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Home My WebLink AboutCT 03-02; Carlsbad Ranch Company LP; 2006-0311807; Encroachment Agreement?XEDAT ™E REQUEST OFCHICAGO TITLE COMWVNV 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 ft. DOC# 2006-0311807 MAY 03, 2006 12:36 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH, COUNTY RECORDER FEES: 32.00 PAGES: 9 9137 2006-0311807 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Carlsbad Ranch Resort, PR 06-06 211-023-13-00 CT 03-02 Offsite private storm drain encroachment RIGHT-OF-WAY PERMIT NO.: ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Carlsbad Ranch Company, L.P., a California limited partnership ("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 Carlsbad Ranch Lot 5, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 211-023-13-00, 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 the private storm drain per Drawing No. 428-9A to remain in a portion of the bike lane and trail 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. (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. Rev11-2005.doc REV. 011/18/2005 9138 incorporated herein by this 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 Owner of Lot 17 and its successors in interest. (B) Owner of Lot 17 shall agree at all times to indemnify and hold the City and Owner of Lot 5 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) Owner of Lot 17 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 Lot 17. (D) Whatever rights and obligations were acquired by the City with respect to the City's 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. 6. 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. 7. 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 Owner of Lot 17: If to Owner of Lot 5: City Engineer Grand Pacific Carlsbad, L.P. Carlsbad Ranch Company, LP. City of Carlsbad 5900 Pasteur Ct., Ste. 200 5600 Avenida Encinas, Ste. 100 1635 Faraday Avenue Carlsbad, CA 92008 Carlsbad, CA 92008 Carlsbad CA 92008 Attn: Tim Stripe Attn: Christopher C. Calkins which addresses may be changed from time to time by providing notice to the other parties in the manner described above. 8. Waiver. City's consent to or approval of any act or omission by Owner of Lot 5 and/or Owner of Lot 17 shall not constitute a waiver of any other default by Owner of Lot 5 and/or Owner of Lot 17 and shall not be deemed a waiver or render unnecessary City's consent for approval to any subsequent act by Owner of Lot 5 or Owner of Lot 17. 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. 9. Successors and Assigns. This Agreement shall be binding and inure to the benefit C:\DOCUME~1\jalta\LOCALS~1\Temp\ENCROACHMENT AGREEMENT Rev (2).doc REV 011/18/2005 9139 of the parties hereto and their respective legal representatives, successors, and assigns. Owner of Lot 5 and Owner of Lot 17 agree to incorporate this Agreement by reference in any subsequent deeds to Lot 5 or Lot 17 respectively, but any failure to do so does not invalidate this provision. 10. 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 15**day of OWNER of Lot 5 Carlsbad Ranch Company, L.P., a California limited partnership By: Carltas Company, a California limited partnership Its: General Partner By: Carltas Management, a California corporation Its: General CITY OF CARLSBAD _ By: GLENN PRUIM, Public Works Director OWNER of Lot 17 Preent Grand Pacific Carlsbad, L.P., a California limited partnership By: Grand Pacific Development, h; Its: Gen Timothy J. Stri APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy Citf Attorney C:\DOCUME~1\jalta\LOCALS~1\Temp\ENCROACHMENTAGREEMENT Rev (2).doc REV 011/18/2005 9140 State of California County of San Diego On )fru/vK \S 1QO\f before me, y\Qr\^ &. (Date) (Name, Title of Officer) /x, ' personally appeared C. (Name[s] of Signer[s]) personally known to me - OR- (or proved 4<-b *sati3faet(to be the person(e) whose namefs) is/afe subscribed to the within instrument and acknowledged to me that he/sho/thoy executed the same in his/hor/thotr authorized capacity^iee), and that by his/hor/thoir signature^ on the instrument the person(e), or entity upon behalf of which the person^*) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary Comn*Hon# 1425119 Notary Pubic-CoWomta San Diego County MyComm.Exr*MJuM6. (This area for official notary seal) Title or Type of Document, Date of Document Signer(s) other than named above. No. of Pages C:\DOCUME~1\jalta\LOCALS~1\Temp\ENCROACHMENTAGREEMENT Rev (2).doc REV. 011/18/2005 9141 State of California County of San Diego (Date) personally appeared ipaToolfbefore me, L. ) /M-.(NameSJfitle of Qfficer) \w\ Cyr*\AJi O • (Name[s] of Signer[Jj|) personally known to me - OR- (er proved to mo on the basis of &atisfacluiy evidence) to be the person^ whose namejX) is/ajje7 subscribed to the within instrument and acknowledged to me that he/sfo4/tbfey executed the same in his/hi^r/thfeir authorized capacity(j^), and that by his/h^r/th^ir signature^ on the instrument the personpif), or entity upon behalf of which the persontetf acted, executed the instrument. ^ ^ ^ ^^^^^^^^^ 4 rfgE^. ELIZABETHS. QUINETTE I 1 ^TJlSk Commission *13B2444 I WITNESS my hand and official seal Signatu>of NoJafy ELIZABETHS. QUINETTE Commission # 1362444 Notary Public-CaBfomia San Diego County My Comm. Expirw Jun 25,2006 .P- I (This area for official notary seal) Title or Type of Document, Date of Document Signer(s) other than named above. No. of Pages C:\DOCUME~1\jalta\LOCALS~1\Temp\ENCROACHMENTAGREEMENT Rev (2).<toc REV. 011/18/2005 9142 EXHIBIT PR06-06 LEGAL DESCRIPTION A.P.N. 211-023-13 LOT 5 OF CARLSBAD TRACT NO. 94-09, UNIT 1, ACCORDING TO MAP NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER, ON SEPTEMBER 11, 1996, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NUMBER 1996-0463214. 9143 EXHIBIT <B' PR06-06 LEGAL DESCRIPTION EXISTING BIKE LANE AND TRAIL EASEMENT A.P.N. 211-023-13 AN EXISTING 27 FOOT WIDE BIKE LANE AND TRAIL PURPOSES EASEMENT OVER, UNDER AND ACROSS LOT 5 OF CARLSBAD TRACT NO. 94-09, UNIT 1, ACCORDING TO MAP NO. 13357, FILED IN THE OFFICE OF THE COUNTY RECORDER, ON SEPTEMBER 11, 1996, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NUMBER 1996-0463214. 9144 EXHIBIT <C' PR06-06 LEGAL DESCRIPTION A.P.N. 211-100-14 LOT 17 OF CARLSBAD TRACT NO. 94-09, UNITS 2 & 3, ACCORDING TO MAP NO. 13408, FILED IN THE OFFICE OF THE COUNTY RECORDER, ON APRIL 1, 1997, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS FILE NUMBER 1997-147754. 9145 ct: o:o oco I- h- <CO CO LJ ?