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HomeMy WebLinkAboutCT 04-26; Calavera Hills II LLC; 2008-0514922; Encroachment AgreementDOC# 2008-0514922 RECORDING REQUEST BY CITY OF CARLSBAD AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, California 92008 MAIL TAX STATEMENT TO: EXEMPT Fs \o?SEP 30, 2008 11:29 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 36.00 PAGES:10 Space above this line for Recorder's use. ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC RIGHT OF WAY Assessor's Parcel No. 168-361-01-00 Project No. & Name Robertson Ranch PA 16,17,18 CT 04-26 PR 07-127 This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CARLSBAD MUNICIPAL WATER DISTRICT ("District"), and Calavera Hills II, LLC, ("Owner"). 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 incorporated herein by reference. 2. The Easement. District currently owns an existing easement over, under, and across Owner's property for waterline purposes which easement is described in Exhibit "B" attached hereto and incorporated by reference. 3. The Encroachment. District hereby covenants and agrees and grants its permission to Owner to construct and maintain landscaping, irrigation and a masonry sound wall. 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. H:/Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev.06/14/95 4732 (B) The Owner shall agree at all times to indemnify and hold the District 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 of 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 District Engineer or the District Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the property; and Owner shall provide a security bond in a mutually agreed upon amount equal to the estimated cost of the work of removing the encroachment for the term of the encroachment. (E) The Owner shall maintain a policy of liability insurance in an amount of at least one million dollars ($1,000,000) naming the District as an additional insured in order to protect the District from any potential claims which may arise from the encroachment. 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 District: Mark Stone, Deputy Public Works Director Carlsbad Municipal Water District 5950 El Camino Real Carlsbad, California 92008 If to the Owner: Calavera Hills II, LLC 2750 Womble Road San Diego, CA 92106 which addresses may be changed from time to time by providing notice to the party in the manner described above. 6. Waiver. District's consent to or approval of any act or omission by the Owner shall not constitute a waiver of any other default by Owner and shall not be deemed a waiver or render unnecessary District's consent for approval to any subsequent act of Owner. Any waiver by District of any default concerning the same or any other provision of the Agreement. H:/Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Rev. 06/14/95 4733 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 deed 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, the parties hereto have executed this Agreement on this ^-&f=^L^. day of _, 20 0% . DISTRICT: CARLSBAD MUNICIPAL WATER DISTRICT, OWNER: Calavera Hills II, LLC, a California limited liability company BY: McMillin Companies, LLC, a Delaware limited liability company, It's Manager (name of owner . yl ( By: By: (sign here)— Brian Milich, Senior Vice President (title of signatory) Lldb HiKsabrand;, Executive Manager ATTEST: By: RRAINE/M. WOQO;Secretary oard of Dfoectors By: (sio/t here) Don Mitchell, Senior Vice President (title of signatory) APPROVED AS TO FORM: RONALD R. BALL, General Counsel (Notarial acknowledgement of execution of Owner must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant secretary must sign for corporations. If only officer signs, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute the instrument.) H:/Development Services/Masters/Agreements, Other/Encroachment Agreement For Use With Structures Built Over Public ROW Re\.-.06/14/95 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 4734 State of California County of before me, personally appeared » M>ii(l>\ r>r>4a-»-y Officrfr•Here Insert Name and Title of the T>c>y> M.- Name(s) of Signer(s) GOADALUPEV1MNU Commission #1539808 Notcny Public- California , San Diego County MM comm. Expires Dec 31.2008| who proved to me on the basis Of satisfactory evidence to be the persor{{s})whose nam^spia^rg)subscribed to the within instrument and acknowledged to me that Teyjpxecuted the same in his/her$hejf)authorized capacity^sj) and that by Ns/be^heir)signaTlii^^ on the instrument the person^ or the entity upon behalf of which the persomj^^cted, 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 ha Place Notary Seal Above 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: 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 — CD Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHTTHUMBPRINT OF SIGNER 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:. RIGHTTHUMBPRINT OF SIGNER Top of thumb here O2007 National Notary Association • 9350 De Soto Ave., P.O. Box ?402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item *5907 Reorder:GallToll-Free 1 -800-876-6827 4735 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of S/V-H On Date personally appeared before me, jAwne.S ^M e and TileHere Insert Name and Tile Af the Officer Name(s) of Signer(s) Itowuv ComnriMlon * 1773894 NotafyPuMto-CoHtomlo I Son Otago County who proved to me on the basis of satisfactory evidence to be the person^ whose name$f is/are* subscribed to the within instrument and acknowledged to me that he/s>re?they executed the same in his/tigf/thpif- authorized capacity (ie^), and that by his/hgf/th^fr signature^ 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. Place Notary Seal Above Signature. OPTIONAL - Signature of Notary Public c 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: lDocument Date:Number of Pages: 3_ 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: _ RIGHTTHUMBPRINT OF SIGNER 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 n Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402• www.NationalNotary.org Item ORIGINAL 4736 LOT 311 OF MAP NO. EXHIBIT "A" ENCROACHMENT AGREEMENT PR 07-127 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 *|/»/Q% AS FILE NO. 2008-0^2971 OF OFFICIAL RECORDS. "^ EXHIBIT "B" ENCROACHMENT AGREEMENT PR 07-127 4737 A PORTION OF A WATERLINE EASEMENT IN FAVOR OF C.M.W.D., PR 07-119, OVER A PORTION OF LOT 311 OF MAP NO. lgfe>&2 , 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 llfloft AS FILE NO .ItoWflZWl OF OFFICIAL RECORDS EXHIBIT 'C' 4738 arr OF oc&wsee CITY OF SMMA/KOS PACIFIC OCEAN CITY OF ENONITAS VICINITY MAP NO SCALE LEGAL DESCRIPTION WATER HAIHtEASEMENT IN FAVOR OF C.M.W.D., PR 07-119 REC. 4/Uloa AS F/H 2ooS-Q\WPV2. O.R. ACROSS OF LOT 311, CT 04-26 BASIS OP BEARINGS THE BASIS OF BEARINGS FOR THIS HAP IS THE WESTERLY LINE OF LOT 10 PER HAP 15608, I.E. S 01'42'35" W 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 EXISTING EASEMENTS [71 PUBLIC PEDESTRIAN ACCESS EASEMENT "—^ PER HAP HO. 15608 m i.O.D. FOR PEDESTRIAN TRAIL EASEMENT PER FINAL MAP ENCROACHMENT AGREEMENT - CITY OF CARLSBAD EXHIBIT 'C' DATE: DEC, 2007 SHEET 1 OF 3 SHEETS APPLICANT/OWNER: CALAVERA HILLS II, LLC 2750 WOMBL£ ROAD SAN DIEGO. CA 92106 (619) 794-1252 ROBERTSON RANCH PA 16, 17, 18 C.T. 04-26 A.P.NI. 168-561-01 P.R. 07-127 G:\011014\01HGP-ENC01.dwg Jan 18, 2008 10:35am Xrefs: OIHgmap; 0114BMAP; 0114GUTL; 0114GGRD EXHIBIT 'C' 4739 242 £f24'52'56 ff=4&00' PER DWG. 45JrSL S47?5'11"W 49.34 \ _D see SHEET i FOR EASEMENT DATA CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 LEGEND EXISTING BOUNDARY EXISTING EASEMENT ENCROACHMENT AGREEMENT TRUE POINT OF BEGINNING T.P.O.B. ENCROACHMENT AGREEMENT - CITY OF CARLSBAD EXHIBIT 'C' DATE: DEC, 2QQ7 SHEET 2 OF 3 SHEETS APPLICANT/OWNER: CAtAVERA 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. 07-127 G:\011014\0114GP-ENC01.dwg Jan 18, 2008 10:35am Xrefs: OIHgmap; 0114BMAP; 0114GUTL; 0114GGRD 0 EXHIBIT 'C' 4740 N72'47J03"E 22.78'LANDSCAPING ENCROACHMENT PER DWG. 453-8L R=48.00'tL=20.91'ARAPAHO PL 1 SEE SHEET 1 FOR EASEMENT DATA CONSULT T S 2710 Loker Avenue West Suite 100 Carlsbad, California 92010 760-931-7700 Fax: 760-931-8680 LEGEND EXISTING BOUNDARY EXISTING EASEMENT ENCROACHMENT AGREEMENT TRUE POINT OF BEGINNING T.P.O.B. 40' SCALE: 1" = 40' ENCROACHMENT AGREEMENT - CITY OF CARLSBAD EXHIBIT 'C' DATE: DEC, 2007 SHEET 3 OF 3 SHEETS APPLICANT/OWNER: CALAVERA HILLS II, LLC 2750 WOUBLE ROAD SAN DIEGO. CA 92106 (619) 794-1252 ROBERTSON RANCH PA 16, 17, 18 C.T. 04-26 A.P.lsl. 168-361-01 P.R. 07-127 G:\011014\0114GP-ENC01.dwg Jan 18, 2008 10:35am Xrefs: OIHgmap; 0114BMAP; 0114GUTL; 0114GGRD