Loading...
HomeMy WebLinkAboutCT 06-06; Real Estate Collateral Management Company; 2008-0123769; 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 DQC# 2008-0123769 MAR 10, 2008 10:32 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 39.00 PAGES:11 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 223-071-11 PROJECT ID: PROJECT NAME: RELATED PROJECT ID: RELATED PROJECT ID: CT 06-06 La Costa Oaks North 3.7 PR OT RW 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 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located in Villages of La Costa - La Costa Oaks North, CT 06-06 within the City of Carlsbad, San Diego County, California, 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 street and public 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 enhanced pavement to remain in a portion of the public street and public 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 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-06 La Costa Oaks North - Riddle\Bonds and AgreemenftENCROACHMENT AGREEMENT (PR 07-116).doc REV. 07/26/07 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 Real Estate Collateral Management Co. City of Carlsbad c/o Morrow Development, Inc. 1 635 Faraday Avenue 1 903 Wright Place, Suite 1 80 Carlsbad CA 92008 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. 2 H:\Development Services\PROJECTS\CT FILESXCT 06\CT 06-06 La Costa Oaks North - Riddle\Bonds and AgreemenftENCROACHMENT AGREEMENT (PR 07-1 16).doc REV. 07/26/07 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 day of OWNER Seal Estate Collateral rfenagement Company, a Delaware corporation By: (Sign/Here) Fred Schimel, Vice President (Print Name Here) (Sign Here) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: _ David A. Mauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-06 La Costa Oaks North - RiddleVBonds and Agreement\ENCROACHMENT AGREEMENT (PR 07-116).doc REV. 07/26/07 State of -California - County of Safl-Qiago. On AlV- & '9<*r7 before me, CW*^ C. (Date) (Name, Title of Officer) fi<rt*<7 personally appeared $e/<A/<e/ (Namefs] of Signer[s]) personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature of Notary "OFFICIAL SEAL" DIANA C. MORENO NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 10/4/2009 (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-06 La Costa Oaks North - Riddle\Bonds and AgreemenhENCROACHMENT AGREEMENT (PR 07-116).doc REV. 07/26/07 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT es@s@!ejg<s@eiB®@s@&saB&se@s^^ State of California County of I 1 — r-On M 3 M ~>oo & before me, i b Date personally appeared 'J^^1 ^ ^ • W^HJ ILit L. /^uJ^tTM Here Insert iName Name(sf of Signerjs// / Nusr^u A^Suc- 'and Title of the Officeil •MMh ROWlfV Commtoiion * 1771*34 1 County who proved to me on the basis of satisfactory evidence to be the person^ whose name(#) is/a^e" subscribed to the within instrument and acknowledged to me that he/ske/tfoey" executed the same in his/bef/thelr authorized capacity(iee-), and that by his/her/tbefr signature(8) on the instrument the person^r, 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 - 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: EH^^P1^ Document Date: I | 3 ' I ^Q-o 8 Number of Pages:f ^ N^T Signer(s) Other Than Named Above: JL^cji 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: RIGHTTHUMBPRI^fr OF SIGNER TOD of thumb here Signer's Name:_ Individual Corporate Officer — Title(s): 1" Partner— Limited -General ,V Attorney in Fact :.. Trustee Guardian or Conservator j Signer Is Representing: | RIGHT THUMBPRINT OF SIGNER Top of rhumb here [ ©2007 National Notary Association • 9350 De Soto Ave.. P.O Box 2402-Chatsworth, CA 91313-2402* www.NattonalNotary.org Item #5907 Reorder Caii Toil-Free 1-800-876-6827 EXHIBIT 'A' BENEFITTED PROPERTY Neighborhood 3.7 Lots 44 through 49 inclusive of Carlsbad Tract Map No. 06-06, Villages of La Costa - La Costa Oaks North - Neighborhood 3.7, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. ISfcH^ filed in the Office of the County Recorder of San Diego County on 12.Mo*T . Sheet 1 of 1 EXHIBIT "B" LEGAL DESCRIPTION OF CITY EASEMENT UNDERLYING ENCROACHMENT 1. Easement for public street and utility purposes within CT 06-06: Avenida Soledad As dedicated on Map No. Sheet 1 of 1 EXHIBIT C OCATION OF ENCROACHMEN & LOCATION OF ENCROACHME, 27 LOCATION OF ENCROACHMENT HUNSAKER & ASSOCIATES SHEET 1 OF 4 EXHIBIT C' LOCATION OF ENCROACHMENT MAP NO. igfcH3 (CT 06-06) LOCATION OF ENCROACHMENT EXHIBIT C LOCATION OF ENCROACHMENT MAP NO. \6CcW (CT 06-06) LOCATION OF ENCROACHMENT HUNSAKER ^ASSOCIATES SAN 01 I Cft INC FDVNNG *VWhgh»SM SUMHNG SCALE: 1'- 20 SHEET 3 OF EXHIBIT C LOCATION OF ENCROACHMENT MAP NO. I5kqq (CT 06-06) LOCATION OF ENCROACHMENT AVENIDA SOLEDAD HUNSAKER &. ASSOCIATES IAN DIIG<X INC fUVNNG BV ONOMC Si«C MVRMG rKMBMHO-MttS»14M SHEET 4 OF 4