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HomeMy WebLinkAboutCT 05-10; K HOVNANIAN; 2011-0240037; Encroachment AgreementRECORDING 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 DOCtt 2011-0240037 MAY 09, 2011 3:07 PM lOf OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE ErnesU. Dronenburg, Jr., COUNTY RECORDER FEES: 42.00 PAGES:10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 214-471-53 PROJECT ID: CT 05-10 PROJECT NAME: POINSETTIA PROPERTIES RELATED PROJECT ID: PR 10-32 RELATED PROJECT ID: N/A ENCROACHMENTAGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and K. Hovnanian at Carlsbad, LLC, a California limited liability company ("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 Lot 171 of Carlsbad Tract 73-24, in the city of Carlsbad, county of San Diego, Assessor's Parcel Number 214-471-53, 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 public right-of-way 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 a concrete brow ditch, landscaping and irrigation to remain in a portion of the right-of-way 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. Q:\FDEng\Development Services\PROJECTS\CT FILES\CT 05\CT 05-10 Poinsettia Property - Rick, BobbetttPR 10-32\PR 10-32 ENCROACHMENT AGMT, Revised 8-11-10.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. 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 K. Hovnanian at Carlsbad, LLC, City of Carlsbad a California limited liability company 1635 Faraday Avenue 1500 S. Haven Avenue, Ste 100 Carlsbad CA 92008 Ontario, California 91716 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. 2 Q:\FDEng\Development Services\PROJECTS\CT FILES\CT 05\CT 05-10 Poinsettia Property - Rick, BobbettVPR 10-32VPR 10-32 ENCROACHMENT AGMT, Revised 8-1MO.doc 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 S& day of An^( 20 OWNER K. Hovnanian at Carlsbad, LLC, a • CITY OF CARLSBAD, a municipal California limited liability company^—. corporation of the State of California By: (Sign Here). GLEN K. VAN PESKI, City Engineer y^. PLS 8801 Exp. 12/31/26^ (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney T)epmy City Attorney Q:\FDEng\Development Services\PROJECTS\CT FILES\CT 05\CT 05-10 Poinsettla Property - Rick, BobbettVPR 10-32\PR 10-32 ENCROACHMENT AGMT, Revised 8-11-10.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Date personally appeared before me, Here Insert Name and Title of the Offic Name(s) ofSigner{s) CATHIE ZHOU Commission # 1819063 Notary Public - California San Bernardino County My Comm. Expires Oct 21, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person^) whose name^i»are subscribed to the within instrument and acknowledged to me that executed the same in^fij^her/their authorized and that by-'fJj^neT/their signature^) on the instrument the persorj^Tor the entity upon behalf of which the persons') 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 Signatu OPTIONAL ^' Though the information below ;s not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of fh/s form to another document. Description of Attached Document Title or Type of DocuTTreot; Document Date:. Number of 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: Signer Is Representing: RIGHT CHUMBPRINT OF SIGNER Top of thumb here D Corporate Officer — Title(s}T: D Partner — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: Signer Is Representing: RIGHTTHUMBPR1NTOF SIGNER Top of tntimb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder Call Toll-Free 1 -800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me,L- Here Insert Name afe Title of the Office i/ AM Name(s) of Signer(s) TERIE L. ROWLEY Commission * 1773534 Notary Public • California | San Diego County who proved to me on the basis of satisfactory evidence to be the person(^ whose name(s^) \s/ar& subscribed to the within instrument and acknowledged to me that he/sJaeVthe^ executed the same in his/h^r/the/f authorized capacity(ie^), and that by his/h^r/the/ signature^ on the instrument the person(^), 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. 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: >C-\/\C-^^c Document Date: AP"M ^Number of Pages:3 V 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 u Gepefal D Attorney in Fact ...--•' D Trustee D Guardian or Conservator D Other: /' RIGHT THUMBPRIMT OF SIGNER Top of thumb here Signe/ls Representing:. Signer's Name: D Individual D Corporate Officer — Title(s): D Partner — D Limited n Gerieraf D Attorney in Fact .„•••'"' D Trustee ,./'' D Guardian or Conservator D Other: ,,. ' s' Signer Is Representing: RIGHT THUMBPRINT 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 #5907 Reorder: CallToll-Free 1 -800-875-6827 EXHIBIT A PR 10-32 LOT 171 OF CARLSBAD TRACT 73-24, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 7996, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 2,1974. J-14826C EXHIBIT "B" PR 10-32 Being a portion of that portion of Poinsettia Lane relinquished to the County of San Diego per the Document recorded November 29,1966 as File No. 187216 in the Office of the County Recorder of San Diego County and shown on CALTRANS Right-of-Way Map LO-3762 dated May 6,1966 in the City of Carlsbad, State of California, said portion being more particularly described as follows: Beginning at the Southerly terminus of the West line of that portion of Poinsettia Lane relinquished to the County of San Diego per document recorded November 29,1966 as File No. 187216 and shown on said Right-of-Way Map, said corner bears North 67°29'01" East a distance of 100.00 feet from the Northwest corner of Lot 171 of Map 7996 recorded August 1974 as Rle No. 74- 210822 in the office of said County Recorder; thence along said West line North 08029'33n West 19.85 feet; thence leaving said West line North 71°05'46" East 11.80 feet to the beginning of a tangent 330.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 01°15'03" a distance of 7.20 feet; thence North 72°20'49" East 27.90 feet to the beginning of a tangent 150.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 09°01'50" a distance of 23.64 feet to the beginning of a reverse 34.00 foot radius curve concave Northwesterly; thence Northeasterly along the arc of said curve through a central angle of 21°20'12" a distance of 12.66 feet to a point in the North boundary of said Lot 171; thence non-tangent to said curve and along said Lot 171 South 13°05123" East 11.21 feet; thence continuing along said Lot 171 South 67°29'01" West 85.60 feet to the POINT OF BEGINNING. Containing 1321.73 square feet, more or less. 'Patrick A. McMichael, L.S. 6187 Ec^l4826c_001Jegai Date *, n^—^mf BASIS OF BEARINGS EXHIBIT "C" PR-10-32 SHT 1 OF 3 LEGEND THE BASIS OF BEARINGS FOR THIS PLAT IS THE CCS83, CALIFORNIA COORDINATE SYSTEM NAD83 ZONE 6, (EPOCH 1991.35). GRID BEARING BETWEEN CITY OF CARLSBAD SURVEY CONTROL STATION CLSB-49 AND CLSB-134 PER RECORD OF SURVEY 17271. QUOTED BEARINGS FROM REFERENCE MAPS/DEEDS MAY OR MAY NOT BE IN TERMS OF SAID SYSTEM. LE. N28°41'40'£ LEGAL DESCRIPTION: A PORTION OF POINSETTIA LANE AS RELINQUISHED TO THE COUNTY OF SAN DIEGO PER THE DOCUMENT RECORDED NOVEMBER 29, 1966 AS FILE NO. 187216 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA AND SHOWN ON CALTRANS RIGHT OF WAY MAP LO-3762 DATED MAY B, 1966. R.O.W. EASEMENT (CONTAINS 1321.73 S.FJ FOB POINT OF BEGINNING (R) RADIAL BEARING () DATA PER MAP 7996 [ ] DATA PER CALTRANS MAP LO-3762 VICINITY MAP NOT TO SCALE PATRICK A. LS 6187 McMICHAEL DATE ENGINEERING 5620 FRIARS ROAD J. 14826C SAN DIEGO, CA 92110 619.291.0707 (FAX}619.291.4165 Mi M 4S26o\Surv«yM 4B26o_s I ope_<xmt_exb01. dgn \\erv-photDl \R I okS-toidordsNBerrt-1 oy-ZOoeMKx-kstXKKApro J oot«\CorpSt<J*_200$_SDS I p I ot\CorpS-(-d«_2005-SD. pan 03-FEB-Z011 13i01 EXHIBIT "C" PR-10-32 SHT 2 OF 3 &&<t V>N£ GRAPHIC SCALE 1"= 20'FOB LINE NAME TABLE DIRECT ON LENGTH L1 L2 L3 L4 N (N CN N CN N CN N (N 67*2967° 2967*2867'2967° 28 08*29 08'30 13*05 01" 04" 33" 01" 33" 33" '01" 23" 13* 05'20" E E E E E W W W W 185.60' 185.66') 185.73'] 100.00' 100. 00 131.02 ] 131. 15. 15. 02 75' 75 ] CURVE TABLE NAME DELTA RADIUS ARC C1 21* 20'12" 34.00' 12.66' 5620 FRIARS ROAD J. 148 26c SAN DIEGO, CA 92110 619.291.0707 ENGINEERING COMPANY (FAX)619.291.4I65 <R I C K Mi M «26o\Survey\148Z6o_« I ope_eant-^exbOE. den \\erv-photo1 NRI oKSfandardaNBanrt t »y_Z006\wx-k(>pooe\pro Jeot «\CorpStda_2005_BD\ t PI ot\CorpStdo_2005_SD. p»n 03-FE8-201I 1S«00 SHT3OF3EXHIBIT "C" PR-10-32 FILL SLOPE,~&- LANDSCAPING'01 AND IRRIGATION-CONCRETE " iN. ""*""""•"*"*'""y^"V»**-«../n«m, 30W DITCH BOUNDARY LINE BOUNDARY *****" LINE GRAPHIC SCALE 1"= 20' RICK 5620 FRIARS ROAD J. 14826C SAN DIEGO, CA 92110 619.291.0707 (FAX)619.291.4165 Ri M 4«2«SExhlbltsM4t£«a.»lop*.«gml->«xt>03. Kfln \\erv.r lt>1 \RtoKSt<ndar<lB\B«o1- l«y.200«\»orK6pooo\pro teot«\CorpSt<lB_200S-SDS I pi otVCorpStda-ZOOS-SO. p«nOS-FE8-201I 11106