51’ 13” EAST (RECORD NORTH
w 00’ EAST) 217.01 FEET TO THE MOST NORTHERLY CORNER OF SAIO LAND;
THENCE ALONG SAID NORTHERLY LINE THEREOF, SOUTH 54’ 00’ 47” EAST
(RECORD SOUTH 56” 00’ EAST) 720.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTIONS GRANTED TO THE ClTY OF
CARLSBAD IN THOSE CERTAIN DEEDS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 251987 AS FILE NO. 87482007
AND OCTOBER 20,1@89 AS FILE NO. 89-571683, BOTH OF OFFICIAL RECORDS, OF
SAID SAN DIEGO COUNTY.
Assessor’s Parcel No. 167-090-69
EXHIBIT “B”
LEGAL DESCRIPTKIN
PR 01-051
I. 7139
EL CAMINO REAL EASEMENT
THAT PORTION OF THE PUBLIC HIGHWAY EASEMENT RECORDED
FEBRUARY 7,1945 IN BOOK 1820 PAGE 249 OF OFFICIAL RECORDS IN
THAT PORTION OF LOT “J” OF RANCH0 AGUA HEDIONDA, LOCATED IN
THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNlA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823,
FILED NOVEMBER 16,1886, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY AND STATE, AND DESCRIBED IN DEED TO WAYNE
WILLARD CONNOR, RECORDED JUNE 21,1957 AS FILE NO. 92974 IN
BOOK 6632, PAGE 185 OF OFFlClAL RECORDS OF SAID SAN MEG0
COUNTY, DESCRIBED AS FOLLOWS:
6EGlNNlNG AT A POINT ON THE SOUTH LINE OF SAID LOT “J” DISTANT
THEREON SOUTH 8954 EAST 1358.69 FEET FROM THE
SOUTHWESTERLY CORNER OF SAID LOT; SAID POINT OF BEGINNING
BEING ON A CURVE CONCAVE EASTERLY THE CENTER OF WHICH
BEARS NORTH 77%‘50” EAST 1000 FEET FROM SAlD POINT; THENCE
NdRTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
6”25’10” A DISTANCE OF 112.04 FEET; THENCE TANGENT TO SAID CURVE
NORTH 6=‘09’ WEST 454.84 FEET TO THE BEGINNING OF A CURVE TO THE
LEFT HAVING A RADIUS OF 1542.51 FEET; THENCE ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 1 l”O9‘20” A DISTANCE OF 300.33 FEET;
THENCE NORTH 17”18’20” WEST 1193.43 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT HAVING A RADIUS OF 1500 FEET; THENCE ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 5”40’30” A DISTANCE OF
148.57 FEET; THENCE NORTH 22”58’50” WEST 289.40 FEET TO THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1000 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21”10’20
A DISTANCE OF 369.43 FEET; THENCE NORTH 1’48’50” WEST 73.59 FEET;
THENCE NORTH 88”ll’lO” EAST 40.00 FEET TO THE TRUE POINT OF
BEGINNING; SAID POINT BEING NORTH 16”10’,09” WEST 227.57 FEET
DISTANT FROM THE MOST SOUTHERLY CORNER OF SAID CONNOR’S
LAND; THENCE NORTH 16”10’09” WEST 447.14 FEET ALONG THE
EASTERLY RIGHT-OF-WAY OF EL CAMINO REAL TO THE BEGINNING OF A
TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADlUS OF 3063.00
FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 08”08’49” A DISTANCE OF 435.53 FEET TO THE BEGINNING OF
A REVERSE CURVE ON THE SOUTHEASTERLY RIGHT OF WAY AT THE
INTERSECTION OF EL CAMINO REAL AND CARLSBAD VILLAGE DRIVE
Page 1 of 2
HAVlNG A RADlUS OF 25.00 FEET, A RADIAL TO SAID BEGINNING BEARS
NORTH 65”41’02” EAST; THENCE NORTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 8857’18” A DISTANCE OF 38.81 FEET TO
A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A
RADIUS OF 3040.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH
67”35’09 WEST; THENCE SOUTHERLY ALONG SAJD CURVE THROUGH A
CENTRAL ANGLE OF 0=‘25’41”A DISTANCE OF 22.71 FEET; THENCE SOUTH
21°59’10” EAST 474.46 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE WESTERLY, HAVING A RADIUS OF 1040.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
20”tO’2O“A DISTANCE OF 366.15 FEET; THENCE SOUTH Ol”48’50 WEST
53.23 FEET TO THE TRUE POINT OF BEGINNING.
PS~GHWAY LB RFV 01 .RTF Y3ROOl lo:41 AM
Page 2 of 2
g EASEMENT FOR COUNTY HIGHWAY REC. FEB 7, 1945 IN BOOK 1820, PAGE 249 OF O.R.
NORTH
SW I"= 150' \ I
s-FUBtlC HlGHWAY EASEMENT REC. FEB. 7, 1945 IN BOOK 1820, PAGE 249 OF O.R.
.
: , . ",
N 01’4d’W
EXHIBIT “C” ma-051 I TAIT 7~7pieri5eey Llliwl@, Inc. ~*~-~~’