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Home My WebLink About1996-03-05; City Council; 13529; ABOVE GROUND ENCROACHMENT| 3310 CORTE VERSO| PR 4.77331 0 CORTE VERSO PR 4.77 Adopt Resolution No. 96 - '9 / approving an existing above ground encroc consisting of a wood fence, four trees, and some cobbles and boulders located drainage easement. ITEM EXPLANATION: Centex Real Estate Corporation has requested an above ground encroachment F allow an existing wood fence, four trees, and some cobbles and boulders to rema a drainage easement along the southerly property line at 3310 Corte Verso. Staff has reviewed the request and inspected the site and has determined i encroachment into the easement will not adversely affect the public's ability to easement. All public utilities have been notified about the encroachment and I objections to it remaining. The applicant has executed a standard encroz agreement. FISCAL IMPACT 1. Location Map. 2. Site Plan 3. Resolution No. 76 L 71 4. Encroachment Agreement with attached plat. 1 3 0 0 ABOVE GROUND ENCROACHMENT PROJECT NAME FOR POSITIVE OVERFLOW AT SONATA, LOT 9 PROJECT E NUMBER p~ 4.77 PROJECT NAME ABOVE GROUND ENCROACHMENT FOR POSITIVE OVERFLOW AT SONATA, LOT 9 PROJECT NUMBER PR 4.77 ? 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 I.6 l7 18 19 20 21 22 23 24 25 26 27 28 e 0 RESOLUTION NO. 9 6 - 7 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE ABOVE GROUND ENCROACHMENT FOR 3310 CORTE VERSO, PR 4.77 WHEREAS, Centex Real Estate Corporation has submitted a request to allow wood fence, four trees, and some cobbles and boulders to remain within a drainage along the southerly property line at 3310 Code Verso; and WHEREAS, the City Engineer has determined the encroachment will not adve the public’s ability to use the easement. NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad as follows: 1. 2. That the Encroachment Agreement dated 3/7/96 authorizing the C Estate Corporation to maintain the existing wood fence, four trees, some cobbles an within the drainage easement along the southerly property line at 331 0 Code Verso, file with the City Clerk and is incorporated by reference, is approved. Ill Ill ~ Ill Ill Ill IJI Ill 111 111 Ill Ill That the above recitations are true and correct. j 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 I.7 18 e 0 2. That the Mayor and City Clerk are authorized to sign the encroachment and the City Clerk is authorized to cause the original agreement to be recorded in t the County Recorder of San Diego County, State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad C , 1996 by the following vote, to wit: held on the 5th day of MARCH AYES: Council Members Lewis, Nygaard, Finnila, Hall NOES: None ABSENT: Council Member Kulchin (?// /p ,A(//*/ /. LL / CLAUDEA. LElhllS, Mayc ATTEST: it? @a& ALETHA L RAUTENKFWNZ, city Clerk (SEAL) 1 19 20 21 22 23 24 25 26 27 28 I T 0 0 RECORDING REQUESTED BY 1 1 1 City Clerk 1 City of Carlsbad ) Carlsbad, CA 92008 1 AND WHEN RECORDED MAIL TO: 1200 Carlsbad Village Drive ) ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT This ENCROACHMENT AGREEMENT (I1Agreementg1) is entered in between the CITY OF CARLSBAD (ItCityl1) and Centex Real Esta Corporation, a Nevada Corporation, ( I1Ownern1) , in accordance wi Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain re property located at Corte Verso, Lot 9 CT 90-04, within the City Carlsbad, San Diego County, California, Assessor's Parcel Numb 255-240-09, and more particularly described in Exhibit "A attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easeme over, under, and across Owner's property for drainage purpos which easement is described in Exhibit lfB1l attached hereto a incorporated by reference. 3. The Encroachment. City hereby covenants and agrees a grants its permission to Owner to install wood fence at souther lot line, install four trees within six inches from wood fenc install cobbles and boulder within easement. A plat showing t location of the encroachment is attached as Exhibit 11C18 attach hereto and incorporated by reference. the following terms and conditions: This Agreement is subject (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. AGREEMENTS/AC-llB.FRM 1 REV 614 0 0 (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. 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. (D) 4. Entire Aqreement. This Agreement constitutes the enti agreement between the parties with respect to the subject matt hereof and supersedes and replaces all other agreements, oral written, between the parties with respect to the subject matter 5. Any notice which is required or may be givl pursuant to this Agreement shall be sent in writing by Unit1 States mail, first class, postage pre-paid, registered or certifil with return receipt requested, or by other comparable commerd means and addressed as follows: Notices. If to the City: If to the Owner: City of Carlsbad Centex Real Estate Corporatic 2075 Las Palmas Drive 5962 La Place Court, Suite 2! Carlsbad, CA 92009-4859 Carlsbad, CA 92008 which addresses may be changed from time to time by providii notice to the other party in the manner described above. 6. Waiver. City's consent to or approval of any act ( omission by Owner shall not constitute a waiver of any othc default by Owner and shall not be deemed a waiver or rend( unnecessary CityPs consent for approval to any subsequent act 1 Owner. Any waiver by City of any default must be in writing a1 shall not be a waiver of any other default concerning the same c any other provision of the Agreement. 7. Successors and Assiqns. This Agreement shall be bindir and inure to the benefit of the parties hereto and their respecti\ 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. /// /// /// ACREEMENTS/AG-11B.FRM 2 REV 6/41 0 0 8. Capacity. Each party represents that the person( executing this Agreement on behalf of such party have the authori 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 12th day of MARCH , 19 96 OWNER: Centex Real Estate Corporatio: (print name and title) By : (print name and title) ATTEST AL City 4--Q%%f!m* TH Clerk APPROVED AS TO FORM: - Mayor - a 62 a-clzeq- 3- 7-76, RONALD R. BALL City Attorney AGREEMENTS/AG-IIB:FRM 3 REV 6/4 d 0 CALIFORNIA ALL-PURP E ACKNOWLEDGMENT personally appeared qersonally known to me - OR - proved to me on the basis of satisfactory evidenc to be the person(s) whose name(s) is/al subscribed to the within instrument and a knowledged to me that he/she/they executc the same in his/her/their authorizc capacity(ies), and that by his/her/thE signature(s) on the instrument the person(: or the entity upon behalf of which tl person(s) acted, executed the instrumer SIGNATURE OF NOTARY Though the data below IS not required by law, it may prove valuable to persons relying on the document and could pre fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMEI TITLE OR TYPE OF DOCUMENT TITLE(S) __ NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON@) OR ENTITY(IES) _________ SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION - 8236 Remmet Ave P 0 Box 7184 * Canoga Park ( 0 0 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Lot 9 of Carlsbad Tract 90-4, in the City of Carlsbad, County of San Diego, State c California, according to Map therefof No. 13116, filed in the office of the County Recorder c San Diego County, June 28, 1994 as File No. 94-409165 of Official Records. 0 0 EXHIBIT "B" LEGAL DESCRIPTION OF EASEMENT The most Southerly 15.00 feet of Lot 9 Map No. 13116, in the City of Carlsbad, County of: Diego, State of California, filed in the office of the County Recorder of San Diego County, Ji 28, 1994 as File No. 94-409165 of Official Records. Containing 1,185 Square Feet, more or less. , 0 a PLAT MAP L. EXISllNG DRAINAGE EASEMENT PER MAP NO. 13116 REC. 6-28-1994 F/P. 94-409165 -x-x-42" HIGH WOOD FENCE COBBLES W/ REDWOOD HEADER CARLSEAD, CA 9200; SHE ,X, po7 cn 7 nn nr e e City of Carlsbac March 12, 1996 Gregory J. Smith San Diego County Recorder Post Office Box 1750 San Diego, CA 92112-4147 Enclosed for recordation is the following described document: Encroachment Agreement with the City of Carlsbad and Centex Real Estate Corporation 3310 Corte Verso PR 4.77 Also enclosed are instructions on how the City is to be billed fc the recordation fees incurred. Thank you for your assistance in this matter. ll2dLRG- ALETHA L. RAUTENKRANZ, CMC City Clerk ALR: ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-28C