HomeMy WebLinkAboutCT 02-24; Real Estate Collateral Management Co; 2004-0586679; Encroachment AgreementDOC # 2004-0586678
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
OFFICIAL RECORDS M DIEW COUNTY RECORDER'S OFFICE GREGORY J. SHITH, COUNTY RECORDER FEES: 0.00
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.:
PROJECT NO. & NAME: CT 02-24 CT02 - 20
213-112-05 & 06
-. -- Village of La Costa - Greens
PR 04-17
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 .I6 of the Carlsbad Municipal
Code.
1. The Property. 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 private underground storm water quality treatment units and appurtenant
facilities to remain in a portion of the easement to serve the water quality treatment requirements
for this Development. The encroachment consists of, but is not limited to vortechnics units, RCP
laterals, manhole lids, etc (refer to Exhibit "C" for plat describing the private underground storm
water quality treatment units). A plat showing the location of the encroachment is attached as
Exhibit "D" attached hereto and incorporated by reference. These private underground storm
water quality treatment units are constructed in accordance with the improvement plans on file
with the City Engineer as drawing numbers 397-2. 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. The private underground storm water quality treatment
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H./DEVELOPMENT SERVlCESllPROJECTSlCTOZ-ZZAGREEMENTS REV. 04-07-04
units and appurtenances are privately owned, operated and maintained.
b.
C.
d.
e.
f.
9.
The private underground storm water quality treatment units and
appurtenances shall be 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 all necessary regulatory fines if Owner/HOA fail to
maintain the private underground storm water quality treatment units and
appurtenances to ensure their effectiveness at removing pollutants-of-concern
from the 85’” percentile storm and meeting flow-based criteria set forth by the
Regional Water Quality Control Board.
Owner/HOA agree to maintain, repair, replace, reconstruct, or perform any
other necessary work to maintain the private underground storm water quality
treatment units and appurtenances 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 underground
storm water quality treatment units or after receiving written notification by the
City of Carlsbad, whichever occurs first, Owner/HOA shall replace or repair the
private underground storm water quality treatment units to a safe and
operational condition to the satisfaction of the City Engineer.
If Owner/HOA fail to maintain, repair, replace, reconstruct, or perform any other
necessary work to improve a non-operating or damaged private underground
storm water quality treatment units to a safe and operational condition in
accordance with the terms set forth above, the City shallhave the right, but not
the duty, to repair, replace or maintain the privatestorm water quality treatment
units 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/HOAs common property subject to
enforcement and foreclosure in accordance with California State law.
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 maintenance company and shall advise the City
Engineer, in writing, if any contact information changes regarding the private
streetlights maintenance company. A private storm water quality treatment unit
maintenance company performing the maintenancehepairs of these private
street lights shall not excuse any Owner/HOA obligations of terms set forth
herein.
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h.
i.
j.
k.
Owner/HOA shall obtain all necessary permits required to perform repair,
maintain, replace, or reconstruct the private underground storm water quality
treatment units and appurtenances in City right-of-way. 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 tothe
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 must remove or relocate any part of the encroachment within ninety (90)
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 Aareement. 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
Real Estate Collateral Management Co.
c/o Morrow Development, Inc.
Carlsbad, CA 92008
1903 Wright Place, Suite 180
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
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H:/DEVELOPMENT SERVICEWPROJECTSICT02-ZZAGREEMENTS REV. 04-07-04
or any other provision of the Agreement.
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.
7.
8. Capacity. Each party represents that the person@) 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 Gad day of &c; \ ,2odL(.
Public Works Director
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
HYDEVELOPMENT SERVICES//PROJECTSICTOZ-2Z/AGREEMENTS
4
REV. 04-07-04
State of Gathima . SLLrmu )
) County of Sa-Dsgo ccsri )
On AP n] 2Zc ,kN beforeme, hlifi4 (’- 4r-b 1
(Date) (Name, Title of Officer)
personally appeared /Gw 5cAdLf 1
(Name[s] of Signer[s])
personally known to me -QT. I \ (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
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
Signature of Notary
OFFICIAL SEAL
DIANA C MORENO
NOTARY PVBLIC. STAT€ OF ILLINOIS
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
H:IDEVELOPMENT SERVICESIIPROJECTSICTOZ-2Z/AGREEMENTS
5
REV. 040704
EXHIBIT “A”
BENEFITTED PROPERTY
Lot 3 1 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.
Lot 65 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.
WZ?,2604 . [4&5 filed in the Office of the County Recorder of San Diego County,
Lot 130 and Goldstone Road 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. 14807 filed in the Office of the County
Recorder of San Diego County, Wd 27.2004.
Sheet 1 of 1
EXHIBIT “B”
LEGAL DESCRIPTION OF CITY EASEMENT
UNDERLYING ENCROACHMENT
1. General Utility & Access Easement for public utility purposes within CT 99-03:
As dedicated on Map No. 14543.
2. Easement for public street and utility purposes within CT 02-24:
Goldstone Road
As dedicated on Map No. 1m7.
3. Drainage Easement for public utility purposes on Lot 65 of CT 02-20:
As dedicated on Map No. \4505.
4. Drainage Easement for public utility purposes on Lot 130 of CT 02-24:
As dedicated on Map No. \e07 .
Sheet 1 of 1
Exhibit "C"
m
(6) 3/4" DIA.
PERFORATIONS
MATERIAL: Gray CM confming io ASTM
A48, U 308 and "TO MI05
41
VORTECHS SYSTEM - 24" DIA. x 4" H MH FRAME AND COVER
AASHTO HS20-44 HIGHWAY LOADING
2m Enurprirr Drive
Scorhough. ME MW4 T& 207-88~-9.33
Fu:ZO7-885-9825
DATE 01/23/02 ISCILLE. NONE lNLENllMr 24uIPBL1D(DR4WNBY: MIF I CHECKEDBY: NOG
Sheet 1 of 2
L I Sheet 2 of 2
I' EXHIBIT D LOCATION OF ENCROACHME" MAP NO. ,=, (CT 02-24)
LOT 37
LOT 36
LOT 35
EXHIBIT D
WCATION OF ENCROACHMENT MAP NO. 14543 (CT 9s-OS) & MAP NO. (CT 02-24)
EXHIBIT D LOCATION OF FNCR0AC"T MAP NO. M-805 (CT 02-20)
LOT 28 MAP NO.
LOT 14
LOT 65
/
MAP NO. 14543 / /
/
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