HomeMy WebLinkAboutCT 02-20; Wave Crest Resorts LLC; 2004-0586676; Encroachment AgreementDOC # 2004-0586676
JUN 23, 2004 4:25 PPI
OFFICICY REcMU)s SAN DIEGO CW RECORDER'S OFFICE GaGORY J. SMITH, MWNTY REClNm __ FEES: 0.00
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 203-101-33-00
PROJECT NO. & NAME: PR 04-39
LAGUNA POINT CONDOMINIUMS ~
~
RIGHT-OF-WAY PERMIT NO.:
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Wave Crest Resorts II LLC, A California Limited Liability
Company ("Owner"), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code.
1. The Property. Owner is the owner of that certain real property located at 539
Laguna Drive, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
Number 203-101-33 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 general 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 an 18" storm drainpipe to remain in a portion of the Public Right-of-way
Street 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.
(6) 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 SERVICESlMASTERSlAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002
(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
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
Wave Crest Resorts 11, LLC
829 2nd Street, Suitc A
Encinitas CA 92024
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 Assims. 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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HYDEVELOPMENT SERVlCESlMASTERSlAGREEMENTS. OTHERENCROACHMENT AGREEMENT REV. 07/15/2002
a. 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, this parties hereto have executed this Agreement on this 7 ZfM day of 3 &#K ,20&*/.
OWNER: Wave Crest Resorts II LLC, A CITY OF CARLSBAD
California Limited bility Company
By:
p- LLOYD B.%UBBS,#E.
By:
William L. CaXepa
Public Works Director
President, Three Seas Enterprises Inc. As
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
3 I H:IDEVELOPMEi.IT SERVlCESNASTERSlAGREEMENTS, OTHEWENCROACHMENT AGREEMENT REV. 07/15/2002
State of California 1
)
County of San Diego )
, (Name, Title of Officer)
On Tk$h before me,
personally appeared cd 1
(Name[s] of Signer[s]) f
y-.
) to be personally known to me - OR- (-
the person($ whose name($) is/aa subscribed to the within instrument and acknowledged to
me that he/- executed the same in his/kehWteir authorized capacityw, and that by
hislknrl)krur * signaturem on the instrument the persono, or entity upon behalf of which the
1
persong) acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
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H:IDEVELOPMENT SERVICESIMASTERSIAGREEMENTS, OTHEWENCROACHMENT AGREEMEN1 REV. 12/24/97
EXHIBIT 'A'
PROPERTY LEGAL DESCRIPTION
LOT 1 OF LAGUNA POINT CONDOMINIUMS, ACCORDING TO MAP THEREOF NO.
14797, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO AS FILE/PAGE NO. 2004-0446317 OF OFFICIAL RECORDS.
Page 1 of 1
EXHIBIT 'B'
LEGAL DESCRIPTION
OF PUBLIC RIGHT-OF-WAY
BEING A PORTION OF STATE STREET PUBLIC RIGHT-OF-WAY, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
Page 1 of 1
I ENCROACHMENT I EXHIBIT %'
PRIVAJE STckpM DRAIN PfPE LEGAL DESCRIPTION
LOT 1 LFUWNA PUNT MAP WERELF NO. 1479i:
CITY OF OCEANslDEA 8 NOTE: REFER TO DW 409-9A
ON FiLE WlTH THE CITY OF
CARLSBAD FOR FURTHER I
INFORMATION ON DESIGN OF
SAID ENCROACHMENT
159389 Bemardo Center Drive San Diego, CA. 92127
Ph. (858) 3 76-3444 VICINITY MAP \\\ ' Fax.' (858) 376-3555 NOT TO SCALE iZWRA-l.dwg 5-2744 1014&24 om ET
LAGUNA POINT CONDOMINIUMS I PR04-39