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HomeMy WebLinkAboutCT 07-05; LC Greens 1.3 LLC; 2008-0625078; 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 2234 DGC# 2008-0625078 DEC 08, 2008 11:17 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORYJ. SMITH. COUNTY RECORDER FEES: rj.OO PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-110-18-00 PROJECT ID: CT 07-05 PROJECT NAME: La Costa Greens Neighborhood 1.3 RELATED PROJECT ID: PR RELATED PROJECT ID: RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and LC Greens 1.3, LLC, a Delaware 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 Cinnabar Way and El Camino Real within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-110-18-00, 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 general access and 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 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. 1 H'\Development Services\PROJECTS\CT FILES\CT 07\CT 07-05 La Costa Green N. 1.3 - Bobbett\Bonds and Agreement\CT 07-05 ENCROACHMENT AGMT.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 £*) «*1 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 LC Greens 1.3, LLC City of Carlsbad 4747 Morena Blvd. 1635 Faraday Avenue Suite 100 Carlsbad CA 92008 San Diego CA 92117 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 07\CT 07-05 La Costa Green N. 1.3 - Bobbett\Bonds arid Agreement\CT 07-05 ENCROACHMENT AGMT.doc 2236 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 /5& day of OWNER CITY OF CARLSBAD LC Greens 1.3, LLC, a Delaware limited liability company Bv: (Sign Here) (Print Name Here) By: (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: Deputy City Attorney H:\Development Services\PROJECTS\CT FILES\CT 07\CT 07-05 La Costa Green N. 1.3 - Bobbett\Bonds and Agreement\CT 07-05 ENCROACHMENT AGMT.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, 2237 Y\ Here Insert (feme and Title of the Officer Name(s) of Signer(s) I ORIGINAL who proved to me on the basis of satisfactory evidence to be the person(s^ whose name(s)<1$/are subscribed to the within instrument and acknowledged to me that (fj^/she/they executed the same in ^/her/their authorized capacity (ib§), and that by <fijs/her/their signature^ on the instrument the person(is), or the entity upon behalf of which the persofrfe). 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: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 — D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: RIGHT THUMBPRINT OF SIGNER i 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: RIGHT THUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association* 9350 De Solo Ave., P.O. Box 2402 -Chatsworth, CA 91313-2402-vnvw.NationalNotary.org Item #5907 Reorder:CallToll-Free 1-800-876-6827 H:\Development Services\PROJECTS\CT FILESVCT 07\CT 07-05 La Costa Green N. 1.3 - BobbetftBonds and AgreementtCT 07-05 ENCROACHMENT AGMT.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of SAM On Date personally appeared before me, 2238 L- Here Insert Name a«d Title of the Officer Name(s) of Signer(s) TONE L ROWLEY Commtorion * 1773534 No*wy Pubic-CaHfomto i San Otago County who proved to me on the basis of satisfactory evidence to be the person(sf whose name(a) is/a^e subscribed to the within instrument and acknowledged to me that he/§he7th^y executed the same in his/JteT/thpir authorized capacity(ie^), and that by his/hef/trjjertr signature^ on the instrument the persontej, or the entity upon behalf of which the person^f 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. WITNESSny 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: ^HC^ Document Date: C^CTg^E^- I S ( 3 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 — 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 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 Toil-Free 1-800-876-6827 EXHIBIT "A"se^er 2239 BENEFITTED PROPERTY Lot 10 of Carlsbad Tract 07-05 at La Costa Greens Neighborhood 1.03, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof no. filed in the Office of the County Recorder of San Diego, Sheet 1 of 1 EXHIBIT "B" LEGAL DESCRIPTION OF CITY EASEMENT UNDERLYING ENCROACHMENT General Utility & Access Easement for public utility purposes on Lot 10 of CT 07-05: As dedicated on Map No. J_ Sheet 1 of 1 EXHIBIT C LOCATION OF ENCROACHMENT MAP NO. l^72>/ (CT 07-05) I > // LOCATION OF ENCROACHMENT GENERAL UTILITY & ACCESS EASEMENT HUNSAKER & ASSOCIATES PLANNMC 9JW Wlpfa SUM &n Dkn Cl 92121 SMVEYWC fH(IS«)S5W500> «<S5»)55».14« SHEET 1 OF Z EXHIBIT C LOCATION OF ENCROACHMENT MAP NO. i£7^/ (CT 07-05) LOATION OF ^NCROACHMENT SCALE 1"=20' GENERAL UTILITY & ACCESS EASEMENT I SUBDIVISION BOUNDARY LOCATION OF ENCROACHMENT GENERAL UTILITY & ACCESS EASEMENT HUNSAKER & ASSOCIATES PLAmMC 9707 Wapte SUM ENONEBtlNC Sjn Dkm O 92121 . SUdVEYINC PH(«M155M500 FX(9S1)S»UU , SHEET Z OF Z