HomeMy WebLinkAboutPD 06-23; Rancho Ponderosa Homeowners Association; 2007-0536756; Encroachment Agreement13126
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
DGC# 2007-0536756
AUG 10,2007 4:37 PM
OFFICIAL RE CORDS
'SAN DitfilJ COUNTY RECORDER'S OFFICE
Li R E Li 0 RY J s MI ]" H, CO LI N TV R E CO R D E R
FEES: 000
RAGES: :3
2007-0536756
I!
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 255-070-59-00
PROJECT ID: PD 06-23
PROJECT NAME: Rancho Ponderosa medians
RELATED PROJECT ID: PR 07-61
RELATED PROJECT ID: RW 07-357
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Rancho Ponderosa Homeowners Association ("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
within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 255-070-
50-00, 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 street and public utility purposes, 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 median hardscape, landscaping and irrigation to remain in a portion of the
public street and public utility 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.
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(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 Rancho Ponderosa HOA
City of Carlsbad c/o Curtis Management
1635 Faraday Avenue 10455 Sorrento Valley Rd. Ste 102
Carlsbad CA 92008 San Diego, CA 92121
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.
13128
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
_ day of_
OWNER
Rancho Ponderosa Homeowners
Association,
a California B^-pj»fit coctfoTatipn
By:
(Sigrrrierej
(Print Natne Here)
(Sign Here)
(Print Name Here)
CITY OF CARLSBAD
ROBERT T. JOHNSOhLJR., P.E.
Acting CityJEngineer / )
(T*SBy:
David A//Hauser, Deputy City Engineer
RCE 33081 Exp. 06/30/2008
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
Bv:
Deputy City Attorney
13129
State of California
County of San Diego
On
(bate)
personally appeared
before me,S.SeaJe.
(Name, Title of Officer)
£,
Vo\o\
(NameJpJ of Signer^)
personally known to me --OR-—Mobe-fenawv*
the person^) whose nameO*) is/afe^ subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(4es)r-and that by
his/hor/thoti-signaturejffi' on the instrument the person(s^ or entity upon behalf of which the
personfef acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary
(This area for
official notary seal)
*. SEAlt
Commfctton #174120* .
Notary rutMte-CoHfomta I«on Ot^o County s
^J
Title or Type of Document t^n £-tr
Date of Document
Signer(s) other than named above
«^m«-n- A rf^~±-
No. of Pages 3
13131)
State of California
County of San Diego
On U> 13.01 (fl before me, 5 , S
(Date)
A/crf<2.
(Date) >
personally appeared c?r4.c.e, Turner
ru
^
l(L
(Name, Title of Officer)
f of Signer^)
l E> personally known to me-=OR - D
(proved to me on the basis of satisfactory evidence) to be the person^ whose name£s)
is/aj^subscribed to the within instrument and acknowledged to me that he//she/lt»e^
executed the same in hi«7her/tr]»if authorized capacity(ie^, and that by hi€/her/th€fff
signature]^) on the instrument the person^f, or entity upon behalf of which the person^
acted, executed the instrument.
WITNESS my hand and official seal
(This area for
Signature of Notary CIcll IIUlo
ComnMHlon« 174120*
okwyPubUc-CoMtomta
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Title or Type of Document
Date of Document No. of Pages 3
Signer(s) other than named above
State of California )
)
County of San Diego )
On July 26, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared
John G. O'Donnell, 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
Signature of Notary
BELINDA R. GUZMAN
Commission # 1565777
Notary Public-California
San Diego County
My Comm. Expires Maf31
r I1.2009P
(This area for
official notary seal)
13132
EXHIBIT "A"
PR 07-61
Lot 58 of Carlsbad Tract No. 73-18, Rancho Ponderosa, Unit No. 1, in the City of
Carlsbad, County of San Diego, State of California, according to the Map thereof No.
8145, filed in the office of the County Recorder of San Diego County, on July 15, 1975.
131 S3
EXHIBIT "B"
PR 07-61
Easement for public street and public utility purposes over Amargosa Drive, as
dedicated and accepted on Map No. 8145 of Carlsbad Tract No. 73-18 Unit 1, and Los
Pinos Circle, as dedicated and accepted on Map No. 8362 of Carlsbad Tract No. 73-18
Unit 4.
EXHIBIT "C"
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LOS PINOS CIRCLE
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