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HomeMy WebLinkAbout2001-05-15; City Council; 16190; Concordia Encroachment AgreementsCITY OF CARLSBAD -AGENDA BILL s AB# t io ! 190 TITLE: APPROVE AND AUTHORIZE EXECUTION OF DEPT. HD. /r &‘* TWO ENCROACHMENT AGREEMENTS BETWEEN THE f MTG. 5/l 5/o 1 CITY OF CARLSBAD AND LB/L-CONCORDIA CARLSBAD-19 LLC CITY All-Y. &- ALLOWING THE CONSTRUCTION OF A SLOPE ON CITY DEPT. ENG RIGHT-OF-WAY. PR 01-050 AND PR 01-051 CITY MGRd% RECOMMENDED ACTION: Adopt Resolution No. 200 / - /L/16 approving and authorizing execution of two Encroachment Agreements with LB/L-Concordia Carlsbad-I 9 LLC (“Concordia”), allowing for the construction of a slope on City property at the southeasterly intersection of El Camino Real and Carlsbad Village Drive. ITEM EXPLANATION: Carlsbad Tract No. CT 99-08, known as Spyglass II (the “Project”), is a major subdivision consisting of 21 lots as approved by the Planning Commission on December 15, 1999. The project is located at the southeasterly corner of the intersection of El Camino Real and Carlsbad Village Drive. The subdivision boundary of the Project is encumbered by right-of-way dedications granted to the County of San Diego prior to the annexation of the area into the City of Carlsbad. The original alignment of El Camino Real was dedicated as an easement recorded February 7, 1945. Subsequently El Camino Real was realigned and the 126-ft right-of-way plus additional right-of-way, seemingly for an alternate alignment, was dedicated by grant deed recorded September 2, 1966. All dedicated right-of-way became the City’s right-of-way upon annexation of the area. The design of the 19 single-family lots and two open space lots requires the construction of a slope that encroaches into both the original alignment and the surplus right-of-way of El Camino Real. The developer, Concordia, has requested that the City give up its interest in the original alignment dedicated in 1945 and in the surplus right-of-way outside the current 126-ft wide road alignment. This excess right-of-way may be vacated or quitclaimed following procedures outlined in the State’s Streets and Highways code. These are lengthy procedures that will eventually come before City Council for final determination and approval or denial. Due to the current economic outlook, Concordia is eager to start the construction of the project. In order to avoid waiting for the mandated vacation/quitclaim procedures to commence, Concordia is requesting that the City issue an Encroachment Permit for the construction and maintenance of the slope in the existing City right-of-way. This encroachment may be allowed if the developer agrees and signs encroachment agreements that protect the City’s interests. The vacation or quitclaim of both the original alignment and the surplus right-of-way will follow its normal course and come to the City Council at a later date. Developer is aware that the Council will consider the vacation and/or quitclaims on their merits and that there is no guarantee of City Council approval when the matters are ultimately considered. Staff has reviewed the request by LB/L-Concordia Carlsbad-19 LLC for the Encroachment Permit and recommends issuing the requested permit upon approval, execution and recordation of the encroachment agreements. ENVIRONMENTAL: The Project (CT 99-08 Spyglass II) received environmental approval from the Planning Commission on December 15, 1999 via a Mitigated Negative Declaration. Page 2 of Agenda Bill No. J6! 170 FISCAL IMPACT: Concordia has agreed to increase its participation for the construction of the traffic signal at the intersection of Carlsbad Village Drive with Avenida de Anita/Appian Road from 25% to 50% of its cost (total cost is approximately $120,000). EXHIBITS: 1. 2. Location Map. Resolution No. flu/ -/ @ approving and authorizing execution of two Encroachment Agreements with LB/L-Concordia Carlsbad-1 g LLC (“Concordia”), allowing for the construction of a slope on City property at the southeasterly intersection of El Camino Real and Carlsbad Village Drive. 3. Encroachment Agreements. 2 NO7 76 SCALE PKIFIC OCEAN PROJECT NAME SPYGLASS II CT99-08 1kw BY; scorr EVANS. CAREBAD ENGINEERING DEPI s/3/01 c: \~EKLOPMENJ ~Ro~cJS\~R~I-O~O.~~VG 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING THE EXECUTION OF TWO ENCROACHMENT AGREEMENTS BETWEEN THE CITY OF CARLSBAD AND LB/L-CONCORDIA CARLSBAD-19 LLC, THAT ALLOW THE CONSTRUCTION OF A SLOPE IN EXISTING CITY RIGHT-OF-WAY. WHEREAS, the Planning Commission approved on December 15, 1999 the subdivision and development of property located at the southeasterly corner of the intersection of El Camino Real and Carlsbad Village Drive, known as CT 99-08 Spyglass II; and WHEREAS, existing El Camino Real right-of-way encumbers a portion of the property within the subdivision boundary; and WHEREAS, the design of the subdivision requires the construction of a slope that encroaches into a portion of the El Camino Real right-of-way; and WHEREAS, the portion of the El Camino Real right-of-way impacted by the proposed slope is outside the existing 126-foot wide road alignment and is excess right-of-way that may be vacated or quitclaimed following state code mandated procedures; and WHEREAS, environmental approval for the subdivision was granted via a Mitigated Negative Declaration by the Planning Commission on December 15, 1999; and WHEREAS, LB/L-Concordia Carlsbad-19 LLC, a Delaware limited liability company, the owner and developer, has requested that the City issue an encroachment permit allowing the construction of the slope on the existing excess right-of-way; and WHEREAS the encroachment permit may be issued if encroachment agreements that protect the City’s interests are executed by the City and the developer and recorded; and WHEREAS Concordia has agreed to increase its participation for the construction of a traffic signal at the intersection of Carlsbad Village Drive and Avenida de Anita/Appian Road from 25% to 50%. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 2. That the two encroachment agreements between the City and LB/L-Concordia Carlsbad-19 LLC, copies of which are attached, are hereby approved. 3. That the Mayor is hereby authorized to execute, on behalf of the City, the two encroachment agreements with LB/L-Conwrdia Carisbad-19 LLC, a Delaware limited liability company. 4. That the City Clerk is hereby authorized to cause the executed agreements to be recorded 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 Council held on the 15th day of May 9 2001 by the following vote, to wit: AYES: Counicl Members Nygaard and Hall. A-l-TEST: Page 2 of Resolution NO. 2001-146 (SEAL) . . RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC # 2001-0407979 JIJN 189 2001 2=06 F’M oFfIcI& REaRDs SPBI DIEGO COUHTY RERRDER’S OFFICE GREGORY guHI c!lfYYREcoRDER . 7 f 3 4 m~l~rrunll~ll~ll~~l~lkn~~l~l~nirn 2001-0407979 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 167-090-69 PROJECT NO. & NAME: CT 99-08 PR 01-051 Spyglass II RIGHT-OF-WAY PERMIT NO.: NONE ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and LB/L-Concordia Carksbad-19 LLC (“Owner”), in accordance with Chapter 11 .I 6 of the Carlsbad Municipal Code. 1. The Owner’s Propertv. Owner is the owner of that certain real property located at the southeast corner of the intersection of El Camino Real and Carlsbad Village Drive, within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 167-090-69 (“Owner’s Property’), and more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference. 2. The Citv’s Propertv. City currently owns an easement over that certain property located westerly of the Owner’s Property and easterly of the El Camino Real right-of-way (“City’s Property”), more particularly described in Exhibit “B” attached hereto and incorporated herein by reference. 3. The Encroachment. City hereby covenants, agrees and grants its permission to Owner to enter City’s Property for the purpose of constructing a slope and to allow said slope to remain in a portion of City’s Property (“Encroachment”). A plat showing the location of the Encroachment is attached as Exhibit “C” which is 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 landscaped condition at the sole cost, risk, and responsibility of the Owner and its successors in interest. (B) The Owner agrees 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 Encroachment and/or the construction, maintenance, use, repair or removal of the slope installed hereunder, 8 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 . 7135 including but not limited to any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. G) 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 Owner’s Property. 03 Whatever rights and obligations were acquired by the City with respect to the City’s Property 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. (E) The Owner shall provide proof of liability insurance in the amount of one million dollars and shall name the City as an additional insured under the insurance policy. The insurance shall be provided by a company satisfactory to the City. 4. Entire Aqreement. 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 City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 LB/L-Concordia Carlsbad-19 LLC Ste 200 7130 Avenida Encinas 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 Assisns. 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. Discretionarv Approvals. Owner understand, acknowledges and agrees that the City may choose to vacate, quitclaim, or otherwise dispose of the City’s Property, but that nothing in this Agreement is, or shall be interpreted to be, an agreement by the City to approve 2 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 1 iY24/97 any vacation, quitclaim or other disposition of City Property or to approve any permit or to issue any discretionary or ministerial approval. 9. Each party represents that the person(s) executing this Agreement on Capacitv. behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 22nd day of Mav ,200l. OWNER LB/L-Concordia Carlsbad-19 LLC, a Delaware limited liability company By: LB/L-Concordia Master LLC, A Delaware limited liability company Its Initial Member CITY OF CARLSBAD a Municipal Corporation, By: ’ CLAUDE A. LEWIS, Mayor By: Concordia Communities, LLC, a Delaware limited liabilitv companv ATTEST By: m-2 ~%&j?$&D~k~- Don Underwood, Its Manager (print name and title here) APPROVED AS TO FORM: 3 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12i24/97 7237 :’ State of California County of San Diego on Mav 11. 2001 . before me, m E. AcqllrrP , (Date) (Name, Title of Officer) personally appeared Don P. Underwndd I (Name[s] of Signer[s]) personally known to me -&B’?=xx@~~tie- AbaMs~m~dem~e~ to be the person(s) whose nameb) is& subscribed to the within instrument and acknowledged to me that he/&&t&q executed the same in his/h&&& authorized capacity&M), and that by hisL4a&hal signature(a) on the instrument the person($), or entity upon behalf of which the person(q acted, executed the instrument. WITNESS my hand and official seal _______ _ _ _ _ _ _ Cathlynn E. Aguirre Commission #1295566 5 7 Notary Public - Callfomle San Diego County E Gmisslon . Exp. March 28, Z w i Signature of N8ar-y (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages II MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 EXli1Wl- “A” PRO+051 OWNER’S PROPERTY THAT CERTAIN PORTION OF LOT “$ OF RANCH0 AGUA HEDIONDA, IN THE ClTY OF CARLSBAD, COUN?YOF SAN DlEGO, STATE OF CALIFORNIA, ACCORDlNG TO PARflTlON MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE COUNr/ RECORDER OF SAID SAN DIEGO COUNTY, AND DESCRIBED IN DEED TO WAYNE WILLARD C%NNOR, RECORDED JUNE 21,1957 AS FILE NO. 92974 IN BOOK 6632, PAGE 185 OF OFFICIAL RECORDS OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID CONNORS LAND: THENCE ALONG THE SOUTHEASTERLY LINE THEREOF, SOUTH 35O 51’ 13” WEST (RECORD SOUTH 34O 00’ WEST) 961.42 FEET TO A POINT IN THE EASTERCY RIGHT-OF-WAY LINE OF THAT CERTAIN SAN DIEGO COUNTY ROAD, AS SHOWN ON MAP OF ROAD SURVEY NO. 1800-65, ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNN; THENCE ALONG SAID RIGHT-OF-WAY LINE AS FOLLOWS: NORTH 14O 01’ 47” WEST 355.38 FEET: NORTH 1 lo 15’ 00” WEST 751.73 FEET TO THE BEGINNING OF A TANGENT 35 FOOT RADIUS CURVE, CONCAVE EASTERLY; NORTHERLY ALONG THE ARC OF SAID CURVE 36.12 FEET THROUGH A CENTRAL ANGLE OF 59D 07’ 48” AND LEAVING THE ARC OF SAID CURVE, NORTH 1 lo 07’ 07” WEST 11.59 FEET TO A POINT IN THE NORTHERLY LINE OF SAID CONNOR’S LAND; THENCE ALONG SAID NORTHERLY LINE NORTH 690 51’ 13” EAST (RECORD NORTH w 00’ EAST) 217.01 FEET TO THE MOST NORTHERLY CORNER OF SAIO LAND; THENCE ALONG SAID NORTHERLY LINE THEREOF, SOUTH 54’ 00’ 47” EAST (RECORD SOUTH 56” 00’ EAST) 720.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS GRANTED TO THE ClTY OF CARLSBAD IN THOSE CERTAIN DEEDS, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 251987 AS FILE NO. 87482007 AND OCTOBER 20,1@89 AS FILE NO. 89-571683, BOTH OF OFFICIAL RECORDS, OF SAID SAN DIEGO COUNTY. Assessor’s Parcel No. 167-090-69 EXHIBIT “B” LEGAL DESCRIPTKIN PR 01-051 I. 7139 EL CAMINO REAL EASEMENT THAT PORTION OF THE PUBLIC HIGHWAY EASEMENT RECORDED FEBRUARY 7,1945 IN BOOK 1820 PAGE 249 OF OFFICIAL RECORDS IN THAT PORTION OF LOT “J” OF RANCH0 AGUA HEDIONDA, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNlA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823, FILED NOVEMBER 16,1886, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND STATE, AND DESCRIBED IN DEED TO WAYNE WILLARD CONNOR, RECORDED JUNE 21,1957 AS FILE NO. 92974 IN BOOK 6632, PAGE 185 OF OFFlClAL RECORDS OF SAID SAN MEG0 COUNTY, DESCRIBED AS FOLLOWS: 6EGlNNlNG AT A POINT ON THE SOUTH LINE OF SAID LOT “J” DISTANT THEREON SOUTH 8954 EAST 1358.69 FEET FROM THE SOUTHWESTERLY CORNER OF SAID LOT; SAID POINT OF BEGINNING BEING ON A CURVE CONCAVE EASTERLY THE CENTER OF WHICH BEARS NORTH 77%‘50” EAST 1000 FEET FROM SAlD POINT; THENCE NdRTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6”25’10” A DISTANCE OF 112.04 FEET; THENCE TANGENT TO SAID CURVE NORTH 6=‘09’ WEST 454.84 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1542.51 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1 l”O9‘20” A DISTANCE OF 300.33 FEET; THENCE NORTH 17”18’20” WEST 1193.43 FEET TO THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 1500 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 5”40’30” A DISTANCE OF 148.57 FEET; THENCE NORTH 22”58’50” WEST 289.40 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1000 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21”10’20 A DISTANCE OF 369.43 FEET; THENCE NORTH 1’48’50” WEST 73.59 FEET; THENCE NORTH 88”ll’lO” EAST 40.00 FEET TO THE TRUE POINT OF BEGINNING; SAID POINT BEING NORTH 16”10’,09” WEST 227.57 FEET DISTANT FROM THE MOST SOUTHERLY CORNER OF SAID CONNOR’S LAND; THENCE NORTH 16”10’09” WEST 447.14 FEET ALONG THE EASTERLY RIGHT-OF-WAY OF EL CAMINO REAL TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADlUS OF 3063.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08”08’49” A DISTANCE OF 435.53 FEET TO THE BEGINNING OF A REVERSE CURVE ON THE SOUTHEASTERLY RIGHT OF WAY AT THE INTERSECTION OF EL CAMINO REAL AND CARLSBAD VILLAGE DRIVE Page 1 of 2 HAVlNG A RADlUS OF 25.00 FEET, A RADIAL TO SAID BEGINNING BEARS NORTH 65”41’02” EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8857’18” A DISTANCE OF 38.81 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 3040.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 67”35’09 WEST; THENCE SOUTHERLY ALONG SAJD CURVE THROUGH A CENTRAL ANGLE OF 0=‘25’41”A DISTANCE OF 22.71 FEET; THENCE SOUTH 21°59’10” EAST 474.46 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 1040.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20”tO’2O“A DISTANCE OF 366.15 FEET; THENCE SOUTH Ol”48’50 WEST 53.23 FEET TO THE TRUE POINT OF BEGINNING. PS~GHWAY LB RFV 01 .RTF Y3ROOl lo:41 AM Page 2 of 2 g EASEMENT FOR COUNTY HIGHWAY REC. FEB 7, 1945 IN BOOK 1820, PAGE 249 OF O.R. NORTH SW I"= 150' \ I s-FUBtlC HlGHWAY EASEMENT REC. FEB. 7, 1945 IN BOOK 1820, PAGE 249 OF O.R. . : , . ", N 01’4d’W EXHIBIT “C” ma-051 I TAIT 7~7pieri5eey Llliwl@, Inc. ~*~-~~’ RECORDING REQUESTED BY WHEN RECORDED MAIL TO: 7142 JUN 189 2001 2:04 PM oFFICIfk RECORDS SAN DIEGO (XINTY RECORDER’S OFFICE GREGORY &liITH, ~~~~ : . lHlilU0llllYllnlilllllllllillllillllUlUlllll 20014407980 City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SPACE ABOVE THIS LINE FOR RECORDER’S USE ASSESSOR’S PARCEL NO.: 167-090-69 PROJECT NO. & NAME: CT 99-08 PR 01-050 Spyglass II RIGHT-OF-WAY PERMIT NO.: NONE ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between the CITY OF CARLSBAD (“City”) and LB/L-Concordia Carlsbad-19 LLC (“Owner”), in accordance with Chapter 11 .16 of the Carlsbad Municipal Code. 1. The Owner’s Property. Owner is the owner of that certain real property located at the southeast corner of the intersection of El Camino Real and Carlsbad Village Drive, within the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 167-090-69 (“Owner’s Property,,), and more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference. 2. The Citv’s Property. City currently owns that certain property located westerly of the Owner’s Property and easterly of the El Camino Real right-of-way (“City’s Property,,), more particularly described in Exhibit “B” attached hereto and incorporated herein by reference. 3. The Encroachment. City hereby covenants, agrees and grants its permission to Owner to enter City’s Property for the purpose of constructing a slope and to allow said slope to remain in a portion of City’s Property (“Encroachment”). A plat showing the location of the Encroachment is attached as Exhibit “C” which is 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 landscaped condition at the sole cost, risk, and responsibility of the Owner and its successors in interest. (B) The Owner agrees 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 Encroachment and/or the construction, maintenance, use, repair or removal of the slope installed hereunder, including but not limited to any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 (C) (D) (E) 4. 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 Owner’s Property. Whatever rights and obligations were acquired by the City with respect to the City’s Property 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. The Owner shall provide proof of liability insurance in the amount of one million dollars and shall name the City as an additional insured under the insurance policy. The insurance shall be provided by a company satisfactory to the City. Entire Aareement. 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 ta the City: If to the Owner: City Engineer LB/L-Concordia Carfsbad-19 LLC City of Cadsbad Ste 200 1635 faraday Avenue 7130 Avenida Encinas Carl&ad CA 92008 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. City’s consent to or approval of any act or omission by Owner shall not Waiver. 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. Discretionarv Approvals. Owner understand, acknowledges and agrees that the City may choose to vacate, quitclaim, or otherwise dispose of the City’s Property, but that nothing in this Agreement is, or shall be interpreted to be, an agreement by the City to approve any vacation, quitclaim or other disposition of City Property or to approve any permit or to issue any discretionary or ministerial approval. 2 blASTERSlFORMSiENCAOACHMENT AGREEMENT AEV. 12/24/97 9. Each party represents that the person(s) executing this Agreement on Capacity. behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 22nd day of IGY ,200l. OWNER LB/L-Concordia Carlsbad-19 LLC, a Delaware limited liability company CITY OF CARLSBAD a Municipal Corporation, By: LB/L-Concordia Master LLC, A Delaware iimited liability company Its Initial Member By: By: Concordia Communities, LLC, a Delaware limited liability company By: w\ Don Underwood, Its Manager (print name and title here) APPROVED AS TO FORM: RONALD R. BALL :TYle~v~2C3+ MASTERS/FOAMS/ENCROACHh4ENT AGREEMENT ATTEST ‘AL. REV. 1212&w State of California County of San Diego > On May 11, 2001 before me, Cathlynn E. Anuirre I (Date) (Name, Title of Officer) personally appeared Don P l Underwood (Name[s] of Signer[s]) I personally known to me - OR----(erpr~~~~Basisefsa~s~ery-evidsnce) to be the person@) whose name(s$ is/-subscribed to the within instrument and acknowledged to me that hw executed the same in his/he&Mr authorized capacity(i@, and that by his- signature@ 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 &&t+&?~ c Signature of Nbfary 0 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages MASTERS/FORMS/ENCROACHMENT AGREEMEN 4 REV. 1 z/24/97 EXktI6IT “A” PRO1450 OWNER’S PROPERTY THAT CERTAIN PORTION OF LOT ‘J” OF RANCH0 AGUA HEDlONDA, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTlTlON MAP THEREOF No. 823 ON FILE IN THE Off ICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AND DESCRIBED IN DEED TO WAYNE WILLARD CONNOR, RECORDED JUNE 21,1$57 AS FILE NO. 92974 IN BOOK 6632, PAGE 185 OF OFFlClAL RECORDS OF SAID SAN DIEGO COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAJD CONNOR’S LAND: THENCE ALONG THE SOUTHEASTERLY LINE THEREOF, SOUTH 35O 51’ 13” WEST (RECORD SOUTH 34* 00 WEST) 961.42 FEET TO A POINT IN hiE EASTERLY RIGHT-OF-WAY LINE OF THAT CERTAIN SAN DIEGO COUNTY ROAD, AS SHOWN ON MAP OF ROAD SURVEY NO. 16OOd5, ON FILE IN THE OFFICE OF THE COUNIY StiRVEYOR OF SAID COUNfv, THENCE ALONG SAtO RIGM-OF-WAY LINE AS FOLLOWS: NORTH 14O 01’ 47” WEST 355.36 FEET; NORTH 1 la 15’ 00” WEST 751.73 FEET TO THE BEGINNING OF A TANGENT 35 FOOT RADIUS CURVE, CONCAVE EASTERLY; NORTHERLY ALONG THE ARC OF SAlD CURVE 36.12 FEET THROUGH A CENTRAL ANGLE OF 590 07’ 46” AND LEAVING TtiE ARC OF SAID CURVE, NORTH 1 lo 07’ 07” WEST 11.59 FEET TO A POINT IN THE NORTHERLY LINE OF SAID CONNOR’S LAND; THENCE ALONG SAID NORTHERLY LINE NORTH 8s0 51’ 13” EAST (REGORD NORTH 68’ 00’ EAST) 217.01 FEET TO THE MOST NORTHERLY CORNER OF SAID LAND; THENCE ALONG SAID NORTHERLY LINE THEREOF, SOUTH 54’ 00’ 47” EAST (RECORD SOUTH 5@ 00’ EAST) 720.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS GRANTED TO THE ClTY OF CARLSBAD IN THQSE CERTAIN DEEDS, FlLED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 25,1987 AS FILE NO. 87-462007 AND OCTOBER 20,1969 AS FILE NO. 89-571663, BOTH OF OFFICIAL RECORDS, OF SAID SAN DIEGO COUNTY. Assessor’s Parcel No. 167-09@69 s3aq // EXHIBIT “B” LEGAL OESCRWTION PR 01-050 CITY’S PROPERTY (EL CAMINO REAL) 1 PARCEL A PORTION OF THE ROAD RIGHT-OF-WAY DESCRlBED IN PARCEL 66153- C OF DOCUMENT NO. ‘t43634, RECORDED SEPTEMBER 2,1966, O.R., OVER AND ACROSS THAT PORTION OF LOT “J” OF RANCH0 AGUA HEDIONDA, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THE PARTITION MAP THEREOF NO. 823 ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF SAN DtEGO, DESCRIBED IN DEE0 TO WAYNE WILLARD CONNOR RECORDED JUNE 21,1957 AS DOCUMENT NO. 92974 IN BOOK 6632 PAGE 183 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 26 OF CHESTNUT HEIGHTS, ACCORDING TO MAP THEREOF NO. 5328, ON FILE IN SAlD COUNTY RECORDER’S OFFICE, THE SOUTHERLY LINE OF SAID LOT HAVING A BEARING OF NORTH 89”14’42” WEST FROM SAID POINT, CALlFORNtA COORDINATE SYSTEM ZONE 6 (NORTH 89Ql6’43” WEST PER MAP 5328); THENCE NORTH 73*13’41” EAST 61.99 FEET TO THE BEGINNING OF SAID CENTER LINE, SAID POINT HAVING COORDINATES NORTH 364,137.828 AND EAST 1,672,983.535 PER SAID ZONE 6; THENCE NORTH 16%6’19” WEST 1543.09 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 10,000 FEET; THENCE NORTHERLY ALONG SAtD CURVE, THROUGH A CENTRAL ANGLE OF 2”44’32’+ A DISTANCE OF 478.61 FEET; THENCE TANGENT TO SAID CURVE, NORTH 14”01’47” WEST 105.74 FEET TO ENGtNEER’S STATtON 116+so; THENCE CONTINUING ON A COURSE OF NORTH 14”01’47” WEST 22.21 FEET TO ENGINEER’S STATION 116+72.21; THENCE AT RIGHT ANGLES TO SAID CENTER LINE NORTH 75*58’13 EAST 63 FEET TO POINT “6” ON THE EASTERLY LINE OF SAID 126-FOOT STRIP OF LAND, BEtNG THE MOSi SOUTHERLY CORNER OF SAtD CONNOR’S LAND; THENCE NORTH 14=01’47” WEST 352.94’ TO THE TRUE POINT OF BEGINNING; THENCE NORTH 1 l”15’00” WEST 751.73 FEET TO THE t3EGINNtNG OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS Of 35.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 59”07’48” A DtSTANCE OF 36.12 FEET TO POINT “A”, ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CARLSBAD VILLAGE DRIVE, AND THE BEGINNING Page 1 of2 OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 556.00 FEET, SAtD CURVE BEtNG THE SOUTHERLY RIGHT-OF-WAY OF CARLSBAD VtLLAGE DRIVE A RADlAl TO SAID POINT BEARS NORTH 07’14’05 WEST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF O4”04’59” A DISTANCE OF 39.76 FEET ; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY OF CARLSBAD VILLAGE DRIVE, SOUTH 78”52’53 WEST 20.24 FEET TO THE BEGtNNlNG OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A RADtAL TO SAtD BEGINNING BEARS NORTH ll”o7’07’ VVEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF lOl”O3’28 A DISTANCE OF 44.09 FEET TO THE BEGlNNtNG OF A REVERSE CURVE HAVING A RADtUS OF 3063.00 FEET, CONCAVE WESTERLY, SAtD CURVE BEING THE EASTERLY RIGHT-OF-WAY OF EL CAMtNO REAL, A RADIAL TO SAID BEGlNNtNG BEARS SOUTH 67”49’24” WEST THENCE SOUTHERLY ALONG THE EASTERLY RIGHT-OF-WAY OF EL CAMtNO REAL THROUGH A CENTRAL ANGLE OF 08”08’49” A DISTANCE OF 435.53 FEET; THENCE SOUTH 14”01’47” EAST 321.77 FEET TO THE TFWE POtNT OF BEGINNING. ~PYGLASS-WPSVEGALUEGAL ECR VACATIGN REMi.rtf Page 2 of 2 NORTH SCALE 1’ 150’ PAf3X.L 66153-C PER DOC. NO. 143634 REC. SEPmuff#R 2, 1966 EXHIBIT ‘CR D!!h 74 TAIT zya fimnrlfiinn hr a...+. 7cn-1v9~44a~