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~