HomeMy WebLinkAboutCT 01-02; McMillin Montara LLC; 2005-0916398; Encroachment AgreementDOC # 2OO5-Og16393
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
I 11ll1111 Ill lllll11111 Ill11 Ill11 111ll 11111111111111111111111111111111l
OCT 21,2005 451 PM
0 FFI ClAL RE CO HD 5
':At4 CllEGO CULINTY RECORDER'S OFFICE GRELOR'I J SMITH, CULINT'Y RECURLER FEES 28 uu PAGE 5 8
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 168-321-35
PROJECT NO. & NAME: PRO50094
CALAVERA HILLS VILLAGE K - LOT 51
RIGHT-OF-WAY PERMIT NO.: NIA
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and McMillin Montara, LLC ("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 at 3522
Rock Ridge Road, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
Number 168-321 -35, and more particularly described in Exhibit "A", attached hereto and
incorporate he rein by reference.
2. The Easement. City currently owns an existing easement over, under, and
across Owner's property for street and utility purposes which easement is described in Exhibit
"B1 attached hereto and incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission
to Owner to allow retaining wall to remain in a portion of the public street and public utility
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.
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H./DEVELOPMENT SERVICESMASTERSIAGREEMENTS, OTHERENCROACHMENT AGREEMENT REV. 07/15/2002
(C) The Owner must remove or relocate any part of the encroachment within
ten (IO) 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 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
McMillin Montara, LLC
2750 Womble Road
San Diego CA 921 06
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 Assinns. 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.
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8. Capacitv. 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 1% day of $€ PE+i3M ,2005.
OWNER CITY OF CARLSBAD McMillin Montara, LLC, a Delaware limited
liability company
<* By: -& By: McMillin Management Services, LP,
A California limited partnership
Its Manager
- pod LLOYD B.qUBBS, &.
Public Works Director
By: Corky McMillin Construction Services, Inc R;46-C/t- -7- 1Joj ;*k A California corporation
Its General Partner
By:
Its: BOAI 4mLL /P
(Print Name and Title)
By:
(Sign Here)
Its: DmNi GQtw=l / 19.
(Print Name and Title)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
3 I H:/DEVELOPMENT SERVlCESlMASTERSlAGREEMENTS, OTHEFUENCROACHMENT AGREEMENT REV. 07/15/2002
State of California )
) County of San Diego )
On October 20, 2005 before me, Belinda R. Guzman, Notary Public, personally appeared
Robert J. Wojcik, personally known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal
Signature of Notary U (This area for
official notary seal)
State of California )
)
County of San Diego 1
On - 15-0 5 before me, Amrl rn. -c;aU I
(Date) (Name, Title of Officer)
\ cud .hcLMQ931& t
personally appeared m, (Name[s] of Signer[s])
personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person@) whose name@) jdare subscribed to the within instrument and acknowledged to
me that ke/ske/they executed the same in hidtm'their authorized capacity(ies), and that by
k;rLkncHheir signature@) on the instrument the person@), or entity upon behalf of which the
person@) acted, executed the instrument.
WITNESS my hand and official seal
/?
(This area for
official notary seal)
Title or Type of Document&P.m -
Date of Document
Signer@) other than named above
No. of Pages
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EXHIBIT “A”
LEGAL DESCRIPTION
LOT 51 OF CARLSBAD TRACT NO. 01-02 CALAVERA HILLS, VILLAGE ‘K’, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO MAP THEREOF N0.14622, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAID SAN DIEGO COUNTY ON JULY 1,2003.
EXHIBIT “B”
LEGAL DESCRIPTION
PORTION OF ROCK RIDGE ROAD AS SHOWN AND DEDICATED ON CARLSBAD
TRACT NO. 01-02 CALAVERA HILLS, VILLAGE ‘K’, IN THE CITY OF CARLSBAD,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP
THEREOF N0.14622, FILED IN THE OFFICE OF THE COUNTY RECORDER OF
SAID SAN DIEGO COUNTY ON JULY 1,2003.
EXHIBIT "C"
ROCK RIDGE ROAD
0 20 40 60 / SCALE 1 "= 20 '
PLANNING 10179 Huemekens Street
ENGINEERING San Diego, Ca 92121
SURVEYING PH(858)5584500~ FX(858)558.1414