The URL can be used to link to this page

Home My WebLink AboutCT 04-26; Calavera Hills II LLC; 2008-0271504; Encroachment Agreementft 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 DQC# 2008-0271504 MAY 20, 2008 2:36 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 33.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 168-361-01-00 CT 04-26 Robertson Ranch PA 16,17,18 PR 07-128 RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Calavera Hills II, LLC ("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 Robertson Ranch East Village within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 168-361-01, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns existing easements over, under, and across Owner's property for public street and public utility purposes which easements are 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 enhanced pavement, private storm drains, private median curbs, median hardscape and median landscaping and irrigation, and soundwall to remain in a portion of the public street and public utility easements. 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. (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. 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: If to the Owner: City Engineer Calavera Hills II, LLC City of Carlsbad 2750 Womble Road 1635 Faraday Avenue San Diego, CA 92106 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. 8. 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 2.6-et^ day of 3T\r/^/w* 20 OS . OWNER Calavera Hills II, LLC a California limited liability company BY: McMillin Companies, LLC, a Delaware limited liability company, It's Manager By: (Sign Here) Brian Milich, Senior Vice President (Print Name Here) Bv: (Sign^ere) Don Mitchell, Senior Vice President (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney BV: Deputy City Attorney CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT personally appeared Name(s) of Signer(s) GUADALUPEV.LEANO Cornrnfcston* 1539808 Notary Public - CaDfomta San Diego County My Comm. Expires Dec 31.20081 who proved to me on the basis of satisfactory evidence to be the personfsptohose name^sjHa^ire^ubscribed to the within instrument and acknowledged to me that ited the same in W»'hej|?ln^i?)iuthorized capacityliesjjjand that by Ne/Ne*^^ir^ignaTuf^^on the instrument the persoK(§J) or the entity upon oehalf of which the persor^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. Place Notary Seal Above WITNESS my Signature OPTIONAL - official seal. Notary Public 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: Capacity(ies) Claimed by Signer(s) Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Top of thumb here Signer Is Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thurnb here O2007Natlonal Notary Associatton'9350D9SotoAve.,RO.Box24O2'Chatsvrarth,CA 91313-2402-www.NationalNotary.org Item »5907 Reorder: Call ToH-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me. Date personally appeared Here Insert Name a , d Title of tthe Officer Name(s) of Signer(si tOWLf Y t Commmion(M773S34 I Notary toMc-Cottfomici i tan 0*00 County who proved to me on the basis of satisfactory evidence to be the personj#T whose name(sf is/ape^subscribed to the within instrument and acknowledged to me that he/sjje'/the/executed the same in his/hprftbelr authorized capacity(ie^), and that by his/he*fthieif signature.(#f on the instrument the person^ or 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. WITNESS my hand and official seal. ~JL> Place Notary Seal ADove Signature OPTIONAL - Signature o* Notarv puD! 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: BVA<->~C^ c^U /Y^-^t ^frv'-"- ^-v^-^-fr °* * [ <2^-o y Number of Pages: 3 "t- ^Document Date: - Signer(s) Other Than Named Above: Capacity(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: Signer's Name: Individual Corporate Officer — Title(s): RIGHT THUMBPRINT OF SIGNER Partner — Limited General Attorney in Fact Trustee Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER ' Signer Is Representing: i,i>2007 National Notary Association • 9350 De Soto Ave. PO Box 2402 •Chatsworth. CA 91313-2402 •uww.NationalNotarv.org Item »590T Reorder Call Tolt-Free 1-800-876-6827 EXHIBIT "A" ENCROACHMENT AGREEMENT PR 07-128 LOTS 305 THROUGH 331 INCLUSIVE OF MAP NO.igfafeZ IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON 4/11/03 AS FILE NO. 2008-0152371 OF OFFICIAL RECORDS. EXHIBIT "B" ENCROACHMENT AGREEMENT PR 07-128 FOUR PEAKS STREET, BUCK RIDGE AVENUE, NORTH FORK AVENUE, ALANDER COURT, PERALTA STREET, CASCADE STREET, MASTODON COURT, OCALA WAY, BERGEN PEAK PLACE, RAMSEY WAY, AND ARAPAHO PLACE, ALONG WITH THE GENERAL UTILITY EASEMENT ACROSS PORTIONS OF LOT 290 AND LOT 311, ALL AS SHOWN ON MAP (5602. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON 4/M/frS AS FILE NO. OF OFFICIAL RECORDS. l 1111 Lra' ' v CONSULT 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 LEGEND EXISTING BOUNDARY (R1) ENHANCED PAVEMENT ENCROACHMENT PER IMPROVEMENT PLAN DWG. NO. 453-8 (R2) PRIVATE STORM DRAIN ENCROACHMENT PER GRADING PLAN DWG. NO. 453-8A (R3) MEDIAN CURBS, HARDSCAPE, LANDSCAPING AND IRRIGATION ENCROACHMENT PER LANDSCAPE PLAN DWG. NO. 453-8L SCALE: 1" = 300' ENCROACHMENT AGREEMENT - CITY OF CARLSBAD EXHIBIT 'C DATE: DEC, 2007 SHEET 2 OF 3 SHEETS APPLICANT/OWNER: CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO. CA 92106 (619) 794-1252 ROBERTSON RANCH PA 16, 17, 18 C.T. 04-26 A.PN. 168-361-01 P.R. 07-128 G:\011014\01HGP-ENC02.dwg Jan 18, 2008 10:37am Xrefs: OIHgmap; 0114BMAP; 0114GUTL; 0114GSTR; 0114GSIT; 0114BUTL EXHIBIT 'C1 SCALE: 1" = 300' &EM7PXZ UTILITY EASEMENT PER FINAL MAP SOUNDWALL & LANDSCAPING ENCROACHMENT PER LANDSCAPE PLAN DWG. NO. 453-8L CONSULT A^NTS 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 LEGEND EXISTING BOUNDARY (R1) ENHANCED PAVEMENT ENCROACHMENT PER IMPROVEMENT PLAN DWG. NO. 453-8 (R2) PRIVATE STORM DRAIN ENCROACHMENT PER GRADING PLAN DWG. NO. 453-8A (R3) MEDIAN CURBS, HARDSCAPE, LANDSCAPING AND IRRIGATION ENCROACHMENT PER LANDSCAPE PLAN DWG. NO. 453-8L ENCROACHMENT AGREEMENT - CITY OF CARLSBAD EXHIBIT 'C' DATE: DEC, 2007 SHEET 3 OF 3 SHEETS APPLICANT/OWNER: CALAVERA HILLS II, LLC 2750 WOMBLE ROAD SAN DIEGO. CA 92106 (619) 794-1252 ROBERTSON RANCH PA 16, 17, 18 C.T. 04-26 A.P.N. 168-361-01 P.R. 07-128 G:\011014\0114GP-ENC02.dwg Jan 18, 2008 10:37am Xrefs: OIHgmap; 0114BMAP; 01HGUTL; 0114GSTR; 0114GSIT; 0114BUTL