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HomeMy WebLinkAbout1992-06-02; City Council; 11710; ABOVE GROUND ENCROACHMENT FOR GATED ENTRY AT FAIRWAYS| PR 4.544 w !-x )% 5 2 z P a =! 0 z 3 0 0 6 CBY OF CARLSBAD - AGEWA BILL ~5 -, AB # I(’ 7 I 0 TITLE: ABOVE GROUND ENCROACHMENT FOR DEPT. I CITY A’ MTG. 6-2-92 DEPT. ENG CITY MI RECOMMENDED ACTION: -e GATED ENTRY AT FAIRWAYS - PR 4.54 Adopt Resolution No. 9 2- I 5 ll gated entry to the Fairways development. approving the above ground encroachmen ITEM EXPLANATION: Fieldstone Development has applied for an above ground encroachment permit tc construction of a gated entry into the Fairways subdivision. The gated entry woulc an existing 15’ public drainage easement which lies within Avenida Valera. St; reviewed the request and inspected the site and determined that the encroachmc not adversely affect the City’s ability to access the easement. The utility companie notified and all concerns were resolved. As a standard requirement of an encroachment request, the applicant has sigi encroachment agreement. - An additional encroachment agreement was exes Fieldstone at the request of the Leucadia County Water District. FISCAL IMPACT None. EXHIBITS: 1. Location Map. 2. 3. 4. Resolution No. 92- 14 0 . Encroachment Agreement with attached plat. Copy of recorded Leucadia County Water District Encroachment Agreen . r LWCATION Mb!P ALTISYA WY. ALTIVA PL. 87-2006 C.T. 90-23 CONSULTA U4?* NTS VICINITY MAP 7220 Avenida Enc2na.s Qvrl Engvleenng Sute 204 Plunmg Carlsbad CaLtfOrma 92m Pm- m- 419-931-7700 Swcymg far 619-931-8680 PROJECT NAME: PROJECT I ABOVEGROUNDENCROACHMENTFOR NUMBER GATED ENTRY AT FAIRWAYS PR4.54 0 0 *1 RECORDING REQUESTED BY ) AND WHEN RECORDED MAIL TO: 1 i CITY CLERK 1 City of Carlsbad 1 1200 Carlsbad Village Dr. 1 Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT This ENCROACHMENT AGREEMENT ( "Agreement") is entered int between the CITY OF CARLSBAD (rtCityl') and Fieldstone/La Cost Associated Limited Partnership, A California Limited Partnershir ("Owner"), in accordance with Chapter 11.16 of the Carlsbe Municipal Code. 1. The Property. Owner is the owner of that certain re2 property located at the Fairways Subdivision, CT 90-23, within tP City of Carlsbad, San Diego County, California, Assessor's Para Number 216-130-61, and more particularly described in Exhibit "A' attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easemer over, under, and across Owner's property for storm drainage whic easement is described in Exhibit lNBr' attached hereto ar incorporated by reference. 3. The Encroachment. City hereby covenants and agrees ar grants its permission to Owner to construct operate and maintain gated entry with structure. A plat showing the location of tl encroachment is attached as Exhibit IrCtt attached hereto a1 incorporated by reference. This Agreement is subject to tl 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, incluc?ing any loss, damage, or expense arising out of (1) loss or danages to property and (2) injury to or death of persons. The Owner must remove or relocate any part of the encroachment within ten (io) days or such (C) AGRECME'!TS/AG-11B.FRM 1 REV 614 0 0 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 Asreement. This Agreement constitutes the entir agreement between the parties with respect to the subject matte hereof and supersedes and replaces all other agreements, oral c written, between the parties with respect to the subject matter. 5. Notices. Any notice which is required or may be give pursuant to this Agreement shall be sent in writing by Unite States mail, first class, postage pre-paid, registered or certific with return receipt requested, or by other comparable commercic means and addressed as follows: If to the City: If to the Owner: City of Carlsbad i The Fieldstone Co. 2075 Las Palmas Drive 5465 Morehouse Dr., Ste 250 Carlsbad, CA 92009-4859 San Diego, CA 92121 which addresses may be changed from time to time by providir notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act c omission by Owner shall not constitute a waiver of any othc default by Owner and shall not be deemed a waiver or rendc unnecessary City's consent for approval to any subsequent act L Owner. Any waiver by City of any default must be in writing ar shall not be a waiver of any other default concerning the same c any other provision of the Agreement. 7. Successors and Assisns. This Agreement shall be bindir and inure to the benefit of the parties hereto and their respectiT legal representatives, successors, and assigns. Owner agrees t incorporate this agreement by reference in any subsequent deeds t the property, but any failure to do so does not invalidate thj provision. /// /// AGREEHENTS/AG-lIB.FRH 2 REV 6/41 e 0 8. CaDacitv. Each party represents that the person(: executing this Agreement on behalf of such party have the authorii to execute this Agreement and by such signature(s) thereby bi~ such party. IN WITNESS WHEREOF this parties hereto have executed th: Agreement on this aJf, day of Jccnuuru f199z* d BY: The Fieldstone Company ATTEST Ik Y # 2. K- "OWNER" MIcHan D. STEWART ALETHA L. RAUTENKRANZ City Clerk ASSISTANT SECRETARY i APP VED AS TO FORM: L. 62. k QrXlK%BE4W~zx~B~m& RONALD R. BALL, Acting City Attorney 6.3. 4 L. ____ 1 STATE OF CALIFORNIA 1ss && pi .l3ese* x COUNTYOF %-t)*O a On Jb . ZC41 I W z befor: me, 2 personally appeared .F 9 z Q f rn.chmd a* sk.w -+ 1; \e O C personafly known to me (or proved to me on the basis of satisfactory evidence) to be the person@ whose name(& is/~+subscrlbed to the within lnstrument and acknowledged to me that he/- executed the Same In hislherithelr authorized capacity(*9 and that by his/- signature(#) on the instrument the perso c c2 E E E I t WlTNESSmY m Signature person(4 acted, executed the lnstm-mt ohls area for official notarial seal) --.nLLrr~n~~~n~- I ID.TKI? 3 REV 614 e 0 87-2006 3-12-92 EXHIBIT "A" LEGAL DESCRIPTION PRIVATE STREET LOT 148 (AVENIDA VALERA) OF CARLSBAD TRACT 90-23 FAIRWAYS, ACCORDING TO MAP NO. 12906, IN THE CITY OF CARLSBAD COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ON FILE IN THE OFFICE 0 THE COUNTY RECORDER AS FILE NUMBER 91-662811. e 0 87-2006 3-12-92 EXHIBIT "B" LEGAL DESCRIPTION A PORTION OF THE 15-FOOT WIDE DRAINAGE EASEMENT DEDICATED TO TH SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ON CARLSBAD TRACT NO. 72 25, MAP NO. 7784, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGC STATE OF CALIFORNIA; SAID DRAINAGE EASEMENT ALSO LYING WITHIN PORTION OF PRIVATE STREET LOT 148 (AVENIDA VALERA) OF CARLSBA TRACT 90-23, FAIRWAYS, ACCORDING TO MAP NO. 12906 ON FILE IN TH OFFICE OF THE COUNTY RECORDER AS FILE NUMBER 91-662811. I &UsT /5'DRAINAG€ €SMZ 'r//7/ p&R MAP 7784, R&C'D /&3/7", F/LE/Vd. 73 - 305536 D ENCROACHMENT FOR I) -I CE.R slEDmbeacomctGqyofd Contents of the Ori * Document 4 . d(. recorded LC-30 .,. .tm. ".. -42 . . . . . . . . , Fife No. 4' 4 When Recorded Mail To: Fieldstone Co. 5465 Xoorehouse Dr. # 250 San Diego Ca. 92121 L IC ENS E AGREEMEPI T *- THIS LICENSE AGREEMENT is entered into by and b . , hereinafteecall ed the "hner". n LEUCADIA COUNTY WATER DISTRICT (organized and existing under Di Leucadia, California, herekafter called the "District", and FIELDSTONE/LA C( ASSOCIATES Distr3ct sewer easements which contain sewer facilities. willing to allow such construction upon the terms and conditions contained in this License Agreement, _. -. - -.-I. Recitals. The Owner wishes to construct improvements over a portion of The District is IT IS THEREFORE, AGREED BETWEEN THE OWNER AND THE DISTRICT AS FOLLOWS: 1. Construction Improvements. The District hereby grants a license to the Owner to construct a gated entry-indluding an island curb return over the District easement in Aveqida Valel'a'in Carlsbad Tract No. 90-23, ~ Fai ways Su bdi vi si on as shown on Exhibit "!.C", attached hereto, and by this reference mde a ,Dart hereof over a portion of the District's easement described in Exhibit ''C", attached hereon and by this reference made a part hereof. The impmvments shall be constructed in accordance with plans submitted to the District, which plans must meet with the approval of the District. No changes my be made in the approved plans without the consent of the District. No dher additional or different facilities may be constrracted within the District-!s easenent other than that indicated on Exhibit'%! i The District shall be allowed to inspect the inprovements during all stages of construction. inspection shall be available on weekends or holidays, unless a?provcd by the District. comncernent of construction. necessary pemrts required by the City, County, State of oti9er public agency in connection with construction. her shall, and hereby does, promise and guarantee tha. the construction and maintenance of the irrprovements will not crdrrage or.ham in any manner the District's sewer facilities within the Distrfct's easement and should any such damage or harm occur, the Owner agrees to repair or re- place any such damaged facilities without expense to the District. District's sole discretion, to excavate or perform any work within the porti of the District's easements occupied by the improvements in order to inspect test, maintain, repair or replace the District's sewer facilities, the Octner agrees to remove (at the Owner's sole expense) all of the irrpmveynts con- / NO The District shall be notified a minimum of 48 bows pr:or to 2. Fees and Permits. The Owner shall obtain, at their expense, all , . I 3. Guarantee. .. 4. Nork by Oistrict Within Easement. If it becomes necessary, fn the -_ -. - Li cense AgreemenL 0 0 Page two structed by the bner within the District's easement to the extent requirc by the District to accomplish the work. In the event Owner does not rem' said improvements after receiving ten day's written notice from the Distr. the District may remove such improvements imediately without notice and the Owner shall. be liable to the District for the cost of removal. Upon ( pletion of the work, the Owner may replace the improvements in accordance plans approved by the District and at the Owner's sole expense. The Disti shall not be responsible or liable for damage to improvements within the easement by reason of such inspection, tests, maintenance, repair or repli ment, or by reason of any failure of the District's facilities therein, ii cluding settlement of backfill. In the event of an emergency in which tht District determines that it is necessary to imnediately access its facili the District may do so immediately without giving ten (10) days written n In such event, the Di.strict shall attempt to give that notice to the owne which is practical under the circumstances, telephonic or otherwise, but retain the right to immediately remove owner's improvements at owner's ri expense. 5. Assignment. This License Agreement may not be assigned by the 0 without the prior written consent of the District. trict, successors in interest of the Owner's title to the property affect by this License Agreement shall be bound by all of the terms and conditio of this License Agreement. as of this At the option cf the IN WITNESS WHEREOF the parties have entered into this License Agreern day of FIELL"YmbE/W CC ASSCCIATES LIMIl PARTNERSiIP OKNER BY:. THE FIELDS? LEUCADIA COUNTY WATER DISTRICT BY gz/F #!: ,w: 1 ./ uq lh &,;t/z.s $dJ/AL 'By a/& sf.- e-.!. 0 - 7H.4 cl: 5,- +&2zzL-c c7+ JI EY 4 y W /'YI(Steve 'DeeriAi, Vice President h?d& P. *SZe?? A-GT. E=c, /Joan R, Geiselhart, Secretary STATE OF CALIFORNIA COUNTY OF SAN DIEGO On April 15, 1992, before me, the undersigned,a Notary Public for said State, personally appeared, Stephen Deering and Joan personally known to me whose names subscribed to the within in and acknowledged that they executed the same. Bblfnie eeg L. Savil , 0 ary lr ..*; c- NOTARY Puwc - , :-% SAN DIEGO %YL*. * My comm. expire License Agreement 0 0 Page three -___ - \ --_ - nmnrnm nm yrnr TwnnnT-rx 1 STATE OF CALIFORNIA )ss. P COUNTY OF SAN DIEGO 1 Ruth A. Besecker i On April 23, 1992 beforeme, 1 0 Ivan C. Simovich and Michael D. Stewart g personally appeared F 9 personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name@) Ware subscribed to the within instrument and acknowledged to me that h&?Wthey executed the same in KSm'their authorized capacity(ies), and that by RiXw/therr signature@) on the instrument the person(s) or the entity upon behalf of whlch the person($ acted, executed the instrument. F e 9 Signature &LA& e 2 2 I g WITNESS my and official seal. SAN OIEGO Cou"lY = Q (This area for official notanal seal) A~V1N~Z-~V~Y1~-~A.-N.Y- L. VI. Y1-d- I----- - I c- s~~~~v/s/onl 8ou,DJfy L€G€ND= . -..- &Z&'% /5'DA%/MAGE €$'HZ '7//7/ pff MAP 7784, R€C'D /pj/.Z3, FfEhV. 73 - 3U5536 . 'SA% . NO. - p.Ro JECT. NAME: '7 ._ . . -* ; .A80VE.GROUNDI.ENCFIOACHMENT..:K)R . .. '.;..; GATED"ENTRY -AT. FAIRwA-S'.. . . '-. II b I’ qa 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I.8 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 92-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR CT 90-23 WHEREAS, Fieldstone Development Company has submitted a request to COI a gated entry into the Fairways Subdivision, and WHEREAS, the gated entry will cross an existing public drainage easement wh within Avenida Valera, a private street, and D WHEREAS, the City Engineer has determined that the encroachment will not ad affect the City’s ability to access the easement, and WHEREAS, Fieldstone Development has executed an Encroachment Agr wherein it covenants and agrees with the City of Carlsbad as follows: 1. That above described structure shall be installed and maintained in condition at the sole cost, risk and responsibility of Owner and successor in interest, w hold the City harmless with respect to City owned facilities. Whatever rights and obligations were acquired by the City with respel public right of way shall remain and continue in full force and effect and shall in no affected by the City’s grant of permission to construct and maintain the encroi structure. 3. This agreement is made for the direct benefit of Owner’s land above dc and the covenants and conditions herein contained shall run with said land and binding on the assigns and successors of Owner. 2. 4. Owner agrees to remove structure upon order from the City. NOW, THEREFORE, be it resolved by the City Council of the City of C California, as follows: 1. 2. That the above recitations are true and correct. That the Encroachment Permit, dated January 28, 1992 authorizing F Development to construct, operate and maintain the gated entry which is on file wit1 Clerk and is incorporated by reference, is approved. /// a 1 P 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e I) 3. That the Mayor and City Clerk are authorized to sign the Encroact- Agreement and the City Clerk is authorized to cause the original agreement to be recc in the office of the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City C held on the 2nd day of June , 1992 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Larson, Stanton and NOES: None ABSENT: None ATTEST: (zecz3L R.R, AL.ETHA L. RAUTENKRANZ, City Clerk (SEAL) ,.