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Home My WebLink AboutCT 13-01; KLC BV Carlsbad, LLC; 2014-0116630; Encroachment Agreementi DOC IIIIII 201 illlill 4-01 GG30 llllllllllllll RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MAR 25, 2014 3:57 PM OFFICIALRECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 3G.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 156-200-15 ; 156-200-01 ; 156-200-02 PROJECT ID: PROJECT NAME RELATED PROJECT ID CT 13-01 Buena Vista 11 PR 13-54 8 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and KLC BV Carlsbad, LLC, a California limited liability company ("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Propertv. Owner is the owner of that certain real property located at 1677 Buena Vista Way, Carlsbad, CA within the City of Carlsbad, San Diego County California, Assessor's Parcel Number 156-200-15-00; 156-200-01-00 and 156-200-02- 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 Public Street and Utility purposes and General Utility and Access easements, 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 turfstone pavers, enhanced pavement, private storm drain and bioretention basin to remain in portions of Buena Vista Way, Valley Street and Public Street and Utility purposes and General Utility and Access over Lido Place and Lot 5 of CT 13-01. A plat showing the locations of the encroachments 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. (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 Aqreement. 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 KLC BV Carlsbad, LLC City of Carlsbad 101 S. Kramer Blvd., Suite 136 1635 Faraday Avenue Placentia CA, 92870 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. 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 bv such signature(s) thereby bind such party. *u- "^i^^f WHEREOF, these parties hereto have executed this Agreement on this ZEr^ day of ^jn\JOO^ 20 )4 . OWNER KLC BV Carlsbad, LLC, a California Limited Liability Company CITY OF CARLSBAD, a municipal corporation ofthe State of California By: FKC, LLC^Caljfornia Lirruted Liability Comeat^itSTBaffaadrC;^^ By: GLENTK. VAN PESKI, City Engineer Brett S. Albrecht, FKC, LLC, a California Limited Liability Company Autiiorized Person Name and Title PLS 8801 Exp. 12/31/2014 APPROVED AS TO FORM: CELIA A. BREWER City Attorney By: ^ RON KEMP I Assistant City Attorney CAtirORNf A ALL-PURPOSE ACKNOWLEDGMENT State of California County of On_iMM V Daii } before me, personally appeared ?7rVt\' S. ^rW/^^-^A^ I » Here Insert Name and Title o( the Otfic§t/* 1 NaiTtc{s) 01 Signer(s] JOY F.YUKAWA-PONG Commitsion # 1952245 Notary PubUc • California Orangt County ^ 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name{s) Ware 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 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. Signature. OPTIONAL Though the information below i$ not required by law, it may prove valuable lo persons relying on the document and could prevent fraudulent removal mid reattachment of ttiis form to another document. IDescription of Attached Document Title or Type of Document: Document Date: Number of Pages;. Sfgner(s) Other Than Named Above: Capaclty(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer—Tltle{s): • Partner —• Limited • General • Attorney in Fact • Truslee • Guardian or Conservator • other: [ Signer Is Representing: RKSHTTHUMBPROT OF SIGNS? lop of thumb here Signer's Name: • Individual • Corporate Officer —TtHe(s): • Partner —• Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • other: Signer Is Representing: RIGHTTHUMBPRINT OFSttSNER Top of thumb here C2007NatiorialNotafyAsspde&n.a350DBSotoAvB,RO.Box2402.Chalsw^ 91313-2402.www.NaSonaiNolafy.org ll«ii<(5907 RBOixler:Ca«Tol|.FfBe1.e00.S76.6B2r LEGAL DESCRIPTION EXHIBIT "A" PR 13-54 PARCEL 1: S^tmc™ rSo°^"^S^4'^irTSr °' m ™E COUNTY OF AND THE NORTHEASTHILY PROT (^^ri'n^M^^^ ^'^^ CENTERLINE OF VALLEY STREET THENCE SOUT^ "^^"^P'^^^J 29,1922 AND MCORJED IN BOOK 899. VAC.V n..Ac. OCEANSIDE I^roxUAL WATEk CcJ^^Tn^ ™ ^ CONVEYED TO SAID ..•.7.EASTADISTANCE0?SS^0l^S,?^-™^^ APN: 156-200-15-00 PAJICEL 2: LINE OF SAH) TRACT 121 SATO P^T RW^^^ c^^S^°^^^ °^ ™ SOUTHEASTERLY TO JOHN J. ME^S 1^ BY ?SD^?fn'??^^'»T^^ °^ ^ CONVEYED THENCE ALONG THE ^riTrim.L-ml7Linf "'^^ Q''""" Prr-npnc. FEET-THENCE NO^ 23-^^^M76^T Tn ^^^'J '^^^ "° ^EST, 193.4 LANDS; THENCE SO^ 89« fl^ EIST ifn Jr^ ™ ^O^D^Y LINE OF SAH) CARLSBAD CENTEklNE0F s!S^Y lTl^5TmT^c'^^i!Pi'™^Y ^ "3.8 FEET TO THE FEET TO THE POINT OF BECT«>am ^LONG SAD) CENTERLINE 137.0 s^Y^z^r^A^-s™^ SOUTHWESTERLY COR>M^F. ™ " ^EST, 113.8 FEET FROM THE APN: 156-200-01-00 PARCELS: SOUTHEASTERLY LoE^F SAS^CT^SATPH"^^^^^^^ PROLONGATION OF TO^ LAND CONVEYED TO MmTi^^'^^^°'^ ^^?l\^SOVTmASTEm.Y CORNER Si OFFiaAT, RFrnT>,.c. XHENCE ALONG THESOuX;.TFmv?,S^^^°i^ IN BOOK 3.-^9. VAr.v.,..^ SS' 27- WEST, 193.4 FEET; THENCE NORTO 23« o^^'^^v^'L^™ MERRITT LA^D, SOUTH OF SAH) CARLSBAD LAIRDS; TIffiNCE S^H 89= O1^FI',T I r J ™ ™ BOUNDARY LINE FEET TO THE CENTERLM OF SAS VXSY STOF^T ^^Ti' ™^ ^''^ NORTHERLY LINE 173.8 CENTERLINE 137.0 FEET TO THE POST OF BIGSG ^^NG SAH) SILT^^^^!^?-,^^^^^^ THAT BECms AT A POINT ON FROM THE SOUTHEASTERLY CORNER ^S.F^^T1C°^ ^ST, 58.5 FEET WESTERLY LINE OF SAH) lAraTraAf^r^ Jr.^ ^"^^ WESTERLY TO A POINT ON THE SOUrm^'ESTERLYCORmR^HE^F """^ ^^^^ "^.8 FEET FROM Tm APN: 156-200-02-00 EXHIBIT "B" ENCROACHMENT PERMIT FOR BUENA VISTA 11, CT 13-01 LEGAL DESCRTPTTON AN ENCROACHMENT PERMIT OVER EXISTING OR PROPOSED EASEMENTS OR RIGHTS-OF-WAY GRANTED TO THE CITY OF CARLSBAD AS FOL^^^ EASEMENT 1 VALLEY STREET AS DEDICATED PER MAP NO. 1661 FILED TN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 1, 1915. EASEMENT 2 BUENA VISTA WAY DEDICATED AS A 20 FOOT WIDE EASEMENT GRANTED TO THE COUNTY OF SAN DIEGO COUNTY FOR ROAD RIGHT OF WAY PURPOSES PER DOCUMENT RECORDED SEPTEMBER 23 1984 AS BOOK 2957, PAGE 95 OF OFFICIAL RECORDS, AND AS A 10 FOOT WTDF PUBLIC STREET AND UTILITY EASEMENT PER FINAL UA^CT 13 0^ EASEMENT ^ A GENERAL UTILITY AND ACCESS EASEMENT OVER LIDO PLACE (PRIVATESTREET)PERFINALMAPCT13-01. EASEMENT 4 ^ENERAL^ UTILITY EASEMENT OVER A PORTION OF LOT 5 OF FINAL WffF^'^ R- LUNDSTROM 21245 EXPIRES: 09/30/15 DATE: I-n- l4 EXHIBIT "C" PR 13-54 TURFSTONE PAVERS PER DWG. 479-6 EXISTING 20' PUBUC STREE' & UnUTY EASEMENT PER DOC. REC. 9-23-48 BOOK 2957, PG 95 OF 0./i ENHANCED PAVEMENT PER DWG. 479-6 MS DOVE SCALE: r=80' EXISTING 60' PUBUC STREET & UnUTY EASEMENT PER MAP NO. 1661 LEGEND (FNCROACmFtmy TURFSTONE PAVERS (PVT.) i^g^ ENHANCED PAVEMENT (PVT.) STORM DRAIN (PVT.) BIORETNETION (PVT.) G.U.E OVER LOT 5 PER HNAL MAP CT 13-01 jySfSTONE PAVERS PER DWG. 479-6 R. LUNDSTROM /?.c.£ 21245 EXfflBIT "C" BUENA VISTA 11, CT 13-01 Encroachment Permit