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HomeMy WebLinkAboutCT 02-16; Calavera Hills II LLC; 2009-0391108; Encroachment AgreementRECORDING 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 DOC# 2009-0391108 JUL16, 2009 8:57 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L BUTLER, COUNTY RECORDER FEES: 30.00 PAGES: 8 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 168-360-05,168-360-06, 168-370-82,168-370-83 168-371-68, 168-373-75 168-371-69 PROJECT ID: CT 02-16 PROJECT NAME: Robertson Ranch East Village RELATED PROJECT ID: PR 09-08 RELATED PROJECT ID: 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 at at the northwest corner of Cannon Road and Hilltop Street within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 168-360-05, 168-360-06, 168- 370-82, 168-370-83 168-371-68, 168-373-75, and 168-371-69 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 street and public utility purposes and for public pedestrian access purposes 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 private custom meandering sidewalk, entry trellis, private storm drain lines and entry monument walls to remain on both sides of a portion of the public street and public utility easement, known as Hilltop Street, and the public pedestrian 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. H:\Development Services\PROJECTS\CT FILES\CT 02\CT 02-16 Robertson Ranch\bonds & agreements\ENCROACHMENT AGM, PR 09- os.doc (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. (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, Ste 200 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 AGM, PR 09- 08.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 n[)£^i__ day of CJVn-e- , 20 05 . OWNER Calavera Hills II, LLC a California limited liability company By: L/ (Print Name Here) ign Here) (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 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 & agreements\ENCROACHMENT AGM, PR 09- 08.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego ss. On May 5. 2009 personally appeared David R. Poole and Adam D. Pevney, , before me, Gladys M. Eddy-Lee, Notary Public, GtADVS M. fOCWUI Commteton* 1*73171 fan Otogo County MyConvn.fxpkMJul4.20K Place Notary Seal Above who 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. ^r^fst^. 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 Signer's Name:Signer's Name:_ U Individual D Corporate Officer - Title n Partner — n Limited D General D Attorney in Fact D Trustee n Guardian or Conservator D Other: Siqner is representing Right Thumbprint of Signer Top of thumb here G Individual D Corporate Officer - Title n Partner - D Limited D General n Attorney in Fact C Trustee D Guardian or Conservator D Other: Signer is representing Right Thumbprint of Signer Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OnJ-^33^ Date personally appeared u before me. ^w,o y- ~Ti*ie Ao^?\£- t i 1 v-*-'rid Title of the Officer ' Name(s) of Signer(s) I. ROWLEY Commission # 1773534 Notary PubHc - California I Son Olego County s J who proved to me on the basis of satisfactory evidence to be the person(s/whose name^is/a^ subscribed to the within instrument and acknowledged to me that he/stie?they"executed the same in his/^r/theff authorized capacity (j£s), and that by his/h0f/th£fr signature^ on the instrument the person^, or the entity upon behalf of which the personj^) 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. 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: Document Date: Signer(s) Other Than Named Above:*4 Number of Pages: 3 V 'J<oJi*>. \ft. ftMo 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: Signer Is Representing: RIGHTTHUMBPRINTI OF SIGNER Top of thumb here 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: RIGHT THUMBPRINTOF 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 MARCH 26, 2009 J.N.: 081245-3 PAGE 1 OF 1 EXHIBIT "A" LEGAL DESCRIPTION PR 09-08 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, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2007 AS FILE NO. 2007-0612802, TOGETHER WITH LOTS 305, 306, 307, 309 AND 311 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, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON APRIL 11, 2008 AS FILE NO. 2008-0192971. MARCH 26, 2009 J.N.: 081245-3 PAGE 1 OF 1 EXHIBIT "B" LEGAL DESCRIPTION PR 09-08 HILLTOP STREET, DEDICATED AS A PUBLIC STREET AND PUBLIC UTILITY EASEMENT AND THE 10-FOOT WIDE PUBLIC PEDESTRIAN ACCESS EASEMENTS 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, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON SEPTEMBER 18, 2007 AS FILE NO. 2007-0612802. O: \Legal_Descriptions\011014\Hilltop_Encroachment_A. Igl .doc LEGAL DESCRIPTION HILLTOP STREET DEDICATED PER CT 02-16, MAP 15608 RECORDED SEPT. 18, 2007 F/N 2007-0612802. LEGEND EXHIBIT 'C' ENCROACHMENTS SITE CITY OF VISTA EXISTING CURB & GUTTER RIGHT-OF-WAY LINE ENCROACHMENT AREA PACIFI OCEAN ARLSBAD VICINITY MAP NO SCALE 59JP V////A MAP 16682 or 04-26 304 10' PUBLIC PEDES ACCESS EASEMENT PER MAP 15608 U+51.15 W PUBLIC PEDESTRIAN ACCESS EASEMENT PER MAP 15608 R/* LOT 2 CT 02-18 MAP 15608 10+74,20 SCALE: 1" = 40' 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 CITY OF CARLSBAD EXHIBIT 'C' DATE: MARCH 26, 2009 SHEET 1 OF 1 SHEET APPLICANT: CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO, CA 92106(619) 794-1252 JEF gg EPARED BY: GEORGE OVAY/ f . ' RCE 32014, EXP. 12/31/10 CT 02-16 A.P.N. 168-360-05, 06, 168-370-82, 83 168-371-68, 69, 168-373-75 P.R. 09-08 u:\UTT014\U114rDUi.aWy tJUt\ 4A, ZUUs ILKiyam Xrefs 0114bmop: OIHbstr; Entry-Mon-Rev-Delta1; 0114gmap