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HomeMy WebLinkAboutCT 05-13; Western Pacific Housing Inc; 2009-0619514; Encroachment Agreementi op 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 DOC# 2009-0619514 NOV05, 2009 1:15PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 36.00 PAGES:10 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: 223-720-03-00 CT 05-13 La Costa Ridge 2.6 Sales Trailer Encroachment PR 09-30 RW 09-143 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Western Pacific Housing, Inc., A Delaware Corporation ("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 the southeast corner of Corintia Street and Melrose Drive within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 223-720-03-00, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for general utility 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 temporary sales trailer, a fence and gate, entry sign, asphalt concrete driveway and parking, landscaping and irrigation, and related appurtenances to remain in a portion of the general utility 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 H:\Development Services\Projects\CT FILES\CT 05\CT 05-13 La Costa Ridge N. 2.6 - Rick, Bobbett\PR 09-30\ENCROACHMENT AGMT, PR 09-30.doc 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 Western Pacific Housing, Inc. City of Carlsbad Suite 2107 1635 Faraday Avenue 1021 Costa Pacifica Carlsbad CA 92008 Oceanside, CA 92054 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 H:\Development Services\Projects\CT FILES\CT 05\CT 05-1 3 La Costa Ridge N. 2.6 - Rick, Bobbett\PR 09-30\ENCROACHMENT AGMT, PR 09-30.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 thisJ^L tk\ day of SeJpfcvrtgcV 20_~" OWNER CITY OF CARLSBAD Western Pacific Housing, Inc., A Delaware Corporation (Sign Here) By: (Print Name Here) (Sign Here) (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2010 By: T)eputy CiTy^ttorney H:\Development Services\Projects\CT FILES\CT 05\CT 05-13 La Costa Ridge N. 2.6 - Rick, Bobbett\PR 09-30\ENCROACHMENT AGMT, PR 09-30.doc EXHIBIT A Lot 9 of the City of Carlsbad Tract No. 05-13 Villages of La Costa - La Costa Ridge Neighborhood 2.6, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15740 filed in the office of the County Recorder of San Diego County January 29, 2009. EXHIBIT B A General Utility Easement reserved from a vacation of Melrose Drive vacated per City of Carlsbad Council Resolution Number 2008-355 all as shown on Lot 9 of the City of Carlsbad Tract No. 05-13 Villages of La Costa - La Costa Ridge Neighborhood 2.6, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 15740 filed in the office of the County Recorder of San Diego County January 29, 2009. LOCATION MAP SITE LOCATION OF PROPOSED TRAILER NOT TO SCALE art OF ENCINITAS SHEET 1 OF 2 PROJECT NAME MELROSE SALES TRAILER RIGHT-OF-WAY ENCROACHMENT AGREEMENT PROJECT NUMBER PR09-30 EXHIBIT DRAWN BY: SCOTT EVANS, CARLSBAD ENGINEERING DEPT. 9/11/09 C:\DEVELOPUENT PROJECTS\CT\CT05-13.DWG VISQUEEN/ASPHALT CURB RAMP WITH 3" SDR 35 UNDERDRAIN AT GUTTER FLOWLINE CORINTIA STREET 4'X8* SIGN EXISTING WATERLINE f •ROW EXISTING WATERLINES —-0.25 EXISTING STORM DRAIN PL SALES TRAILER 24" & 36" BOX TREES TO BE BURIED IN THEIR BOXES AND IRRIGATED. (TYP) -FENCE SCALE: 1 "=20" DAVID EVANS AND ASSOCIATES INC- 4200 Concours, Suite 200 Ontario, California 91764 TEL: 909.481.5750 FAX: 909.481.5757 SHEET: 2 OF 2 PROJECT NAME MELROSE SALES TRAILER RIGHT-OF-WAY ENCROACHMENT AGREEMENT PROJECT NUMBER PR 09-30 EXHIBIT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, timM'k\ \Here Insert Name and Title of the Officerthe personally appeared p /TV ' I/7 Name(s) of Signer(s) MMBERLV N. MOUNA Commimon # 1632263 Motory ruble • CaWon*) •an Mtgo County 7.201C who proved to me on the basis of satisfactory evidence to be the person(e) whose namej(€^r^afe- subscribed to the within instrument and acknowledged to me that me/she/they executed the same in(fils/hef/trreir authorized x:apacity(ics), and that by ((TJs7hej#heir signature^) 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. Place Notary Seal Above WITNESS my hand and official seal. Signature. OPTIONAL SiOmture of 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: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) . Number of Pages:. 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: RIGHTTHUMBPRINTOF SIGNER Top of thumb here 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 ©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 H:\Development Services\Projects\CT FILES\CT 05\CT 05-13 La Costa Ridge N. 2.6 - Rick, Bobbett\PR 09-30\ENCROACHMENT AGMT, PR09-30.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, v/W, ^ A. Here Insert Name and Title of the Office /n ficer | Name(s) of Signer(s) TIWI L. ROWIEY Commiwlon * 1773534 Notary Public • California | tan 0*90 County * MyComm. who proved to me on the basis of satisfactory evidence to be the person^ whose name(sj island subscribed to the within instrument and acknowledged to me that he/she7thpy executed the same in his/hjeffth£ir authorized capacity(ieX), and that by his/h^r/th^ir signature^) on the instrument the person^, or the entity upon behalf of which the person(srf 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 / 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: Sg>PTcw\'6e>£. MCM1 Number of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: L_] Individual I] Corporate Officer — Title(s): ~! Partner — n Limited C General [I Attorney in Fact u Trustee LJ Guardian or Conservator n Other: RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer Is Representing:. Signer's Name: U Individual D Corporate Officer — Title(s): >~ Partner — G Limited G General G Attorney in Fact G Trustee G Guardian or Conservator C Other: 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:Call Toll-Free 1-800-876-6827 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Commission Number: ' ' / ' ' Date Commission Expires: _ ^ C-T l& ^ a [ f County Where Bond is Filed; 5ft^ bl&frO C fl U AJ f Manufacturer or Vendor Number: (Located on both sides of the notary seal border) ft 0 ~ - Y)/ /I \/\ m -^-'' III/ I ISignature: v^-cuxzyi^ y y M>^u Place of Execution; Firm Name (if applicable) af Rec. Form #R10 (Rev. 7/96)