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HomeMy WebLinkAboutCT 06-06; Real Estate Collateral Management Company; 2008-0123770; Encroachment AgreementRECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC# 2008-0123770 MAR 10, 2008 10:32 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 43.00 PAGES:14 SPACE ABOVE THIS LINE FOR RECORDER'S USE 223-071-11-00 CT 06-06 ASSESSOR'S PARCEL NO.: PROJECT NO. & NAME: Village of La Costa - Oaks North 3.7 PR 07-77 RIGHT-OF-WAY PERMIT NO.: 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 (Development) within the City of Carlsbad, San Diego County, California, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference (the "Benefited Property"). 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for public street and public utility purposes as dedicated on the final subdivision tract maps and 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 private underground storm water quality treatment units and appurtenant facilities to remain in a portion of the easement to serve the water quality treatment requirements for this Development. The encroachment consists of, but is not limited to CDS Stormwater Treatment Unit, manhole lids, etc (refer to Exhibit "C" for plat describing the private underground storm water quality treatment units). A plat showing the location of the encroachment is attached as Exhibit "D" attached hereto and incorporated by reference. These private underground storm water quality treatment units are constructed in accordance with the improvement plans on file with the City Engineer as drawing numbers 451-8. 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. The private underground storm water quality treatment units and appurtenances are privately owned, operated and maintained. 1 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-06 La Costa Oaks North - RiddleVBonds and AgreementVENCROACHMENT AGREEMENT (PR 07-77).doc b. The private underground storm water quality treatment units and appurtenances shall be maintained, repaired and replaced pursuant to the terms of this Agreement at the sole cost and expense of Owner initially, until transfer to the La Costa-Oaks Community Homeowner's Association ("HOA"), or other successors-in-interest (collectively "Owner/HOA") of the Benefited Property, which shall take over all such obligations set forth in this Agreement. c. Owner/HOA agree to pay all necessary regulatory fines if Owner/HOA fail to maintain the private underground storm water quality treatment units and appurtenances to ensure their effectiveness at removing pollutants-of-concern from the 85th percentile storm and meeting flow-based criteria set forth by the Regional Water Quality Control Board. d. Owner/HOA agree to maintain, repair, replace, reconstruct, or perform any other necessary work to maintain the private underground storm water quality treatment units and appurtenances in a safe and operational condition to the satisfaction of the City Engineer. No less than forty-eight (48) hours after Owner/HOA discovery of a non-operating or damaged private underground storm water quality treatment units or after receiving written notification by the City of Carlsbad, whichever occurs first, Owner/HOA shall replace or repair the private underground storm water quality treatment units to a safe and operational condition to the satisfaction of the City Engineer. e. If Owner/HOA fail to maintain, repair, replace, reconstruct, or perform any other necessary work to improve a non-operating or damaged private underground storm water quality treatment units to a safe and operational condition in accordance with the terms set forth above, the City shall have the right, but not the duty, to repair, replace or maintain the private underground storm water quality treatment units and appurtenances, for public safety or for any other reason, and City shall have the right to recover all reasonable costs in doing so, directly from the Owner/HOA, which if not paid within forty-five (45) days of written receipt from the City, shall become a lien on the Owner/HOA's common property subject to enforcement and foreclosure in accordance with California State law. f. The Owner/HOA hereby agree 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 encroachment 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. g. Owner/HOA shall provide City Engineer with the name, telephone number and address of its designated maintenance company and shall advise the City Engineer, in writing, if any contact information changes regarding the private maintenance company. A private maintenance company performing the maintenance/repairs of these private storm water quality treatment units shall not excuse Owner/HOA of the obligations and terms set forth herein. h. Owner/HOA shall obtain all necessary permits required to perform repair, maintain, replace, or reconstruct the private underground storm water quality 2 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-06 La Costa Oaks North - Riddle\Bonds and Agreement\ENCROACHMENT AGREEMENT (PR 07-77).doc treatment units and appurtenances in City right-of-way. Owner/HOA shall provide proof of insurance prior to any work being performed in the City right- of-way. The insurance requirements shall meet the minimum qualifications as required by the right-of-way permit and the Municipal code, in effect at the time the work is proposed pursuant to this Agreement. The City of Carlsbad shall be listed as additionally insured on the insurance binder and supported by the insurance endorsement. i. 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. j. Nothing in this agreement is intended to, nor shall be construed to grant or authorize the installation of any other facilities or equipment (including but not limited to cellular communications, signage, or other facilities) other than the streetlight and necessary appurtenances thereto specifically approved by the City pursuant to this Agreement. k. Owner must remove or relocate any part of the encroachment within ninety (90) 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. 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. 1635 Faraday Avenue 1903 Wright Place, Suite 180 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 3 H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-06 La Costa Oaks North - RiddleVBonds and AgreementXENCROACHMENT AGREEMENT (PR 07-77).doc 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, this parties hereto have executed this Agreement on this day of <rk*>"WH 2QQB . OWNER CITY OF CARLSBAD By:OtJ Real Estate Collateral Management Company, a Delaware corporation Fred Schimel, Vice President ROBERT T. JOHNSON, JR. City Engineer APPROVED AS TO FORM: RONALD R. BALL City Attorney By: City Attorne H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-06 La Costa Oaks North - Riddle\Bonds and Agreement\ENCROACHMENT AGREEMENT (PR 07-77).doc State of California County of San-Piogo On | C (Date) personally appeared before me, (Name, Title of Officer) (Name[s] of Signers]) 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 Q Signature of Notary DIANA C. MORENO NOTARY PUBLIC, STATE COMMISSION EXPIRE (This area for official notary seal) Title or Tvpe of Document Date of Document Sianer(s) other than named above No. of Paqes H:\Development Services\PROJECTS\CT FILES\CT 06\CT 06-06 La Costa Oaks North - Riddle\Bonds and AgreementXENCROACHMENT AGREEMENT (PR 07-77).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of. On 11 3 'before me, Date personally appeared 1 iOUTM Mg»(^-A.< Here Insert NaWe and Title of the Officer ( Name5(sf of SignercA) THMI-1. tOWVEY Commlwlon* 1773*34 Notary *uWc - California | San Diego County 1 Piace Notary Sea! Above who proved to me on the basis of satisfactory evidence to be the person^ whose name(^) is/ape' subscribed to the within instrument and acknowledged to me that he/s^He/thXy executed the same in his/her/thpfr authorized capacity's), and that by his/r^er/tr^ir signature^) on the instrument the person(^), or the entity upon behalf of which the persontef 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. Signature. OPTIONAL - Signature o! 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: / J Document Date: I ( -^ N ^~g>O ?Number of Pages: f Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: '..'. Individual Officer — Title(s): Signer's Name:. Individual f - Corporate Officer — Title(s): Partner — ~~ Limited ; General Attorney in Fact Trustee Guardian or Conservator Other: _ Signer Is Representing:" RIGHT THUMBPRINT OF SIGNER Top of thumb here '. Partner— Limited ._ General Attorney in Fact .. Trustee Guardian or Conservator l^Ofher:- RK5HT THUMBPRINT OF SIGNER Signer Is Representing: © 2007 National Notary Association • 9350 De Solo Ave. .P.O. Box 2402 • Chatsworttl. CA 91313-2402 • www.NationalNotary org Item *5907 Reorder Call Toll-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. IffoH^ filed in the Office of the County Recorder of San Diego County on 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" CDS UNIT ASSEMBLY (CUTAWAY VIEW^ fLEFT-HANDED UNIT SHOWN'I STORM DRAIN INLET (UPSTREAM) PIPE MH BASE (SUMP): (HEIGHTS VARY AS REQ'D) TYP. WT.=5,000-lbs MH FRAME & COVER TOP SLAB: TYP. WT.=3.000-lbs ACCESS RISER: (HEIGHTS VARY AS REQ'D) TYP. WT.=1,300 Ibs/LF FIBERGLASS OIL BAFFLE FIBERGLASS CYLINDER & INLET SEPARATOIN SCREEN STORM DRAIN OUTLET (DOWNSTREAM) PIPE SEPARATION CHAMBER: (HEIGHTS VARY AS REQ'D) TYP. WT.=8.000-lbs CDS MODEL PMSU20_20 STORMWATER TREATMENT UNIT LOW TECHNOLOGIES LA COSTA OAKS NEIGHBORHOOD 3.7 JOB|_ DATE: DRAWN: APPROV. SCALE N.T.S. SHEET 1 of 5 16360 MONTEREY RD. SUITE 250 MORGAN HILL, CA 95037 TEL: (888) 535-7559 FAX: (408) 782-0721 EXHIBIT"C" PLAN VIEW 60"0 ID MH, (72" OD TYP) CDS INLET 24"0 MH COVER AND FRAME OIL BAFFLE FLOW SD INLET C_ CDS SD OUTLET SEPARATION CYLINDER 24"0 MH COVER AND FRAME NOTE: CDS UNIT IS SHIPPED COMPLETE WITH FIBERGLASS INLET/OIL BAFFLE AND SEPARATION SCREEN ASSEMBLY PRE-INSTALLED. CDS MODEL PMSU20_20 STORMWATER TREATMENT UNIT LCDS TECHNOLOGIES LA COSTA OAKS NEIGHBORHOOD 3.7 DATE: DRAWN: APPROV. SCALE SHEET 2 of 5 16360 MONTEREY RD. SUITE 250 MORGAN HILL. CA 95037 TEL: (888) 535-7559 FAX: (408) 782-0721 EXHIBIT "^" SECTION B-B 60"0 ID MH, (72" OD TYP) INLET FLANGES FASTENED WITH 316SS EXPANSION ANCHORS SD INLET FLOW 12" SEPARATION SCREEN ATTACHED WITH 316SS EXPANSION ANCHORS G CDS MH & PIPE INLET G CHAMBER AND SUMP ACCESS CORES PROVIDED BY PRECASTER SD OUTLET C CDS MH & PIPE INLET G CHAMBER AND SUMP ACCESS OIL BAFFLE FASTENED TO MH W/ 316SS ANCHORS NOTE: CDS UNIT IS SHIPPED COMPLETE WITH FIBERGLASS INLET/OIL BAFFLE AND SEPARATION SCREEN ASSEMBLY PRE-INSTALLED. CDS MODEL PMSU20_20 STORMWATER TREATMENT UNIT LCDS TECHNOLOGIES LA COSTA OAKS NEIGHBORHOOD 3.7 DATE: DRAWN: APPROV. SCALE 1 "=24" SHEET 3 of 5 16360 MONTEREY RD. SUITE 250 MORGAN HILL, CA 95037 TEL: (888) 535-7559 FAX: (408) 782-0721 EXHIBIT'C" 24"0 MH COVER AND FRAME, ONE OF TWO GRADE RINGS AND/OR GROUT AS NEEDED RIM EL=TBD G_ CDS MH G SEPARATION CHAMBER NOTE: TOUGUE AND GROOVE JOINT DETAILS VARY SECTION A-A PROFILE VIEW FLOW IE IN/OUT=TBD SD INLET BASE EL=TBD NOTES: « c' In CDS INLET >- FIBERGLASS SEPARATION CYLINDER __i 25"0 SS316 SEPARATION SCREEN r DD |— "~m T A. VARIES, 24" TYP SUMP T 6'-0"0 TYPICAL TO BE DETERMINED FLOW SD OUTLET 5'—7" TYP DEPTH BELOW OUTLET INVERT 1. OVERSIZED CORES ARE PROVIDED TO ACCOUNT FOR DIFFERENT PIPEWALL THICKNESSES-ENSURE SUFFICIENT EXCAVATION DEPTH TO ATTAIN INDICATED (EXTERNAL) SUMP INVERT ELEVATION. 2. CDS UNIT IS TYPICALLY DELIVERED W/ FIBERGLASS INLET/DIVERSION STRUCTURE, OIL BAFFLE AND SCREEN CYLINDER PRE-INSTALLED. FOR FIELD ASSEMBLY OF INTERNAL COMPONENTS, THE GREEN FLANGE OF THE SCREEN CYLINDER SHALL FACE UP. CDS MODEL PMSU20_20 STRMWTR TRTMNT UNIT LCDS TECHNOLOGIES LA COSTA OAKS NEIGHBORHOOD 3.7 JOBjji DAJEL DRAWN: APPROV. SCALE 1"=24" SHEET 4 of 5 16360 MONTEREY RD. SUITE 250 MORGAN HILL, CA 95037 TEL: (888) 535-7559 FAX: (408) 782-0721 EXHIBIT1^" HOPE HYDRAULIC SHEAR PLATE <t RISER SECTIONS C SEPARATION SECTIONS 5' ID -24" 00 (NOT TO SCALE) PLACE 2x CONTINUOUS BANDS OF MASTIC ROPE ON VERTICAL AND HORIZONTAL SUR- FACES OF SUMP (MH BASE) T&G JOINT; GROUT EXTERIOR MH JOINT IF NECESSARY. TO BE DETERMINED FIBERGLASS SEPARATION CYLINDER 25"* SS316 SEPARATION SCREEN FLOW 5'-7" TYP DEPTH BELOW OUTLET INVERT CONSTRUCTION NOTES: A. ENSURE THAT INTERNALS ARE SECURED TO THE CONCRETE BEFORE STACKING MANHOLE STRUCTURES. B. APPLY BUTYL MASTIC AND/OR GROUT TO SEAL JOINTS OF MANHOLE STRUCTURE. APPLY LOAD TO MASTIC SEAL IN JOINTS OF MH SECTIONS TO COMPRESS SEALANT IF NECESSARY. UNIT MUST BE WATER TIGHT. HOLDING WATER UP TO FLOWUNE INVERT (MINIMUM). C. BEFORE PLACING MORE PRECAST COMPONENTS OR BACK-FILLING. ENSURE FIBERGLASS INLET AND PIPE INVERT ELEVATIONS MATCH. D. IF INTERNALS ARE NOT PRE-INSTALLED. THE FIBERGLASS INLET, OIL BAFFLE & SEPARATION SCREEN NEEDS TO BE FASTENED TO THE CONCRETE USING STEEL CLIPS & 3/8" X 3 3/4" SS EXPANSION BOLTS O 12" O.C. E. SEAL FIBERGLASS TO CONCRETE USING CONCRETE REPAIR OR EQUIVALENT. F. GROUT PIPE CONNECTIONS TO SEAL JOINTS. G. USE GRADE RINGS, BLOCKS AND/OR GROUT TO ENSURE PROPER GRADE (RIM) ELEVATION. SEAL AS NECESSARY. GENERAL NOTES: 1. CDS UNIT TYPICALLY DELIVERED WITH FIBERGLASS INLET/OIL BAFFLE & SEPARATION SCREEN ASSEMBLY PRE-INSTALLED. OIL BAFFLE MAY HAVE TO BE REMOVED FOR DELIVERY AND RE-INSTALLED BY THE CONTRACTOR. 2. HOPE HYDRAULIC SHEAR PLATE IS PLACED ON SHELF AT BOTTOM OF SCREEN CYLINDER. REMOVE AND REPLACE AS NECESSARY DURING CLEANING. 3. THE INTERNAL COMPONENTS ARE SHOWN IN THE RIGHT-HAND CONFIGURATION. THE GREEN FLANGE ON THE SCREEN SHOULD BE INSTALLED FACE UP. 4. INSTALL CDS UNIT PER CDS INSTALLATION SPECIFICATIONS. 5. CONTRACTOR TO BE EQUIPPED TO HANDLE THE HEAVIEST PICK SECTION (APPROX. 10.000 LBS. TYPICAL). 6. OVERSIZED CORES ARE PROVIDED TO ACCOUNT FOR DIFFERENT PIPE WALL THICKNESSES. 7. CONTRACTOR TO ENSURE SUFFICIENT EXCAVATION DEPTH TO ATTAIN EXTERNAL SUMP INVERT ELEVATION. TECHNOLOGIES LA COSTA OAKS NEIGHBORHOOD 3.7 DATE: DRAWN: APPROV. SCALE N.T.S. SHEET 5 of 5 16360 MONTEREY RD. SUITE 250 MORGAN HILL. CA 95037 TEL: (888) 535-7559 FAX: (408) 782-0721 EXHIBIT D LOCATION OF ENCROACHMENT MAP NO. EW (CT 06-06) LOCATION OF ENCROACHMENT HUNSAKER & ASSOCIATES IAN PIIGOb INC SCALE: 1 "= 20 ' rUfsDssusat- mmssniu SHEET 1 OF 1