HomeMy WebLinkAboutCT 99-08; LB/L-Concordia Carlsbad-19 LLC; 2001-0407980; Encroachment AgreementRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
7142 JUN 189 2001 2:04 PM
oFFICIfk RECORDS SAN DIEGO (XINTY RECORDER’S OFFICE GREGORY &liITH, ~~~~ : .
lHlilU0llllYllnlilllllllllillllillllUlUlllll 20014407980
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
SPACE ABOVE THIS LINE FOR RECORDER’S USE
ASSESSOR’S PARCEL NO.: 167-090-69
PROJECT NO. & NAME: CT 99-08 PR 01-050
Spyglass II
RIGHT-OF-WAY PERMIT NO.: NONE
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT (“Agreement”) is entered into between
the CITY OF CARLSBAD (“City”) and LB/L-Concordia Carlsbad-19 LLC (“Owner”), in
accordance with Chapter 11 .16 of the Carlsbad Municipal Code.
1. The Owner’s Property. Owner is the owner of that certain real property located
at the southeast corner of the intersection of El Camino Real and Carlsbad Village Drive, within
the City of Carlsbad, San Diego County, California, Assessor’s Parcel Number 167-090-69
(“Owner’s Property,,), and more particularly described in Exhibit “A”, attached hereto and
incorporated herein by reference.
2. The Citv’s Property. City currently owns that certain property located westerly of
the Owner’s Property and easterly of the El Camino Real right-of-way (“City’s Property,,), more
particularly described in Exhibit “B” attached hereto and incorporated herein by reference.
3. The Encroachment. City hereby covenants, agrees and grants its permission to
Owner to enter City’s Property for the purpose of constructing a slope and to allow said slope to
remain in a portion of City’s Property (“Encroachment”). A plat showing the location of the
Encroachment is attached as Exhibit “C” which is 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
landscaped condition at the sole cost, risk, and responsibility of the
Owner and its successors in interest.
(B) The Owner agrees 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 Encroachment and/or the construction,
maintenance, use, repair or removal of the slope installed hereunder,
including but not limited to any loss, damage, or expense arising out of
(1) loss or damages to property and (2) injury to or death of persons.
1
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
7143
0
(W
U3
4.
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
Owner’s Property.
Whatever rights and obligations were acquired by the City with respect to the City’s Property 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.
The Owner shall provide proof of liability insurance in the amount of one
million dollars and shall name the City as an additional insured under the
insurance policy. The insurance shall be provided by a company
satisfactory to the City.
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 LB/L-Concordia Carlsbad-19 LLC
City of Carlsbad Ste 200
1635 Faraday Avenue 7130 Avenida Encinas
Carlsbad CA 92008 Carlsbad CA 92009
which addresses may be changed from time to time by providing notice to the other party in the
manner described above.
6. City’s consent to or approval of any act or omission by Owner shall not Waiver.
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 Assiqns. 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. Discretionarv Aoprovals. Owner understand, acknowledges and agrees that the
City may choose to vacate, quitclaim, or otherwise dispose of the City’s Property, but that
nothing in this Agreement is, or shall be interpreted to be, an agreement by the City to approve
any vacation, quitclaim or other disposition of City Property or to approve any permit or to issue
any discretionary or ministerial approval.
2
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
9. Capacitv. 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
22nd day Of May ‘2001.
OWNER
LB/L-Concordia Carlsbad-19 LLC,
a Delaware limited liability company
By: LB/L-Concordia Master LLC,
A Delaware limited liability company
Its Initial Member
CITY OF CARLSBAD
a Municipal Corporation,
By: , CLAUDE A. LEWIS, Mayor
By: Concordia Communities, LLC,
a Delaware limited liability company ATTEST:
By: ;j
Don Underwood, Its Manager
(print name and title here)
APPROVED AS TO FORM:
RONALD R.
City Attorney
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
State of California
7145
County of San Diego )
On May 11, 2001 before me, Cathlynn E. AEuirre
(Date) (Name, Title of Officer)
personally appeared Don PO Underwood (Name[s] of Signer[s])
I
J
personally known to me - OR----(srpr~~~~Basisef-~a#s~eFy-ev~ to be
the person(s) whose name(s$ is/=subscribed to the within instrument and acknowledged to
me that h-executed the same in his/t-rerAh&r authorized capacity(ies$, and that by
his- signature&$ 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
G?&&l&?~ *
Signature of Nbfary 0 (This area for
official notary seal)
Notary Publlo - CaIYornir
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
7146
EXHIBIT “A”
PRO1 -050
OWNER’S PROPERTY
THAT CERTAIN PORTION OF LOT ‘J” OF RANCH0 AGUA HEDK)NDA, lN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
PARTITION MAP THEREOF NQ. 823 ON FILE IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, AND DESCRIBED IN DEED TO WAYNE
WILIARD CONNOR, RECORDEQ JUNE 21,1957 AS FILE NO. 92974 IN BOOK 6632,
PAGE 185 OF OFFlClAL RECORDS Of SAID SAN DIEGO COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE MOST EASTERLY CORNER OF SAID CONNORS LAND: THENCE
ALONG THE SOUTHEASTERLY LINE THEREOF, SOUTH 35’51’ 13” WEST (RECORD
SOUTH 34O 00’ WEST) 961.42 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY
LINE OF THAT CERTAIN SAN DIEGO COUNTY ROAD, AS SHOWN ON MAP OF ROAD
SURVEY NO. 1800-65, ON FILE IN THE OFFICE OF THE COUNTY SLiRVEYOR OF
SAID CWNN; THENCE ALONG SAfD RIGHT-OF-WAY LINE AS FOLLOWS:
NORTti 14” 01’ 47” WEST 355.38 FEET; NORTH 1 la 15’ 00” WEST 751.73 FEET TO THE
BEGINNING OF A TANGENT 35 FOOT RADIUS CURVE, CONCAVE EASTERLY;
NORTHERLY ALONG THE ARC OF SAID CURVE 36.12 FEET THROUGH A CENTRAL
ANGLE OF 590 07’ 48” AND LEAWNG TtiE ARC OF SAID CURVE, NORTH 1 lo 07’ 07”
WEST 11.59 FEET TO A POIM IN THE NORTHERLY LINE OF SAID CONNOR’S LAND;
THENCE ALONG SAID NORTHERLY LINE NORTH 6s0 51’ 13” EAST (RECORD NORTH
66” 00’ EAST) 217.01 FEET TO THE MOST NORTHERLY CORNER OF SAID LAND;
THENCE ALONG SAID NORTHERLY LINE THEREOF, SOUTH 54’ 00’ 47” EAST
(RECORD SOUTH 566 00’ EAST) 720.00 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THOSE PORTtONS GRANTED TO THE CiTY OF
CARLSBAD IN THOSE CERTAIN DEEDS, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY, AUGUST 25,1987 AS FILE NO. 87482007
AND OCTOBER 20,1969 AS FILE NO. 89-571683, BOTH OF OFFICIAL RECORDS, OF
SAID SAN DIEGO COUNTY.
Assessor’s Parcel No. 167-09&69
7147
EXHMT “B”
LEGAL DESCRlPllON
PR 01-050
ClIY’S PROPERTY
(EL CAMINO REAL)
1 PARCEL
A PORTION OF THE ROAD RIGHT-OF-WAY DESCRIBED IN PARCEL 66153-
C OF DOCUMENT NO. 143634, RECORDED SEPTEMBER 2,1966, O-R.,
OVER AND ACROSS THAT PORTION OF LOT “J” OF RANCH0 AGUA
HEDIONDA, LOCATED IN THE CITY OF CARLSBAD, COUNTY OF SAN
DIEGO, SJAJE OF CALIFORNIA, ACCORDING JO THE PARJIJION MAf
THEREOF NO. 823 ON FILE IN THE OFFJCE OF THE RECORDER OF SAID
COUNJY OF SAN DIEGO, DESCRIBED IN DEED TO WAYNE WILLARD CONNOR RECORDED JUNE 21,1957 AS DOCUMENT NO. 92974 IN BOOK
6632 PAGE 183 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 26 OF CHESTNUT
HEIGHTS, ACCORDING TO MAP THEREOF NO. 5328, ON FILE IN SAlD
COUNTY RECORDER’S OFFICE, THE SOUTHERLY LlNE,OF SAID LOT
HAVING A BEARING OF NORTH 89=14’42” WEST FROM SAID POINT,
CALIFORNIA COORDINATE SYSTEM ZONE 6 (NORTH 89”46’43” WEST PER
MAP 5328); THENCE NORTH 73*13’41” EAST 61.99 FEET TO THE
BEGINNING OF SAID CENTER LINE, SAID POINT HAVING COORDINATES
NORTH 364,137.828 AND EAST 1,672,983.535 PER SAID ZONE 6; THENCE
NORTH 16%‘19“ WEST 1543.09 FEET TO THE BEGINNING OF A TANGENT
CURVE JO JHE RIGHT HAVING A RADIUS OF 10,000 FEET; THENCE
NORTHERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
2“44’32” A DISTANCE OF 478.61 FEEJ; THENCE TANGENT JO SAID CURVE,
NORTH 14”01’47” WEST 105.74 FEET JO ENGINEER’S STATION 116+50,
THENCE CONJINUING ON A COURSE OF NORTH 14°01’47” WEST 22.21
FEET TO ENGINEER’S STATION 116+72.21; THENCE AT RIGHT ANGLES TO
SAID CENTER LINE NORTH 75’58’13 EAST 63 FEET TO POINT “B” ON JHE
EASTERLY LINE OF SAID 126-FOOT STRIP OF LAND, BEING THE MOSi
SOUTHERLY CORNER OF SAID CONNOR’S LAND; THENCE NORTH
14=01’47” WEST 352.94’ TO THE TRUE POINT OF BEGINNING; THENCE
NORTH 11”15’00” WEST 751.73 FEET JO THE BEGINNING OF A TANGENT
CURVE JO JHE RIGHT HAVING A RADIUS OF 35.00 FEET; THENCE
NORTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF
59”07’48” A DISTANCE OF 36.12 FEET JO POINT “‘A”, ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF CARLSBAD VILLAGE DRIVE, AND THE BEGINNING
Page 1 of2
. . 7148
OF A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAVING A RADIUS
OF 558.00 FEET, SAID CURVE BEING THE SOUTHERLY RIGHT-OF-WAY OF
CARLSBAD VILLAGE DRIVE A RADIAL TO SAID POINT BEARS NORTH
07’14’05” WEST; THENCE WESTERLY ALONG SAID CURVE, THROUGH A
CENTRAL ANGLE OF 04”04’59” A DISTANCE OF 39.76 FEET ; THENCE
CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY OF CARLSBAD
VILLAGE DRIVE, SOUTH 78’52’53 WEST 20.24 FEET TO THE BEGINNING
OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A
RADlAL TO SAID BEGINNING BEARS NORTH 1 l”o7’07” WEST; THENCE
SOUTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE
OF lOl”o3’29” A DISTANCE OF 44.09 FEET TO THE BEGINNING OF A
REVERSE CURVE HAVING A RADIUS OF 3063.00 FEET, CONCAVE WESTERLY, SAID CURVE BEING THE EASTERLY RiGHT-OF-WAY OF EL
CAMINO REAL, A RADIAL TO SAID BEGINNING BEARS SOUTH 67*49’24”
WEST; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT-OF-WAY OF
EL CAMtNO REAL THROUGH A CENTRAL ANGLE OF 08%8’49’ A DISTANCE
OF 435.53 FEET; THENCE SOUTH 14%1’47” EAST 321.77 FEET TO THE TRUE POINT OF BEGINNING.
~PYGLASS-MhPS’lEOALUGAL EGR VACATDN REWl .M
Page 2 of 2
EXHIBIT “C”
PRO)-050
TAIT 717 pier P&xl rq
Cdtiy, Inc. ~-~~
NORTH
!scAt.E l’= 150’
PARCEL 66153-C PER DDC. NO. 143634 REC. SEPTEMBER 2, 1966