HomeMy WebLinkAboutPR 15-97; La Costa Green Community Association; 2016-0034176; Encroachment AgreementRECORDING 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# 2016-0034176
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Jan 26, 2016 03:48 PM
OFFICIAL RECORDS
Ernest J. Dronenburg, Jr.,
SAN DIEGO COUNTY RECORDER
FEES: $3600
PAGES: 8
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-243-35-00 ~~~~~~----------PROJECT ID: PR 15-97 ----------------------PROJECT NAME: La Costa Greens Fountain
RELATED PROJECT ID: RW 15-265 ----------------------
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and La Costa Greens Community Association, a
California nonprofit mutual benefit 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 on
the corner of Alga Road and Alicante Road within the City of Carlsbad, San Diego
County, California, Assessor's Parcel Number 213-243-35-00, 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 a fountain water feature 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 fountain water feature to remain in a portion of the
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
Q:\CED\LandDev\PROJECTS\PR\PR 15\PR 15-97 La Costa Greens-Glassen\PR 15-97 ENCROACHMENT AGMT.doc 9/5/2014
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:
La Costa Greens Community Association
6996 Ammonite Place
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 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.
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.
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ENCROACHMENT AGMT.doc 9/5/2014
EXHIBIT "A"
PROPERTY DESCRIPTION
Lot 137 of La Costa Greens Neighborhoods 1.11, 1.13, and 1.14, in the City of
Carlsbad, County of San Diego, State of California, according to Map thereof No.
14807, filed in the Office of the County Recorder of San Diego County on May
27, 2004.
APN: 213-243-35-00
PR 15-97
La Costa Greens HOA Water Feature
EXHIBIT "B"
EASEMENT
A public utility and access easement as dedicated per La Costa Greens
Neighborhoods 1.11, 1.13, and 1.14, in the City of Carlsbad, County of San
Diego, State of California, according to Map thereof No. 14807, filed in the Office
of the County Recorder of San Diego County on May 27, 2004.
PR 15-97
La Costa Greens HOA Water Feature