HomeMy WebLinkAboutCT 04-15; Real Estate Collateral Management Company; 2005-0721910; Encroachment AgreementRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
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AUG22,2005 459 PM
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SAN DIEGO CUUNT'Y RECUFIDER'S OFFICE ci R E I> 0 RY ,J. SMITH, CO U N T'I.' RE 110 R D E H FEES. 0. nu
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SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 213-110-05,06,13
PROJECT NO. & NAME: CT 04-15
~ ~~ ~ ~~ Village of La Costa - Greens
PR 05-49
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 1 I. 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 particulariy 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 "8" 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 CDS
stormwater treatment units, 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 427-6. 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
units and appurtenances are privately owned, operated and maintained.
1 HYDEVELOPMENT SERVICES//PROJECTS/CT02-22/AGREEMENTS REV. 04-07-04
b.
C.
d.
e.
f.
g-
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‘h 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 shall have the right, but not
the duty, to repair, replace or maintain the private underground storm 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/HOA’s 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 maintenance company
performing the maintenancehepairs of these private street lights shall not
excuse Owner/HOA of the obligations and terms set forth herein.
HYDEVELOPMENT SERVICESI/PROJECTWCT02-22/AGREEMENTS
2
REV. 04-07-04
h.
i.
j.
k.
OwnerlHOA 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 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 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 Asreement. 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.
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 Assiqns. This Agreement shall be binding and inure to the
3
HYDEVELOPMENT SERVICESIIPROJECTS/CT02-22/AGREEMENTS REV. 04-07-04
ienefit 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
he property, but any failure to do so does not invalidate this provision.
8. Capacitv. Each party represents that the person(s) executing this Agreement on
iehalf of such party have the authority to execute this Agreement and by such signature(s)
hereby bind such party.
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this
5 day of AUiS@$T ,200g.
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
HYDEVELOPMENT SERVICES//PROJECTS/CTOZ-ZZAGREEMENTS 4
REV. 04-07-04
STATE OF ILLINOIS
COUNTY OF COOK ss.
on -$+ / ,2005 before me, Diana C. Moreno, Notary Public,
PERSONALLY APPEARED Fred Schimel personally known to me to
be the person whose name is subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity and that by his signature on the
instrument the entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Diana C. Moreno-
OFFICIAL SEAL
DIANA C MORENO
NOTARY PUBLIC, STATE OF ILLlNOlI MY COMMISSION EXfWES: 10104/05
EXHIBIT “A”
BENEFITTED PROPERTY
Lots 72,75 and 78 inclusive of Carlsbad Tract 04- 15 at La Costa Greens Neighborhood
1.04 and 1.07, in the City of Carlsbad, County of San Diego, State of California,
according to the map thereof no. I5053filed in the Office of the County Recorder of
San Diego County, Ti&,, 27,7- . I I
Sheet 1 of 1
EXHIBIT “B”
LEGAL DESCRIPTION OF CITY EASEMENT
UNDERLYING ENCROACHMENT
1. Easement for public street and utility purposes within CT 99-03:
Quartz Way
As dedicated on Map No. 14543.
2. Easement for public street and utility purposes within CT 04-15:
Quartz Way
Mica Road
As dedicated on Map No. 1505% .
Sheet 1 of 1
Ex h i bit "C "
1 CDS JOB # CA/SD - 05 - 007
INLET PIPE OtJTLEr PIPE
(SIZE 6c Mn) (SIZE & Mn)
10'-0' ID CONC. 30% MH WE
TOP PLAN VIEW
CDS MODEL PMSU40-30-10 - 4.5 CFS TREAMENT CAPACITY
STORM WATER TREATMENT UNIT
Sheet 1 of 4
Ex hi bit "C"
mSrn
PATFNTFn e TECHNOLOGIES
1 CDS JOB # CA/SD - 05 - 007
DATE SCALE
DRAW YnT
4/14/05 NTS SE BASIN
LA COSTA GREENS PA 1.07
CARLSBAD, CA 2 TP J
APPROV .
FlNlSHED GRADE EL
u8xJToRugQwE
Rim AS hEmsARl 120.67
24% AND 30% MH CMRS & FRAMES
t
t4QT.L
28 LBS. OF 2.25' DIAMETER x 12' WNC RUBBERIZER OIL SORBENT BOOMS SHALL BE SUPWED BY HAZ MAT RESPONSE TECHNOLOGIES. INC. CONTACT: (800) 542-3036
ELEVATION VIEW
CDS MODEL PMSU40-30-10 - 4.5 CFS TREATMENT CAPACITY
STORM WATER TREATMENT UNIT
Sheet 2 of 4
Ex hi bit "C "
CDS JOB # CA/SD - 05 - 007
(SIZE 8 wn) (SIZE 6r wn)
10'-0" ID COW.
TOP PLAN VIEW
CDS MODEL PMSU40-40-10 - 6.0 CFS TREAMENT CAPACITY
STORM WATER TREATMENT UNIT
HNOLOGIES
Sheet 3 of 4
Exhibit "C"
I CDS JOB # CA/SD - 05 - 007
Q RISER
I =-
1 I
I
tU2.E 28 LBS. OF 2.25' DULETER x 12' u)Nc RUBBERIZER OIL SORBENT BOOMS SHALL BE
SUPWED By HAZ MAT RESPONSE TECHNOLOGIES. INC. CONTACT: (800) 542-5036
ELEVATION VIEW
STORM WATER TREATMENT UNIT
CDS MODEL PMSU40-40-10 - 6.0 CFS TREATMENT CAPACIW
TECHNOLOGIES
Sheet 4 of 4
EXHIBIT D
LOCATION OF ENCROACHMENT
MAP NO. f5053 (CT 04-15)
CT 04- 15
CT 04-15
EXHIBIT D
LOCATION OF ENCROACHMENT MAP NO. 15053 (CT 04-15)
>-A --
LOT 77
LOT 1
CT 04- 15