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Home My WebLink About; La Costa Hotel & Spa; 87-627015; Encroachment Agreement_: hECOkDING REQUESTED BY '-I-, fy-- k~z7/~ .TlI%R TITLE INSURANCE COMPANY OF=LIFORnti >vt I ) -7 627015 WHEN RECORDED MAIL TO CITY ENGINEER CITY OF CARLSBAD 2075 Las Palmas Drive Carlsbad, CA 92009 05 iB.2 7 --olb 1 1 ~3 652 ; 1937 NH -6 Pi4 2: So 1 Space above this% for Record&s use Assessor's Parcel No. 215-052-16 UNDERGROUND ENCROACHMENT AGREEMENT IN ACCORDANCE with the provisions of Section 11.04.060 of the City of Carlsbad Municipal Code, the undersigned, the owner of Parcel A of Parcel Map No. 13427 (the La Costa Hotel and Spa), in the City of Carlsbad, County of San Diego, State of California, in consideration of the grant of permission by the City of Carlsbad, to install and maintain a golf cart undercrossing structure for the use and benefit of owner's property, over, under and across Alga Road covenants and agrees with the City of Carlsbad as follows: (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 successors in interest. (b) The property owner shall agree to at all time indemnify and save the City free and harmless from and pay in full, any and all claims, demands, losses, damages or expenses that the City may sustain or incur in any manner resulting from the construction, maintenance, state of use, repair or presence of the structure installed hereinunder, including any loss, damage or expenses arising out of (1) loss of or damage to property, and (2) injury to or death of persons; excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the City, its contractors, officers, agents or employees. (c) The property owner must remove or relocate an encroachment within 30 days after notice by the City Engineer or the City Engineer may cause such work to be done, and the costs thereof shall be a lien upon said land. (d) For structures encroaching over or under the public right-of-way, the owner agrees to provide an alternate right-of-way and/or to relocate said City facility to a new alignment, all without cost or expense to the City, whenever it is determined by the City Engineer that the City facility cannot be economically placed, replaced or maintained due to the presence of the encroaching structure. (e) Should the City request the relocation or removal of the encroachment as set forth in paragraph (c) above, owner may request that City provide a similar encroachment license ("Replacement License") to owner. City's grant of the Replacement License shall not be unreasonably withheld, provided owner bears all construction costs in constructing the required structures and provided further that owner's improvements shall not interfere with City's use of the subject property. The Replacement License shall additionally include similar general provisions to those contained herein. (f) Whatever rights and obligations were acquired by the City with respect to the rights-of-way shall remain and continue in full force and effect and shall in no way be affected by the City's grant of permission to construct and maintain the encroachment structure. (9) The an amount sat any potential property owner shall maintain a policy of liability insurance in isfactory to the City Engineer in order to protect the City from claims which may arise from the encroachments. (h) This agreement is made for the direct benefit of Owner's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of Owner. For location and details of the encroachment see Exhibit A, and Exhibit B attached hereto and by the reference made a part hereof. ThfsInmfiledIbrwCn#wm lnwmnce Company as an acannmodaltiocl uaJy. I has not been examined as to its executioA 0~ ns toitseffactupenthe~ . . : 653 1 _. REOI, we hlye hereunto set our hands and seals this 3 d Title plW .&X2, CITY OF CARLSBAD, a Muni ipal Corporation of the 1 State of APPROVED AS TO FQRM: STATE OF CALIFORNIA ss CWNTY OF SAN DIEGO 1 On the & day of 1 19 47 , before me the undersigned, a Notary Public in and i%r said State peksonally appeared LLOYD B. HUBBS, known to me to be the City Engineer of the City of Carlsbad, California, a Municipal Corporation of the State of California, known to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledge to me that such City of Carlsbad, California, executed the same. WITNESS my hand and official seal Attach properly notarized acknowledgement here. t *+**************************** t OnwlAL SEAL t t KAREN Ft. KUNDTZ t * r NOTARY FWWC-CALIFOI$NIA $ SW OKGO COUNTV h’ ‘km. Exp. S~PI. 27, 1989 t *****************************$ CAT. NO. NNOO830 TO 1946 CA (9-84) (Partnership) m TICOR TITLE INSURANCE STATE OF CALIFORNIA COUNTY OF SAN DIEGO !ss. t On before me, the undersigned, a Notary Public in and for Nnvemh-r 3 : 1 9 R 7 said State, personally appeared a 1 1 2 ra poT z W I r personally known to me or proved to me on the basis’of satisfactory evidence to be 5 the person who executed the within instrument as -_ .---. _.. ---. - of the partners of the partnership nnn that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. FFICIAL SEAL Signature aA (This are+ for official notarial seal) ‘, *a ,’ / . ,.- _ . * * ’ . *‘_3 EXHIBIT A LA cosTA GOLF COURSE APN 218-062-16 PARCEL MAP 18427 GOLF CART UNDERCROSSING ALGA ROAD .~ ---- __._-. LA COSTA GOLF COURSE See Drawing No. 233-8. Sheotr 6 and 7 tor dotalla /.*. . d!J 655 - FORM 468 O?WCO PRESS 4 . . . . RICK ENGINEERING COMPANY I 365 SO. RANCH0 SANTA FE ROAD SAN MARCO& CALIFORNIA 92069 l JO8 NO. LEGAL DESCRIPTION FOR: GOLF CART UNDERPASS 8g84-N 'UNDER ALGA ROAD BY DATE SHEET JLW CHK’O. JC 11-05-87 1 OF1 EXHIBIT 8 An easement for the’ Golf Cart Underpass being in the City of Carlsbad, County of San Diego, State of California, being a portion of the Southeast Quarter and the Northeast Quarter of Section 26, Township 12 South, Range 4 West, San Bernardino Meridian, as shown on Map No. 5781, said map being on file in the Office of the County Recorder, ih said County, in said state, more particularly described as follows: A strip of land being 15.00 feet wide, lying 7.50 feet on each side and parallel with the following described centerline: COMMENCING at the Northeast corner of Lot 148 of La Costa Valley -Unit No. 4, as shown on said Map No. 5781, said point being on the arc of a 949.00 foot radius curve concaved Southerly, a radial line to said point bears North 40°08'OO" East, said point also being on the Southerly right-of-way line of Alga Road as shown on said map: thence Westerly along the arc of said curve and said right-of-way line through a central angle of 2'05'43", a distance of 34.70 feet to a point of compound curvature of a 4,910.OO foot radius curve concaved Southerly; a radial line to said point bears North 2OO2'17" East; thence Westerly along the arc of said 4,910.OO foot radius curve through a central angle of 0°04'33", a distance of 6.50 feet to the TRUE POINT OF BEGINNING: thence leaving said Southerly right-of-way line North 2O59"38" West 102.85 feet to the Northerly right-of-way line of said Alga Road being a point on the arc of a 1,051.OO foot radius curve concave Southe'rly, a radial line to said point bears North OlO11'4" west, said point being the POINT OF TERMINATION. The Easterly sideline of said easement shall be lengthened or shortened to begin on said 949.00 foot radius curve and shall terminate on said Northerly right-of-way line. The Westerly sideline shall be lengthened or shortened to begin on said 4,910.O foot radius curve and shall terminate on said Northerly right-of-way line. EXHIBIT B TITLE CO. REFERENCE COMPANY ORDER NO. DATE DESCRIPTION 4 REVISIONS BY DATE