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HomeMy WebLinkAboutCT 04-10A; Shea Homes Inc; 2012-0202559; Encroachment AgreementRECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC IIIIIII 2012-0202559 llll APR 06, 2012 12:53 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 48.00 8189 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO. PROJECT ID PROJECT NAME RELATED PROJECT ID RELATED PROJECT ID (2, 215-020-23 CT 04-10(A) Poinsettia Place PR 11-37 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Shea Homes, lnc.("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at the southeast corner of Poinsettia Lane and Cassia Road in the City of Carisbad, San Diego County, California, Assessor's Parcel Number 215-020-23 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 generat utility and 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 concrete cross gutter and enhanced pavement to remain in a portion of said 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 responsibitity 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) ioss or damages to property and (2) injury to or death of persons. 12 Q:\CED\LanclDev\PROJECTS\GT\CT 04\CT 04-1 OA Poinsettia Piace - Bobbett\PR 11-37\PR 11-37 Encroachment Agreement Enhanced Pavement 102611.doc (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. 8190 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: City Engineer City of Carisbad 1635 Faraday Avenue Carisbad CA 92008 If to the Owner: Shea Homes, Inc. 9990 Mesa Rim road San Diego CA92130 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 shalt not constitute a waiver of any other default by Owner and shalt 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 Assiqns. 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. /// /// /// /// /// Q:\CED\LandDev\PROJECTS\CT\CT 04\CT 04-1 OA Poinsettia Place - Bobbett\PR 11-37\PR 11-37 Encroachment Agreement Enhanced Pavement 102611.doc 8191 8. Capacitv. Each party represents that the person(s) executing this Agreement on behalf of such party have ttie 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 14 day of DPr. , 20 tl . OWNER (Sign Here) (Print Name Here) CITY OF CARLSBAD, a municipal corporation of the State of California GLEN K. VAN PESKI, City Engineer 8801 Exp. 12/31/2012 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorn^|y Q:\CED\LandDev\PROJECTS\CT\CT 04\CT 04-lOA Poinsettia Place - Bobbett\PR 11-37\PR 11-37 Encroachment Agreement Enhanced Pavement102611.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 8192 State of California } County ofi^pn yyj-n^h On WMet(^i M before me'^h/^ idOPT^WA , K/l^HA Tubl l>. nato ' ^ iH^ref Insert Name and litle of the Officer personally appeared Name(s) of Slgner(s) bA^a.i - ' (I m * t RANA KHOURY CofTifDission # 1916985 Notary Public - California ^ San Diego County 5 My Comtn. Expires nnr 13, 20141 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i»are subscribed to the within instrument and acknowledged to me that Mb\ lu/lhey executed the same in hie/l^thelr authorized capaclty(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 Signatu 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: Capaclty(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer —Title(s): • Partner— • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUIVIBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 •Chatswortfi, CA 91313-2402• www.NationalNotary.org Item #5907 Reorder: CallToll-Ree 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 04\CT 04-lOA Poinsettia Place - Bobbett\PR 11-37\PR 11-37 Encroachment Agreement Enhanced Pavement102611.doc 8193 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califomia County of } On \AX^ • \3 . before Date personally appeared me, Here Insert Name and Title eof tt* Officer Name(s) of Signer{s) TERIE L. ROWLEY Committioii # 1952691 I Sao Dif90 County ^ 1 M,C«m».iMI».0et15.20ls| who proved to me on the basis of satisfactory evidence to be the person(9^whose name(^ is/aj;^subscribed to the within instrument and acknowledged to me that he/s!>e^l}0^executed the same in his/h^f/th^ authorized capacity(ipisj, and that by his/l)€jf/tl)^rf'r signature(^ on the instrument the personj^, pr the entity upon behalf of which the person^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. Place Notary Seal Above WITNESS my hand and official seal. Signature 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: O^^-^**-* Document Date: Number Signer(s) Other Than Named Above: of Pages: ^ 4-TOL^UIXQ -*vy^)^y\f^ Capacity(ies) Ciaimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title{s): • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Umited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Nolary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 8194 EXHIBIT "A" PR 11-37 BENEFITTED PROPERTY Lot 1 of Carlsbad Tract 04-10(A), Poinsettia Place, in the City of Cartsbad, County of San Diego, State of California, according to the map thereof No. /5^0<^ ^ filed in the Office of the County Recorder of San Diego County, /^i^^Cfi ^^j.^^/Z 8195 EXHIBIT "B" PR 11-37 DESCRIPTION OF CITY EASEMENT UNDERLYING ENCROACHMENT Generat Utility and Access Easement for pubtic utility purposes over a portion of Lot 1 of Carlsbad Tract 04-10(A), Poinsettia Place, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No.. _ filed in the Office of the County Recorder of San Diego County, /^^J^^// VICINITY MAP CITY OF OCEANSIDE POINSETTIA PLACE CT 04-10(A) PR 11-37 CASSIA ROAD N.TS. 9 PANGAEA. LAND LUN Mi I I AN I ^. iHi. 00 CO ENHANCED PAVEMENT ENCROACHMENT EXHIBIT 'C Page 1 of 5 POINSETTIA PLACE CT 04-10(A) PR 11-37 8198 N.T.S. PANGAEA LAND CONSULTANTS, INC. ENHANCED PAVEMENT ENCROACHMENT EXHIBIT 'C Page 2 of 4 POINSETTIA PLACE CT 04-10(A) PR 11-37 8199 n P3 DQ. GENERAL UTILITY AND ACCESS EASEMENT PER MAP /5^/ DGL n r) ^ENCROACHMENT, ^PERMEABLE PAVERS PER DWG 469-5C, SHEET 5 on b 50 FAIRLEAD AVENUE (PRIVATE) ^,,5, 18+00 P3 n DGL GENERAL UTILITY AND ACCESS EASEMENT PER MAP /^^/ DGL ENCROACHMENT, PERMEABLE PAVERS PER DWG Or) ^^469-JC^HEET 5 | 14+00 FAIRLEAD AVENUE (PRIVATE) NT.S. PANGAEA LAND CONSULTANTS, INC. ENHANCED PAVEMENT ENCROACHMENT EXHIBIT 'C Page 3 of 4 POINSETTIA PLACE CT 04-10(A) PR 11-37 8200 N.TS. PANGAEA LAND CONSULTANTS, INC. ENHANCED PAVEMENT ENCROACHMENT EXHIBIT 'C Page 4 of 4