HomeMy WebLinkAboutCT 02-21; Real Estate Collateral Management Co; 2004-0586680; Encroachment AgreementI)OC #I 2004-0586680
JUN 239 2004 4~25 PM
OFFICIEIL RECORDS SAN DIEGO COUNTY RECaRDER'S OFFICE GREGORY J. SMITH, CWTY RECI)KDER FEES: 0.00
RECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 223-110-08,10,12
213-111-01,08,09,12
213-112-12,15,18,
21 3-1 12-20'22'23'28
213-1 12-29,30
CT 02-21, CT 02-22 PROJECT NO. & NAME:
CT 02-23, CT 02-24, Village of La Costa Greens
PR 03-123 ~
RIGHT-OF-WAY PERMIT NO.:
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Real Estate Collateral Management Company, a
Delaware Corporation ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal
Code.
1. The ProDerty. Owner is the owner of that certain real property located in
Villages of La Costa - Greens, CT 99-03 (Development) within the City of Carlsbad, San Diego
County, California, and more particularly described in Exhibit "A', attached hereto and
incorporate herein by reference (the "Benefited Property").
2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public street and public utility purposes as dedicated on the final
subdivision tract maps and 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 non-City standard private streetlights and appurtenant facilities to remain in a
portion of the easement to serve the streetlight requirements for this Development. The
encroachment consists of, but is not limited to light poles, mast arms, concrete foundations,
luminaries, wiring, puli boxes, conduit, etc (refer to Exhibit "C" for plat describing the private
streetlight specifications). A plat showing the location of the encroachment is attached as
Exhibit "D" attached hereto and incorporated by reference. These private streetlights are
constructed in accordance with the improvement plans on file with the City Engineer as drawing
numbers 397-2, 397-2C, 397-2D, 397-2F, 400-8J, 406-3, 406-4, 406-5, 406-6, and 406-7. This
Agreement is subject to the following terms and conditions:
a. The encroachment shall be installed and maintained in a safe and sanitary
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condition at the sole cost, risk, and responsibility of the Owner and its
successors in interest. The streetlights and appurtenances are privately
owned, operated and maintained.
The private streetlights and appurtenances thereto shall be energized,
maintained, repaired and replaced pursuant to the terms of this Agreement at
the sole cost and expense of Owner initially, until transfer to the La Costa-
Greens Community Homeowner’s Association (“HOA”), or other successors-in-
interest (collectively “Owner/HOA) of the Benefited Property, which shall take
over all such obligations set forth in this Agreement.
Owner/HOA agree to pay San Diego Gas & Electric (SDG&E) directly for any
streetlight energy charges necessary to power all private streetlights covered
by this Agreement.
Owner/HOA agree to maintain, repair, re-energize, replace, reconstruct, or
perform any other necessary work to maintain the private streetlight in a safe
and operational condition to the satisfaction of the City Engineer. No less than
forty-eight (48) hours after Owner/HOA discovery of a non-operating or
damaged private streetlight or after receiving written notification by the City of
Carlsbad, whichever occurs first, Owner/HOA shall replace or repair the street
light to a safe and operational condition to the satisfaction of the City Engineer.
If Owner/HOA fail to maintain, repair, re-energize, replace, reconstruct, or
perform any other necessary work to improve a non-operating or damaged
private streetlight to a safe and operational condition in accordance with the
terms set forth above, the City shall have the right, but not the duty, to repair,
replace or maintain the private streetlights and appurtenances, for public safety
or for any other reason, and City shall have the right to recover all reasonable
costs in doing so, directly from the Owner/HOA, which if not paid within forty-
five (45) days of written receipt from the City, shall become a lien on the
Owner/HOA’s common property subject to enforcement and foreclosure in
accordance with California State law.
The Owner/HOA hereby agree, in the event that the Owner/HOA fail, at any
time to satisfy the terms of this Agreement which may consist of, but may not
be limited to failure to re-energize, maintain, repair, reconstruct, or replace the
streetlights and appurtenances pursuant to the terms set forth above, this lack
of action may be considered a breach of terms of this Agreement and, the City,
at it’s own discretion, may provide one (1) written notice to inform Owner/HOA
that the Lighting and Landscape District will take over responsibility of these
streetlights covered herein. Within 60-days after receipt of said notice, the
Lighting and Landscape District will take over responsibility and all property
owners within the Development and covered by the HOA will, hereinafter,
become annually assessed the current assessment rate as approved by City Council, consistent with the Landscape and Lighting District No. 2. The
streetlights, if maintained by the Lighting and Landscape District, may be
replaced by City-standard streetlights and not with ornamental streetlights
proposed in Exhibit C, since the City does not stock these non-standard
streetlights.
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The Owner/HOA hereby agree 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
encroachment 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.
Owner/HOA shall provide City Engineer with the name, telephone number and
address of its designated private streetlights maintenance company and shall
advise the City Engineer, in writing, if any contact information changes
regarding the private streetlights maintenance company. A private streetlights
maintenance company performing the maintenancelrepairs of these private
street lights shall not excuse any Owner/HOA obligations of terms set forth
herein.
Owner/HOA shall obtain all necessary permits required to perform repair,
maintain, re-energize, replace, or reconstruct the private streetlights in City
right-of-way. These permits include, but are not limited to right-of-way permits,
electrical permits, etc.
Owner/HOA shall provide proof of insurance prior to any work being performed
in the City right-of-way. The insurance requirements shall meet the minimum
qualifications as required by the right-of-way permit and the Municipal code, in
effect at the time the work is proposed pursuant to this Agreement. The City of
Carlsbad shall be listed as additionally insured on the insurance binder and
supported by the insurance endorsement.
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.
Nothing in this agreement is intended to, nor shall be construed to grant or
authorize the installation of any other facilities or equipment (including but not
limited to cellular communications, signage, or other facilities) other than the
streetlight and necessary appurtenances thereto specifically approved by the
City pursuant to this Agreement.
Owner/HOA shall ensure the private streetlights provide the standard lumens
and light coverage of the public road that a standard public streetlight provides.
Nothing in this agreement shall be construed to reduce the Carlsbad public
road standards required for safe vehicular travel.
Owner/HOA agree to replace all private streetlights covered under this
Agreement when the streetlight’s service-life is complete as determined by the
City Engineer. Owner/HOA shall replace the streetlight no less than 3 months
after receiving written notification by the City of Carlsbad that a streetlight(s) is
in need of replacement. If Owner/HOA fail to replace the streetlight(s), the City
shall have the right, but not the duty, to replace the private streetlight@). The
City shall have the right to recover all reasonable costs in doing so, directly
from the Owner/HOA, which if not paid within forty-five (45) days of written
receipt from the City, shall become a lien on the Owner/HOA’s common
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property subject to enforcement and foreclosure in accordance with California
State law.
Nothing in this Agreement shall excuse or exempt the Development from the
obligation to annex into the Citywide Street Light and Landscaping District in
accordance with its map conditions and requirements.
Owner must remove or relocate any part of the encroachment within thirty (30)
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.
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. 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:
Notices.
If to the City: If to the Owner:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
Real Estate Collateral Management Co.
do Morrow Development, Inc.
1903 Wright Place, Suite 180
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.
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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, this parties hereto have executed this Agreement on this
13% dayof &fiL ,2004 .
OWNER CITY OF CARLSBAD
By: By: -& wa
& LLOYD fHUBBgP.E. r Public Works Director
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
City Ahfngy
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State ofGaWw+a . =zUdUo)
1 CountyofSa-bgo &C )
On &kA7L /. rCirY before me, I
(Date) (Name, Title of Officer)
personally appeared I
(Name[s] of Signer[s])
personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
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his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the
person(s) acted, executed the instrument.
WITNESS my hand and official seal $ OFFICIAL S€Ac-’”3
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
HYDEVELOPMENT SERVICEWPROJECTSICTOZ-ZZ/AGREEMENTS
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EXHIBIT “A”
BENEFITTED PROPERTY
Lots 4,21,22,24,26,27,29,31,34,36,38,39,41,44,47,48 and 49 of Carlsbad Tract
99-03-01 at La Costa Greens, in the City of Carlsbad, County of San Diego, State of
California, according to the map thereof no. 14543 filed in the Office of the County
Recorder of San Diego County, February 12,2003.
Lots 65 through 69 inclusive, of Carlsbad Tract 02-20 at La Costa Greens Neighborhood
1.10, in the City of Carlsbad, County of San Diego, State of California, according to the
map thereof no. 14805 filed in the Office of the County Recorder of San Diego County,
~q27,2~4 .
Lots 37 through 41 inclusive, of Carlsbad Tract 02-21 at La Costa Greens Neighborhood
1.12, in the City of Carlsbad, County of San Diego, State of California, according to the
map thereof no. 1490b filed in the Office of the County Recorder of San Diego County, rA& 27,2004 . I
Lots 76 and 77 inclusive, of Carlsbad Tract 02-22 at La Costa Greens Neighborhood 1.9,
in the City of Carlsbad, County of San Diego, State of California, according to the map
thereof no. 14804 filed in the Office of the County Recorder of San Diego County,
E\hA\121.2004. .
Lots 83 through 88 inclusive, of Carlsbad Tract 02-23 at La Costa Greens Neighborhood
1.8, in the City of Carlsbad, County of San Diego, State of California, according to the
map thereof no. 14803 filed in the Office of the County Recorder of San Diego County,
bd 27.2~04 .
?
Lots 130 through 137 inclusive, of Carlsbad Tract 02-24 at La Costa Greens
Neighborhood 1.1 1, 1.13 & 1.14, in the City of Carlsbad, County of San Diego, State of
California, according to the map thereof no. \4807 filed in the Office of the County
Recorder of San Diego County, FAA~ 27, 2004 .
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Sheet 1 of 1
EXHIBIT “B”
LEGAL DESCRIPTION OF CITY EASEMENT
UNDERLYING ENCROACHMENT
1. Easement for public street and public utility purposes within CT 99-03:
Dove Lane
Estrella De Mar Road
Alicante Road
Galena Road
Goldstone Road
Tigereye Place
Lapis Road
Jade Lane
Amber Lane
As dedicated on Map No. 14543
2. Easement for public street and utility purposes within CT 02-23:
Lapis Road
Malachite Place
Obsidian Place
Onyx Place
Sardonyx Street
Vermarine Court
As dedicated on Map No. I4803
3. Easement for public street and utility purposes within CT 02-22:
Lapis Road
Jade Lane
Larimar Avenue
Leucite Place
Korite Place
As dedicated on Map No. 14804
4. Easement for public street and utility purposes within CT 02-20:
Citrine Drive
Helenite Place
Ivory Place
Tanzanite Drive
As dedicated on Map No. \486
Sheet 1 of2
EXHIBIT “B”
5. Easement for public street and utility purposes within CT 02-24:
Goldstone Road
Galena Avenue
Tigereye Place
Ammonite Place
Bixbite Place
Aventurine Place
Azurite Place
Copal Place
Carnelian Court
As dedicated on Map No. 14807
6. Easement for public street and utility purposes within CT 02-21 :
Amber Lane
Zodiac Street
As dedicated on Map. No. 1480b
Sheet 2 of 2
Exhibit "C"
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sun vaIley Exhibit "C"
LIGHTING
CAST ALUMINUM FINIAL SET SCREWS PROVIDED TO SECURE TO ARM The Lighting Tradition
ARM CENTER
TRHU BOLT PROVIDED ALIGNING BALL
TO PREVENT WINDMILLING
30" I
SPECIFICATIONS:
LUMINAIRE: HOUSING - HEAVY WALL CAST ALUMINUM CONSTRUCTION WITH REMOVABLE
REFLECTOR-HEAVY WALL ALUMINUM CONSTRUCTION. INSIDE OF REFLECTOR BALLAST TRAY FOR EASY BALLAST ACCESS.
FINISHED WITH HIGH GLOSS WHITE ENAMEL.
OPTICS: CLEAR PRISMATIC GLASS DIFFUSER PROVIDES TYPE V (SYMMETRIC) OR TYPE Ill
(ASYMMETRIC) LIGHT DISTRIBUTION. DIFFUSER SUPPLIED IN HINGED CAST
ALUMINUM GASKETED DOOR, AND A HOUSE SIDE SHIELD.
LAMP HOLDER: MOGUL BASE PORCELAIN.
LAMP: 100 W. H.P.S. (BY OTHERS)
BALLAST: H . P. F./C. W. A. AUTOTRANS FO RM ER , -20" START1 NG TEMPERATURE.
(SPECIFY VOLTAGE)
FINISH: ELECTROSTATICALLY APPLIED BAKED ON TEXTURED ACRYLIC ENAMEL.
(S P ECI FY COLOR. )
SCALE: 1" = 1'-0"
Sheet 2 of 2
EXHIBIT D LOCATION OF ENCROACHMENT MAP NO. 14603
EXHIBIT D LOCATION OF ENCROACHMENT MAP NO. 14804-
EXHIBIT D LOCATION OF ENCROACHMENT MAP NO. 14-805
EXHIBIT D LOCATION OF ENCROACHbIENT MAP NO. ,-,
EXHIBIT D LOCATION OF ENCROACHMENT MAP NO. 14-W
"SAKER & ASSOCIATES
SAM OlfCQ ImC
EXHIBIT D LOCATION OF ENCROAC-NT MAP NO. 14543
EXHIBIT D LOCATION OF ENCROACHMENT MAP NO. 14543
EXHIBIT D LOCATION OF ENCROACHMENT MAP NO. 14543
PUN
EXHIBIT D LOCATION OF ENCROACHhfENT MAP NO. 14543
CT 99-03
EXHJBIT D LOCATION OF ENCROACHMENT MAP NO. 14543
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