HomeMy WebLinkAboutCUP 06-11; Church of Jesus Christ of Latter-Day Saints; 2007-0514843; Encroachment AgreementDOCtf 2007-0514843
RECORDING REQUESTED BY:
City of Carlsbad
Development Services
Department
WHEN RECORDED MAIL TO:
City Clerk
City of Carlsbad
1200 Carlsbad village Dr.
Carlsbad, CA. 92008
AUG01,2007 12.16 PM
Of FILIAL RtLUhD'j
SAT) L'lPjL COUNTY FitLORDtR'S OFFICE
G HF G 0 •'-,,'.] S Mi r H , CO UHTYRE CORD ER
TEES 37 00
iiiiiiiiiiiiiiiiiiiiiM
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO. : 213-1 22-1 0
PROJECT ID: CUP 06-11
PROJECT NAME: Pacific Ridge School
RELATED PROJECT ID: PR 07-51
RELATED PROJECT ID:
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF
CARLSBAD ("City") and Corporation of the Presiding Bishop of the Church of Jesus Christ of
Latter-Day Saints, a Utah Corporation Sole ("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
within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-122-10, 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 General Utility and Access and Public Street and Public Utility
purposes which easements are 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 for proposed private storm drain, private gate, private water services, and
landscape and irrigation with a public general utility easement, and existing private storm
drain within a public street and utility easement to remain in a portion of the Public General
Utility and Access and Public Street and Public Utility easements. 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
1 of 3 REV. 011/18/2005
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 Corporation of the Presiding Bishop of the
City of Carlsbad Church of Jesus Christ of Latter-Day
1635 Faraday Avenue Saints, a Utah Corporation Sole
Carlsbad CA 92008 50 East North Temple Street, Suite 1256
Salt Lake City, UT 84150
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 Of 3 REV. 011/18/2005
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.
rl*IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this
day of _, 20^7 .
OWNER
Corporation of the Presiding Bishop of the
Church of Jesjus Christ of Latter-Day Saints, a
Utah Corporation Sole^
By: U-W h (
, Authorized Agent
(Print Name
APPROVED AS TO
RONALD R. BALL
City Attorney
By Ml
V rx_.._. .4.., /•
CITY OF CARLSBAD
ROBERT T. JOHNSON, JR., P.E.
Acting City Engineer/
By: .
David A. Hauser, Deputy City Engineer
RCE 33081 Exp. 06/30/2008
3 of 3 REV. 011/18/2005
STATE OF UTAH
COUNTY OF SALT LAKE)
On this 4th day of June,2007, before me, D. Todd Evans, Notary Public, personally appeared Terry
F. Rudd, personally known to me to be the Authorized Agent of the Corporation of the Presiding
Bishop of The Church of Jesus Christ of Latter-Day Saints, a Utah Corporation Sole, who duly
acknowledged to me that he signed the foregoing instrument as Authorized Agent for said
Corporation, that the seal impressed on the within instrument is the seal of said Corporation, and the
said Terry F. Rudd acknowledged to me that the said Corporation executed the same.
D. TODD EVANS
NOTARY PUBLIC - STATE OF UTAHSO E North Temple, 12th floorSalt Lake Oty/UT 84150My Comm. Exp. 09/06/2008 Notary Public
My commission expires: O^ 0(f ^
State of California )
)
County of San Diego )
On July 2, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared
David Mauser personally known me to be the person whose name is subscribed to the
within instrument and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person, or entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal BELINDA R. GUZMAN I
Commission #1566777 I
Notary Public - California \
San Diego County i
My Comm. Expires Mar31,2009|
Signature of Notary
(This area for
official notary seal)
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCEL 4 OF MS-04-19A ACCORDING TO PARCEL MAP
19958 THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY ON MARCH 27, 2006.
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Environmental I Engineering I Survey
TOIBStrwt SutoSOO
Sm Dtago, CA 82101
eie.235.6471 Tol
6192340349 Fax
P: \3336\ENGR\EXHIBITS\PA_13-PAR_4_LEGAL_EXH-A.DWG 5/3/2007 1:26:23 PM
EXHIBIT "B"
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL 4 OF CITY OF CARLSBAD MS 04-19A, IN THE
CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
ACCORDING TO PARCEL MAP THEREOF NO. 19958, FILED IN THE OFFICE OF
THE COUNTY RECORDER OF SAN DIEGO COUNTY MARCH 27, 2006, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID PARCEL 4,
SAID CORNER ALSO BEING IN THE WESTERLY RIGHT-OF-WAY OF EL FUERTE
STREET AS SHOW ON SAID PARCEL MAP NO. 19958; THENCE WESTERLY
ALONG THE NORTHERLY LINE OF SAID PARCEL 4, NORTH 89°20'23" WEST 80.45
FEET TO THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING IN A NON-
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 106.00 FEET,
A RADIAL LINE TO SAID CURVE BEARS NORTH 82°52'20" EAST; THENCE
DEPARTING SAID NORTHERLY PARCEL LINE AND SOUTHERLY, 8.38 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04°31'55" TO A POINT IN
SAID CURVE WHICH BEARS A RADIAL LINE OF NORTH 78°20'25" EAST; THENCE
DEPARTING SAID CURVE, NORTH 78°11'52" EAST 6.82 FEET; THENCE SOUTH
84°08'15" EAST 71.41 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT-
OF-WAY LINE OF SAID EL FUERTE STREET; THENCE SOUTHERLY ALONG SAID
WESTERLY RIGHT-OF-WAY LINE, SOUTH 05°51'45" WEST 20.00 FEET; THENCE
DEPARTING SAID WESTERLY RIGHT-OF-WAY LINE, NORTH 84°08'15" WEST 68.30
FEET; THENCE SOUTH 78°11'52" WEST 3.72 FEET; THENCE SOUTH 11°48'08"
EAST 5.89 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 134.00 FEET; THENCE SOUTHERLY, 39.75
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°59'47"; THENCE
TANGENT FROM SAID CURVE, SOUTH 05°11'39" WEST 119.16 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 214.00 FEET; THENCE SOUTHERLY, 96.73 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 25°53'52"; THENCE TANGENT FROM SAID
CURVE, SOUTH 31°05'31" WEST 48.74 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 196.00 FEET;
THENCE SOUTHWESTERLY, 26.38 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 07°42'45" TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE EASTERLY AND HAVING A RADIUS OF 17.00 FEET, A RADIAL LINE TO
SAID CURVE BEARS NORTH 66°37'14" WEST; THENCE SOUTHEASTERLY, 28.45
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 95°52'48"; THENCE
TANGENT FROM SAID CURVE SOUTH 72°30'02" EAST 37.25 FEET; THENCE
NORTH 62°30'06" EAST 13.39 FEET; THENCE SOUTH 03°03'16" EAST 9.65 FEET;
THENCE SOUTH 17°02'24" WEST 30.67 FEET; THENCE SOUTH 38°03'11" WEST
9.46 FEET; THENCE NORTH 27°30'11" WEST 12.86 FEET; THENCE NORTH
72°30'02" WEST 32.95 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 17.00 FEET; THENCE
WESTERLY AND SOUTHWESTERLY, 31.09 FEET ALONG SAID CURVE THROUGH
Page 1 of 2
A CENTRAL ANGLE OF 104°46'46" TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE EASTERLY AND HAVING A RADIUS OF 196.00 FEET, A RADIAL LINE TO
SAID CURVE BEARS NORTH 87°16'48" WEST; THENCE SOUTHERLY, 4.31 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01°15'31"; THENCE
DEPARTING SAID CURVE, SOUTH 88°32'19" EAST 3.00 FEET; THENCE SOUTH
01°27'41" WEST 10.48 FEET; THENCE NORTH 88°32'19" WEST 3.00 FEET; THENCE
SOUTH 01°27'41" WEST 41.98 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE WESTERLY AND HAVING A RADIUS OF 214.00 FEET; THENCE
SOUTHERLY, 66.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
17°52'38"; THENCE TANGENT FROM SAID CURVE SOUTH 19°20'19" WEST 7.13
FEET; THENCE SOUTH 70°39'41" EAST 3.00 FEET; THENCE SOUTH 19°20'19"
WEST 19.58 FEET TO THE INTERSECTION WITH THE NORTHERLY RIGHT-OF-
WAY OF PALMETTO DRIVE AS SHOWN ON SAID PARCEL MAP, SAID
INTERSECTION ALSO BEING IN A NON-TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 48.00 FEET, A RADIAL LINE TO
SAID CURVE BEARS NORTH 71°14'02" EAST; THENCE NORTHWESTERLY, 38.70
FEET ALONG SAID CURVE AND RIGHT-OF-WAY THROUGH A CENTRAL ANGLE
OF 46°11'30" TO A POINT IN SAID CURVE WHICH BEARS A RADIAL LINE OF
NORTH 25°02'32" EAST; THENCE DEPARTING SAID CURVE AND RIGHT-OF-WAY
LINE, NORTH 19°20'19" EAST 8.57 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 184.00 FEET; THENCE
NORTHERLY, 57.41 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
17°52'38"; THENCE TANGENT FROM SAID CURVE NORTH 01°27'41" EAST 52.46
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY
AND HAVING A RADIUS OF 226.00 FEET; THENCE NORTHERLY, 116.88 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 29°37'50"; THENCE
TANGENT FROM SAID CURVE NORTH 31°05'31" EAST 48.74 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 184.00 FEET; THENCE NORTHERLY, 83.17 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 25°53'52"; THENCE TANGENT FROM SAID
CURVE NORTH 05°11'39" EAST 119.16 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 104.00 FEET; THENCE
NORTHERLY, 30.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
16°59'47" ; THENCE TANGENT FROM SAID CURVE NORTH 11°48'08" WEST 20.89
FEET; THENCE SOUTH 78°11'52" WEST 5.00 FEET; THENCE NORTH 11°48'08"
WEST 4.74 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 141.00 FEET; THENCE
NORTHERLY, 16.28 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
06°36'56" TO THE INTERSECTION WITH THE NORTHERLY LINE OF SAID PARCEL
4, A RADIAL LINE TO SAID CURVE BEARS SOUTH 84°48'48" WEST; THENCE
EASTERLY ALONG THE NORTHERLY LINE OF SAID PARCEL 4, SOUTH 89°20'23"
EAST 35.24 FEET TO THE TRUE POINT OF BEGINNING.
ORE OR LESS
DATED: Ol ffbfa 7
RONALD E. ROTH, LS 5506
(MY LICENSE EXPIRES 09/30/2008)
Page 2 of 2
EXHIBIT 'B'
LEGAL DESCRIPTION:
BEING A PORTION OF PARCEL 4 OF PARCEL MAP
19958
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS PLAT IS A PORTION
OF THE EASTERLY LINE OF PARCEL 2 PER PM 19958
Le. N05'51'45"E
LEGEND:
fT V INDICA TES AREA OF EASEMENT DEDICA TION
0.483 ACRES, MORE OR LESS
INDICATES STREET RIGHT-OF-WAY
DEDICATION PER PR 07-06
P.O.C. INDICATES POINT OF COMMENCEMENT
T.P.O.B. INDICATES TRUE POINT OF BEGINNING
(PCC) INDICATES POINT OF COMPOUND CURVE
(R) INDICATES RADIAL
RONALD E. ROTH
LICENSE EXPIRES 9/30/2008
DATE
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Environmental I Engineering I Survey
701 B Street, Suto 800
619^364471 Tel
SHiDtogQ,CA 82101
618^34.0349 Fta
SWEET/ OF2
APPLICANT:
PRS Acquisition it Constr.
12750 High Bluff Drive,
Suite 200
San Diego, CA 92130
NO.
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
BEARING
N19-20'19"E
N01"27'41"E
Nir48'08"W
N7811'52"E
NH'48'08"W
N31-05'31"E
N72'30'02"W
N72'30'02"W
N01"27'41"E
N19"20'19"E
N70'39'41"W
N19?0'19"E
LENGTH
8.57'
52.46'
20.89'
5.00'
4.74'
48.74'
37.25'
32.95'
41.98'
7.13'
3.00'
19.58'
T.P.
N8IJ
c
sC^
EXHIBIT 'B'
N89-20'23
418.02
SEE DETAIL 'A'
PM 19958
R=184.00'
L=83.17'
N31V5'31"E
48.74'
? SEE DETAIL 'B'
A=29'37'5&
R=226.00'
L=116.88'
SEE DETAIL 'C'
N84'46'51'W
PALMETTO
DRIVE
CARLSBAD TRACT
/' /CT 02-14
NO, 14779
NO.
C1
C2
C3
C4
C5
C6
C7
C8
C9
C10
C11
C12
C13
DELTA
207'31'32"
19'49'23"
4611'30'
17-52'38'
W59'47"
06'36'56"
16'59'47"
25'53'52"
07'42'45"
95"52'48"
104'46'46"
17-52'38"
1012'17"
RADIUS
48.00'
48.00'
48.00'
184.00'
104.00'
141.00'
134.00'
214.00'
196.00'
17.00'
17.00'
214.00'
628.00'
LENGTH
173.86'
16.61'
38.70'
57.41'
30.85'
16.28'
39.75'
96.73'
26.38'
28.45'
31.09'
66.77'
111.85'
4=07 75'J/
R=196.00\.
L=4.31' \N
VI
N88'32'19"W(R) 3.00'
NBriewwfpccl
-27'41'E 10.48'
'88'32'19"W 3.00'
DETAIL 'C'
NO SCALE
4=04*37'55"
R=106.00'
L=8.38'
N89-20'23"W \ N7811'52"E
+ 35.24',
S$t
Nir4808"W,5.89 N84V8J568.30'
'A/7571'52"E
3.72'
DETAIL 'A'
N62'30'Q6'E
t
NO SCALE
CARLSBAD TRACT
CT 00-08
MAP NO, 14800
N27'30'11"W 12.86
N38'03'11''E 9.46'
DETAIL
N03V3'16"W
9.65
17-02'24'E
30.67'
NO SCALE
SHEET 2 OF 2
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
San Diego, CA 92130