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Home My WebLink AboutPR 08-46; HILLSIDE PATIO HOMES ASSOCIATION; 2011-0160995; Encroachment AgreementDQCtt 2011-0160995 RECORDING 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 fe MAR 28, 2011 3:59 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 42.00 PAGES:10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-200-32, 223-200-15 PROJECT ID: PR 08-46 PROJECT NAME: HILLSIDE PATIO HOMES RELATED PROJECT ID: PR 08-46 RELATED PROJECT ID: RW 08-228 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and The Hillside Patio Homes Association, a California 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 within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 223-200-32, 223-200-15 and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public utility and access 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 4" diameter sub-drains to remain in a portion of the public utility and access 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 hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. Q.\FDEng\Development Services\PROJECTS\PR FILES\PR 08\PR 08-46 Hillside Patio Homes - Bobbett\ENCROACHMENT AGMT, PR 08-46Revised8-11-10.doc (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: If to the Owner: City Engineer Hillside Patio Homes Assocation City of Carlsbad c/o Bruner & Rosi Management 1635 Faraday Avenue 5651 Palmer Way #A Carlsbad CA 92008 Carlsbad CA 92010 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. 2 Q:\FDEng\Development Services\PROJECTS\PR FILES\PR 08\PR 08-46 Hillside Patio Homes - BobbetfiENCROACHMENT AGMT, PR 08-46Revised8-11-10.doc 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. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this £i ^ day of M^di 20 '' . OWNER, The Hillside Patio Homes CITY OF CARLSBAD, a municipal Assocation^a California coporation corporation of the State of California GLEN K. VAN PESKI, City Engineer By: (Print Name Here) (Sign Here) PLS8801 Exp. 12/31/201 $t (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney Deputy City AttoViey Q:\FDEng\Development Services\PROJECTS\PR FILES\PR 08\PR 08-46 Hillside Patio Homes - Bobbett\ENCROACHMENT AGMT, PR 08-46 Revised 8-11-10.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On litornia >^mwM•,-iXM^w\ ' Da* personally appeared before me,A.and TWfHbnfie Officer NameJ*)ofSigner(s)' jumiOi.i. * *> <fi ^-^ .-ssrnv LANH TRAN , /''"S^ Commission # 1732633 zsfe^'l-q Notaiy Public •• California ?5 XtL/***1/1 San Diego County r i Place Notary Seal Above who proved to ma on the basis of satisfactory evidence to be the person(sf whose name6s)/1s^afe-subscribed to the jthin instrument and acknowledged to me that /they- executed the same \tC\v^berJ#mr autjaorized capacitWjes)r3nd that bv^hjsjbewieir signature^) on the instrument the person(sVor the entity upon behalf of which the personfs) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hari Signature OPTIONAL - Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D Title or Type of Document: ._"77Document Date: Signer(s) Other Than Named Above: Number o Capacity(ies) Claimed by Signer(s) D Corporate Officer —Title(s): D Partner—D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:^Sfei Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing:. RIGHTTHUMBPRINTOF SIGNER Top of thumb here O2007 National Notary Association'9350 DeSoto Ave., P.O.Box 2402 •Chatsworth.CA 91313-2402«www.NationalNotary.org Item #5907 Reorder Call ToU-Ftse 1-800-876-6827 Q:\FDEng\Development Services\PROJECTS\PR FILES\PR 08\PR 08-46 Hillside Patio Homes - Bobbett\ENCROACHMENT AGMT, PR 08-46 Revised 8-11-10.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me Here Insert Name and Title of the H Officer Name(s) of Signer(s) TERIE I. ROWLEY Commlulon* 1773534 Notary Public • California San Diego CountyMifComm.Bsmocna.ani I1i who proved to me on the basis of satisfactory evidence to be the person^ whose name(sf is/ape' subscribed to the within instrument and acknowledged to me that he/sheTthey" executed the same in his/hef7theiKauthorized capacityfjesjf, and that by his/heffthetf signature^ on the instrument the person^, or'the'entity upon behalf of which the person(sf acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Signer(s) Signer's Name: D Individual Q Corporate Officer —Title(s): D Partner — D Limited D General D Attorney in Fact RIGHT THUMBPRIN OF SIGNER Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited n General D Attorney in Fact RIGHTTHUMBPRINTOF SIGNER D Trustee Q Guardian or Conservator n Other: Signer Is Representing: Top of thumb here D Trustee D Guardian or Conservator n Other: Signer Is Representing: Top of thumb here O2007NatJOnalNk3tflryA8sooat)on'9350 DeSotoAve.,PO Box ZJOJ'Chatswortri.CA 91313-2402*www.NationalNotaryorg It9rn*5907 Reorder.CcOlTotFree1-80W76-68Z7 Q:\FDEng\Development Services\PROJECTS\PR FILES\PR 08\PR 08-46 Hillside Patio Homes - Bobbett\ENCROACHMENT AGMT, PR 08-46Revised8-11-10.doc EXHIBIT "A" PROPERTY LEGAL DESCRIPTION Lots 490, 491, 492 of Carlsbad Tract No. 72-20 La Costa Vale Unit No. 3, in the City of Carlsbad, County of San Diego, according to Map thereof No. 7950, filed in the Office of the County Recorder of San Diego County on June 3, 1974. Hillside Patio Homes PR 08-46 EXHIBIT "B" EASEMENT Public utility and access easements over Del Rio Court, Cuesta Place, Dorado Place and Dehesa Court per document No. 77-360595 recorded in the Office of the County Recorder of San Diego County on September 1, 1977. Hillside Patio Homes PR 08-46 Construction Notes: Contractor to verify locations of existing utilities prior to beginning work. Install subdrain along pavement edge per detail in TCI report dated April 6, 2007. Connect outlet for proposed subdrain to the storm drain catch basin on south side of Estera Street west of the intersection with Del Rio Ct. using 4" diameter Sch. 80 PVC solid pipe. Avoid existing utilities moving alignment of subdrain as needed. May require localized removal and replacement of sidewalk panel per City of Carlsbad approved standard drawing. DEL RIO COURT Legend 1%Approximate location of subdrain w/ flow direction and minimum slope Tightline to storm drain catch basin High point of proposed subdrain Approx. scale: 1" = 40' ._ TerraPacific 12245 World Trade Drive Suite G San Diego CA 92128 858-521-1190 Encroachment Exhibit for Hillside Patio Homes Hillside Patio Homes PR 08-46 File No. 24019 February 2011 Exhibit C page 1 of 3 1%Approximate location of subdrain w/ flow direction and minimum slope Tightline to existing subdrain access hole High point of proposed subdrain Approximate location of existing subdrain installed by others Approximate location of existing access hole for existing subdrain installed by others Contractor to verify locations of existing utilities prior to beginning work. Install subdrain along pavement edge per detail in TCI report dated April 6, 2007. Connect outlet for proposed subdrain with 4" diameter Sen. 40 PVC solid pipe to access hole for existing subdrain. Approx. scale: 1" = 40' .. TerraPacific 12245 World Trade Drive Suite G San Diego CA 92128 858-521-1190 Encroachment Exhibit for Hillside Patio Homes Hillside Patio Homes PR 08-46 File No. 24019 February 2011 Exhibit C page 2 of 3 Construction Notes: Contractor to verify locations of existing utilities prior to beginning work. Install subdrain along pavement edge per detail in TCI report dated April 6, 2007. Connect outlet for proposed subdrain with 4" diameter Sch. 40 PVC solid pipe to existing storm drain catch basin. Legend 1%Approximate location of subdrain w/ flow direction and minimum slope Tightline to existing storm drain catch basin High point of proposed subdrain Approx. scale: 1" = 40' TerraPacific 12245 World Trade Drive Suite G San Diego CA 92128 858-521-1190 Encroachment Exhibit for Hillside Patio Homes Hillside Patio Homes PR 08-46 File No. 24019 February 2011 Exhibit C page 3 of 3