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HomeMy WebLinkAboutCT 02-16; Calavera Hills II LLC; 2008-0576876; Encroachment AgreementDGC# 2008-0576876 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 NOV 04, 2008 2:37 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY,!. SMITH COUNTY RECORDER FEES: 36.00 PAGES:10 io SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 168-360-05,168-360-06, 168-370-82,168-370-83 168-371-68,168-373-75 CT02-16 Robertson Ranch East Village PR 06-127 n/a ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Calavera Hills II, LLC, a California limited liability company ("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 north of Cannon Road between El Camino Real and College Blvd within the City of Carlsbad, San Diego County, California, Assessor's Parcel Numbers 168-360-05,168-360-06,168-370-82,168-370-83 168-371-68, and 168-373-75, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns existing easements more properly 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 private median hardscape, landscape and irrigation to remain in a portion of the easements described above. A plat showing the location of the encroachments 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 r. 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, 1 H:\Development Services\PROJECTS\CT FILESXCT 02\CT 02-16 Robertson Ranch\bonds & agreements\ENCROACHMENT AGREEMENT, PR 06-127.docREV. 07/26/07 or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (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 Calavera Hills II, LLC City of Carlsbad 12865 Pointe Del Mar 1635 Faraday Avenue Del Mar, CA 92014 Carlsbad CA 92008 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 H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-16 Robertson Ranch\bonds & agreements\ENCROACHMENT AGREEMENT, PR 06-127.docREV. 07/26/07 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 2.7A day of OWNER Calavera Hills II, LLC, a Delaware limited liability company By: Brookfield Tamarack, LLC a Delaware limited liability company By: (Print Name Here) (Print title) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 (Print title) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-16 Robertson Ranch\bonds & agreementsNENCROACHMENT AGREEMENT, PR 06-127.docREV. 07/26/07 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On August 28. 2008 _, before me, Gladys M. Eddy-Lee, Notary Public, personally appeared David R. Poole and E. Dale Gleed, OLAOYSM. CommMon* 1*73171 Netaty CubNc • CaMomto My Comm. fepftw jui 4,201 proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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 hand and official seal. Place Notary Seal Above Signature of Notary Public 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:Number of Pages:_ Signer(s) Other Than Named Above:_ Capacities Claimed by Signers Signers' Names: n Individual D Corporate Officers -Vice Presidents D Partner — D Limited D General n Attorney in Fact D Trustee D Guardian or Conservator D Other: Signers are representing Right Thumbprint of Signer Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5 On Date personally appeared before me, Here Insert Name and/Title of the Officer Name{s) of Signer(s) ««E I. ROWLEY Commission who proved to me on the basis of satisfactory evidence to be the personfs/whose name(sf is/aj# subscribed to the within instrument and acknowledged to me that he/sjje/thgtf executed the same in his/her7th£lr authorized capacity(ieiy, and that by his/hjef?th0tt signature]^ on the instrument the personfsVor 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. WITNESS my hand and official seal. L Place Notary Seal Above Signature OPTIONAL Signature of Notary Public 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: &H cAo A-t,H-wv £ M~t Document Date: OCt.. Number of Pages:V -> Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:, 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: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder:CallToll-Free 1 -800-876-6827 SEPTEMBER 22, 2008 J.N.: 011014-3 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION PR 06-127 ALL OF LOTS 6 AND 7 PER CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608, RECORDED SEPTEMBER 18, 2007 AS FILE NO. 2007-0612802, TOGETHER WITH LOTS 305, 306, 307 AND 309 PER CARLSBAD TRACT NO. 04-26, ROBERTSON RANCH EAST VILLAGE PLANNING AREAS 16, 17 & 18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15682, RECORDED APRIL 11, 2008 AS FILE NO. 2008-0192971. O:\Legal_Descriptions\011014\EncroachmentPA16-18.1gl.doc SEPTEMBER 22, 2008 J.N.: 011014-3 PAGE 1 OF 1 EXHIBIT "B" LEGAL DESCRIPTION PR 06-127 WIND TRAIL WAY, GLEN AVENUE AND HILLTOP STREET AS DEDICATED PER CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15608, RECORDED SEPTEMBER 18, 2007 AS FILE NO. 2007-0612802, TOGETHER WITH THAT PORTION OF WIND TRAIL WAY DEDICATED PER GRANT DEED RECORDED JUNE 8, 2007 PER DOCUMENT NO. 2007-0388769. O:\Legal_Descriptions\011014\EncroachmentPA16-18-City.lgl.doc EXHIBIT *C' LCGAL DCSCR,PT,ON ENCROACHMENTS WIND TRAIL WAY, GLEN AYE. AND HILLTOP STREET DEDICATED PER CT 02-16, MAP 15608 RECORDED SEPT. 18, 2007 F/N 2007-0612802 TOGETHER WITH WIND TRAIL WAY DEDICATED PER GRANT DEED RECORDED JUNE 8, 2007 PER DOC. NO. 2007-0388769 LEGEND EXISTING BOUNDARY RIGHT-OF-WAY LINE ENCROACHMENT AREA Y/////A PUBLIC STREET EASEMENT PER 2007-0388769 REC. 6/08/2007 STREET MEDIANS 0' w 100'I SCALE: 1" = 100' 2710 Loker Avenue West Suite 100 Carlsbad, California 92010760-931-7700Fax: 760-931-8680 CITY OF CARLSBAD EXHIBIT 'C' DATE: SEPTEMBER 22, 2008 SHEET 1 OF 2 SHEET APPLICANT: CALAVERA HILLS II, LLC 2750 WOMBLE ROAD IEGO, CA 92106 '619) 794-1252 PREPARED BY: GEORGE RCE 32014,P. 12/31/08 CT 02-16 A.P.N. 168-360-01, 02, 08 168-361-01 208-010-36 P.R. 06-127 Xrefs: OIHbmop; OIHbstr EXHIBIT 'C' ENCROACHMENTS 0' 2710 Loker Avenue WestSuite 100Carlsbad. California 92010760-931-7700Fax: 760-931-8680 CITY OF CARLSBAD EXHIBIT 'C' DATE: SEPTEMBER 22, 2008 SHEET 2 OF 2 SHEET APPLICANT: CALAVERA HILLS II, LLC 2750 WOMBLE ROAD WIEGO, CA 92106 794-1252 PREPARED BY: O'DAY // y ' RCE 32014, DIP. 12/31/08 CT 02-16 A.P.N. 168-360-01, 02, 08 168-361-01 208-010-36 P.R. 06-127 C:\Ol1014\01UPb01.dwg Sep 23, 2008 2:02pm Xrefs: OIHbmap; OIHbstr