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Home My WebLink AboutPIP 06-10; Bressi Ocean Collection LLC; 2007-0790600; Encroachment Agreement9057 DQC# 2007-0790600 f« 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 DEC 24, 2007 3:21 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREG 0 RY J .SMITH. CO U N TY R E CO R D E R FEES: 31.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 213-261-10-00 213-261-11-00 213-261-12-00 213-261-13-00 PIP 06-10 Bressi Ocean Collection PR 07-56 RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Bressi Ocean Collection, LLC, a Delaware limited liability company ("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 Numbers 213-261- 10-00 though 213-261-13-00, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for general utility and access 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 a private storm drain to remain in a portion of the general utility and access 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, 9058 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 Bressi Ocean Collection, LLC City of Carlsbad c/o Rancho Pacific Properties 1635 Faraday Avenue 1280 Bison Ave. Suite B9-609 Carlsbad CA 92008 Newport Beach, CA 92660 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. 9059 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 U day of ^^-WwiWr . 2007. OWNER Bressi Ocean Collection, LLC a Delaware limited liability company By: Urban Investment Fund, LLC a California limited liability company it's Managing Member By: Rancho Pacific Properties, Inc. a California corporation DBA Urban West it'sJVlaflagtng-Mfimber (Sign Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. Acting City Engineer By; t*~C~s\ David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 David A. DiRienzo, President APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney 9060 State of California County of Can Diego On °\~before me, (Date) (Name, Title of Officer) personally appeared V/gW t <j*>- V t tV> €-*\1, <g (Name[s] of Signer[s]) personally known to me - OR- -(or-proved-torne on the basis uf saliisfdctoiy 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 entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal MULMUSICO Commterion * 1648392 Notary Public - CaWomta Orange County My Comm. Expire* feto 28,2010 I Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above 9061 State of California County of San Diego On ^ ^*before me, (Date) personally appeared Ocw\p iA /oov Kac_. I (Name, Title"*f Officer) (Namefs] of Signer[s]) _, ^personally known to me -OR - D (proved to me on the basis of satisfactory evidence) to be the personts) whose is/are subscribed to the within instrument and acknowledged to me that he/ahc/thoy- executed the same in his/ber/thelr authorized capacity(ies), and that by his/her/their signature^) on the instrument the person(j/), or entity upon behalf of which the persontef acted, executed the instrument. WITNESS my hand and official seal KEILY MURPHV CommteMon* 1646461 Notoy Puttie - CaNfomta I **» 0*90 County Signature of IWotary (This area for official notary seal) Title or Tvoe of Document clr\crocxr v\|w^j\OC r\CA IV\ r • Date of Document °(l \{ 1 0 ~^~ Signer(s) other than named above No. of Pages "• T)r^f\A IPV . D"i R.^^r^ 9062 EXHIBIT "A" PR 07-56 LOTS 19 THROUGH 22, INCLUSIVE OF CARLSBAD TRACT CT 02-15, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005. 9063 EXHIBIT "B" PR 07-56 BEING A PORTION OF LOT 19 AND LOT 22 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960 RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 19, SAID CORNER BEING IN THE NORTHERLY RIGHT-OF-WAY OF GATEWAY ROAD, 72.00 FEET WIDE AS SHOWN ON SAID MAP NO. 14960; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 19, SOUTH 89°30'25" EAST 25.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE DEPARTING SAID SOUTHERLY LINE NORTH 41.81 FEET; THENCE NORTH 10°48'59" WEST 62.20 FEET; THENCE WEST 4.29 FEET; THENCE NORTH 9.50 FEET; THENCE EAST 3.96 FEET; THENCE NORTHERLY, 15.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT 19, NORTH 00°54'50" WEST 213.24 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID LOT 19; THENCE CONTINUING, NORTH 00°54'50" WEST 248.46 FEET; THENCE NORTH 33°50'39" EAST 38.01 FEET TO THE INTERSECTION WITH THE NORTH LINE OF SAID LOT 22; THENCE ALONG THE NORTH LINE OF SAID LOT 22, EAST 18.06 FEET; THENCE DEPARTING SAID NORTH LINE, SOUTH 33°50'39" WEST 43.37 FEET; THENCE SOUTHERLY, 30.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY LINE OF SAID LOT 22, SOUTH 00°54'50" EAST 244.01 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF SAID LOT 22; THENCE CONTINUING, SOUTH 00°54'50" EAST 191.12 FEET; THENCE SOUTH 10°48'59" EAST 65.82 FEET; THENCE SOUTH 70.00 FEET TO THE INTERSECTION WITH THE SOUTHERLY L;INE OF SAID LOT 19; THENCE ALONG THE SOUTHERLY LINE THEREOF, NORTH 89°30'25" WEST 15.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 0.220 ACRE, MORE OR LESS BY: RONALD E. ROTH, PLS 5506 (MY LICENSE EXPIRES 09-30-08) DATE: 08/(7/07 ""EXHIBIT C ENCROACHMENT DETAIL-CITY OF CARLSBAD 9064 BRIEF DESCRIPTION OF ENCROACHMENT: THE PURPOSE FOR ANY FUTURE ENCROACHMENT IS TO ASSURE ACCESS TO THE ADJACENT CITY SEWER EASEMENT FOR REPAIR OF THE PRIVATE STORM DRAIN. REASON FOR ENCROACHMENT: THE PROXIMITY OF THE EXISTING PRIVATE STORM DRAIN, BEING ONE(1) FOOT EASTERLY OF THE EASTERLY CITY SEWER EASEMENT SIDELINE MAY NECESSITATE AN ENCROACHMENT FOR FUTURE REPAIRS. CARLSBAD TRACT CT 02-15 MAP NO, 14960 LOT 23 21.00' 10.00' 9.00' 20' WIDE GENERAL UTILITY AND ACCESS EASEMENT PR 07-26 EXISTING 8" SEWER -v CO A EX/S77WG 24" /?CP STORM DRAIN LOT 22 75' PRIVATE STORM DRAIN EASEMENT -5.00' ENCROACHMENT LOT 10 SEE SHEET 2 OF 2 GRAPHICAL SCALE SCALE: 1" = 40'\^V SHEET 1 OF 2 PROJECT DESIGN CONSULTANTS Planning I Landscape Architecture I Engineering I Survey 701 BSVWt Mh> goo S«O*»OM»IOI 819034.0348 F P:\3370\MAPPING\PLATS\3370 Parcel B_EXHIBIT C_2007-25-06.dwQ Jun 28, 2007 EXHIBIT °C° ENCROACHMENT DETAIL-CITY OF CARLSBAD 9065 SEE I SHEET 1 OF 2 LOT 22 LINE TABLE NO. L1 12 L3 L4 L5 L6 BEARING N90'00'00"W N90WWE NOO'OO'OO'E N90WWW NOO'OOWE N89f30'25*W LENGTH 15.00' 3.96' 9.50' 4.29' 41.81' 15.00' PARCEL 'A' ADJ 06-00 GRAPHICAL SCALE SCALE: 1" = 40' CARLSBAD TRACT CT 02-15 15' PRIVATE STORM DRAIN A 30.00' WIDE GENERAL UTILITY AND ACCESS EASEMENT MAP NO. 14980 LOT 10 GATEWAY ROAD SHEET 2 OF 2 P:\3370\MAPPING\PLATS\3370 Parcel B_EXHIBIT C^.2007-25-06.dwq Jun 28, 2007