HomeMy WebLinkAboutCUP 06-11; PRS Acquisitions and Construction LLC; 2007-0558091; Encroachment AgreementDQC# 2007-0558091
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
iililiilillillll
AUG 22, 2007
III!
8:11 AM
OFHCIAL RECORD1-";
SAN DIEGO COUNTY RECORDER'S OFFICE
G R E G 0 RY ,1 'B MIT H CO Ij N TY R E CO R D E R
FEES: 46.00
PAGES. 14
iiii
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 213-122-08,09
PROJECT ID: CUP 06-11
PROJECT NAME: Pacific Ridge School
RELATED PROJECT ID: PR 07-52
RELATED PROJECT ID:
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF
CARLSBAD ("City") and PRS Acquisitions and Construction, LLC, a California 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
within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-122-08, 09,
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
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 of 3 REV. 011/18/2005
(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 PRS Acquisitions and Construction, LLC
City of Carlsbad 12750 High Bluff Drive
1635 Faraday Avenue San Diego, CA 92130
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.
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.
— WITNESS WHEREOF, these parties hereto have executed this Agreement on this
IB' day of HAV 2007 .
OWNER
PRS Acquisitions and Construction, LLC
*JM> 0.1,
^ ^ (SianHe
By:
(Sign Here)
Phillip D. Hitch, Manager
(Print Name Here)
(Sign Here)
CITY OF CARLSBAD
ROBERT T. JOHNSON, JR., P.E.
Acting City Engineer
By: _
David A. Mauser, Deputy City Engineer
RCE 33081 Exp. 06/30/2008
(Print Name Here)
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
UepTjty City Aorney
3 of 3 REV. 011/18/2005
State of California
County of San Diego
On before me,i ]i<L- M .D
(Date)(Nante, Title of Officer)
personally appeared Pht'li'p 3>-
(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
Sidnpure of Notary
JULIE M. IHLAN
Comm. 11520995
NOTARY PUBUC-CAUFOWIA
JP
(This area for
official notary seal)
Title or Type of Document tefiPjcoQ rJanWlf (\C\f-CS nu>n+
Date of Document £>')£' O~7
Signer(s) other than named above
o
No. of Pages <->
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
Signature of Notary
BELINDA R. GUZMAN I
Commission #1565777 I
Notary Public - California \
San Diego County j
My Comm. Expires Mar 31,20091
(This area for
official notary seal)
EXHIBIT 'A'
LEGAL DESCRIPTION
PARCELS 2 AND 3 OF CARLSBAD TRACT MS 04-19A, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
MAP NO. 19958 THEREOF FILED IN THE OFFICE OF THE COUNTY RECORER
OF SAN DIEGO COUNTY ON MARCH 27, 2006.
PROJECT DESIGN CONSULTANTS 7<"BSn»lSu»a00
Planning I Landscape Architecture I Environmental I Engineering I Suivey
Sm Diego. CA 92101
619.235.6471 Tel
619234.0348 Fix
P:\3336\ENGR\EXHIBITS\PA_13-PAR_2-3_LEGAL_EXH-A.DWG 5/3/2007 1:26:23 PM
EXHIBIT "B"
LEGAL DESCRIPTION
BEING A PORTION OF PARCEL 2 AND PARCEL 3 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 SOUTHEASTERLY CORNER OF SAID PARCEL 3,
SAID CORNER ALSO BEING IN THE WESTERLY RIGHT-OF-WAY OF EL FUERTE
STREET AS SHOWN ON SAID PARCEL MAP; THENCE WESTERLY ALONG THE
SOUTHERLY LINE OF SAID PARCEL 3, NORTH 89°20'23" WEST 82.47 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHERLY PARCEL LINE, NORTH 89°20'23" WEST 33.23 FEET TO THE
INTERSECTION WITH A NON-TANGENT CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 141.00 FEET, A RADIAL LINE TO SAID CURVE BEARS
SOUTH 84°48'48" WEST; THENCE DEPARTING SAID SOUTHERLY PARCEL LINE,
AND NORTHERLY, 31.03 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 12°36'40"; THENCE TANGENT FROM SAID CURVE, NORTH 07°25'28"
EAST 16.62 FEET; THENCE SOUTH 82°34'32" EAST 3.00 FEET; THENCE NORTH
07°25'28" EAST 37.00 FEET; THENCE NORTH 82°34'32" WEST 3.50 FEET; THENCE
NORTH 07°25'28" EAST 15.00 FEET; THENCE SOUTH 82°34'32" EAST 3.50 FEET;
THENCE NORTH 07°25'28" EAST 116.02 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 1018.00 FEET; THENCE
NORTHERLY, 2.96 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
00°09'59"; THENCE TANGENT FROM SAID CURVE, NORTH 07°35'27" EAST 130.75
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 1018.00 FEET; THENCE NORTHERLY, 27.41 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 01°32'34"; THENCE TANGENT
FROM SAID CURVE, NORTH 09°08'01" EAST 62.09 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 318.00 FEET;
THENCE NORTHERLY, 6.85 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 01°14'03"; THENCE TANGENT FROM SAID CURVE, NORTH 10°22'04"
EAST 46.40 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 75.00 FEET; THENCE NORTHERLY, 33.83
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25°50'31"; TO THE
BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY AND
HAVING A RADIUS OF 105.00 FEET, A RADIAL LINE TO SAID CURVE BEARS
NORTH 74°31'33" EAST; THENCE NORTHWESTERLY, 1.56 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 00°50'58" TO A POINT IN SAID CURVE
WHICH BEARS A RADIAL LINE OF NORTH 73°40'35" EAST; THENCE DEPARTING
SAID CURVE SOUTH 69°12'50" WEST 19.21 FEET; THENCE NORTH 20°47'10"
WEST 10.00 FEET; THENCE NORTH 69°12'50" EAST 19.51 FEET TO THE
INTERSECTION WITH A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY
AND HAVING A RADIUS OF 105.00 FEET, A RADIAL LINE TO SAID CURVE BEARS
Page 1 of 3
NORTH 68°12'55" EAST; THENCE NORTHWESTERLY, 8.60 FEET ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 04°41'30"; THENCE TANGENT FROM
SAID CURVE, NORTH 26°28'35" WEST 17.35 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 135.00 FEET;
THENCE NORTHERLY, 76.20 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 32°20'20"; THENCE TANGENT FROM SAID CURVE NORTH 05°51'45"
EAST 17.70 FEET; THENCE NORTH 72°12'04" WEST 10.21 FEET TO THE
INTERSECTION WITH A NON-TANGENT CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 145.00 FEET, A RADIAL LINE TO SAID CURVE BEARS
NORTH 83°18'12" WEST; THENCE NORTHERLY, 20.00 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 07°54'10"; THENCE DEPARTING SAID CURVE,
SOUTH 75°24'02" EAST 10.00 FEET TO THE INTERSECTION WITH A NON-
TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF
135.00 FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 75°24'02" WEST;
THENCE NORTHEASTERLY, 180.07 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 76°25'31" TO THE BEGINNING OF A REVERSE CURVE
CONCAVE NORTHERLY AND HAVING A RADIUS OF 30.00 FEET, A RADIAL LINE
TO SAID CURVE BEARS SOUTH 01°01'29" WEST; THENCE EASTERLY, 4.17 FEET
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°58'01"; THENCE
DEPARTING SAID CURVE, SOUTH 19°12'33" EAST 6.57 FEET; THENCE SOUTH
24.52 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
SOUTHERLY AND HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE TO SAID
CURVE BEARS NORTH 11°25'14" EAST; THENCE WESTERLY, 2.86 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 08°11'53" TO THE BEGINNING OF
A COMPOUND CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 105.00
FEET, A RADIAL LINE TO SAID CURVE BEARS NORTH 03°13'21" EAST; THENCE
SOUTHWESTERLY AND SOUTHERLY, 160.10 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 87°21'36"; THENCE TANGENT FROM SAID
CURVE, SOUTH 05°51'45" WEST 17.70 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 105.00 FEET; THENCE
SOUTHERLY, 6.63 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
03°37'02"; THENCE DEPARTING SAID CURVE, SOUTH 87°45'17" EAST 10.00 FEET
TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE TO SAID CURVE BEARS
NORTH 87°45'17" WEST; THENCE SOUTHERLY, 29.56 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 17°49'51"; THENCE DEPARTING SAID CURVE,
SOUTH 74°24'52" WEST 10.00 FEET TO THE INTERSECTION WITH A NON-
TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
105.00 FEET, A RADIAL LINE TO SAID CURVE BEARS SOUTH 74°24'52" WEST;
THENCE SOUTHERLY, 19.96 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 10°53'27"; THENCE TANGENT FROM SAID CURVE, SOUTH 26°28'35"
EAST 17.35 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 135.00 FEET; THENCE
SOUTHEASTERLY, 25.92 FEET ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 11°00'08" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE
SOUTHWESTERLY AND HAVING A RADIUS OF 105.00 FEET A RADIAL LINE TO
SAID CURVE BEARS NORTH 74°31'33" EAST; THENCE SOUTHEASTERLY, 9.62
FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°14'49" TO A
POINT IN SAID CURVE WHICH BEARS A RADIAL LINE OF NORTH 79°46'22" EAST;
Page 2 of 3
THENCE DEPARTING SAID CURVE SOUTH 84°08'15" EAST 70.75 FEET TO THE
INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY OF EL FUERTE STREET,
79.00 FEET IN WIDTH AS SHOWN ON SAID PARCEL MAP; THENCE SOUTHERLY
ALONG SAID WESTERLY RIGHT-OF-WAY, SOUTH 05°51'45" WEST 20.00 FEET;
THENCE DEPARTING SAID WESTERLY RIGHT-OF-WAY, NORTH 84°08'15" WEST
67.03 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
WESTERLY AND HAVING A RADIUS OF 105.00 FEET, A RADIAL LINE TO SAID
CURVE BEARS SOUTH 89°06'34" EAST; THENCE SOUTHERLY, 17.37 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 09°28'38"; THENCE TANGENT
FROM SAID CURVE SOUTH 10°22'04" WEST 46.40 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 288.00
FEET; THENCE SOUTHERLY, 6.20 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 01°14'03"; THENCE TANGENT FROM SAID CURVE SOUTH
09°08'01" WEST 62.09 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE EASTERLY AND HAVING A RADIUS OF 988.00 FEET; THENCE
SOUTHERLY, 26.60 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01°32'34"; THENCE TANGENT FROM SAID CURVE, SOUTH 07°35'27" WEST 130.75
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND
HAVING A RADIUS OF 988.00 FEET; THENCE SOUTHERLY, 2.87 FEET ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 00°09'59"; THENCE TANGENT
FROM SAID CURVE SOUTH 07°25'28" WEST 184.64 FEET TO THE BEGINNING OF
A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 108.00
FEET; THENCE SOUTHERLY, 27.16 FEET ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 14°24'25" TO THE TRUE POINT OF BEGINNING.
CONTAINS 0.631 ACRE, MORE OR LESS
DATE:
RONALD E. ROTH, PLS 5506
(MY LICENSE EXPIRES 09-30-2008)
Page 3 of 3
EXHIBIT 'B'
LEGAL DESCRIPTION:
BEING PORTIONS OF PARCELS 2 AND 3 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.
LEGEND:
P.O.C.
T.P.O.B.
(PRO)
(PCC)
(R)
INDICATES AREA OF EASEMENT
DEDICATION 0.631 ACRES, MORE OR LESS
INDICATES STREET RIGHT-OF-WAY
DEDICATION PER PR 07-05
INDICATES POINT OF COMMENCEMENT
INDICATES TRUE POINT OF BEGINNING
INDICATES POINT OF REVERSE CURVE
INDICATES POINT OF COMPOUND CURVE
INDICATES RADIAL
RONALD E. ROTHLICENSE: EXPIRES 9/20/2008 DATE
PROJECT DESIGN CONSULTANTS
Planning I Landscape Architecture I Environmental I Engineering I Survey
701BSttMt,Sute800
019.235.6471 Tri
S*iW*go,CA 92101
619.234.0349 Fax
SHEET 1 OF 3
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
Son Diego, CA 92130
P: \JJJ6\MAPPING\PIATS\3336_PA 13_ESMT-DED_PCL2-3.dwq Jul 16, 2007
SEE DETAIL EXHIBIT 'B'
4=76-2531
R= 135.00
L=180.07'
N75"24'02W(R)
10.00'
C5
N7212'04"W 10.21
A/05'5/'45"£ 17.70'
A=32'2020
R= 135.00' L
NW2204"E
R=1018.00
A=OOW59
L=2.96'
418.02
T.P.O.B.
LOT 20
NO.
LI
L^
L3
L4
L5
L6
L7
L8
L9
LW
L11
LI 2
LI 3
LI 4
LI 5
BEARING
N07?5'28"E
N82'34'32"W
NOT25'28"E
N82'34'32"W
NOr25'28'E
N82'M2"E
505-51 '45'W
S87-45'f7T
S74-24'52"W
N26W35-W
N84-08'15"W
N05-51'45'E
N84V8'15"W
NW22'04"E
NWM'OrE
LENGTH
16.62'
3.00'
37.00'
3.50'
15.00'
3.50'
17.70'
10.00'
10.00'
17.35'
70.75'
20.00'
67.03'
46.40'
62.09'
NO.
C1
t2
C3
t4
C5
C6
tt
t8
&
CIO
C11
C12
Cl3
C14
CIS
DELTA
12'36'40"
01'32'34"
0114-03'
25-50'31"
07^4'W
03'37'02"
ir-49'51"
W53'27-
11W08"
0514'49"
09-28'38"
0114'03"
01-32'34"
OOW59"
14?4'2S"
RADIUS
141.00'
1018.00'
318.00'
75.00'
145.00'
105.00'
95.00'
105.00'
135.00'
105.00'
105.00'
288.00'
988.00'
988.00'
108.00'
LENGTH
31.03'
27.41'
6.85'
33.83'
20.00'
6.63'
29.56'
19.96'
25.92'
9.62'
17.37'
6.20'
26.60'
2.87'
27.16'
N89W23
PCL
CARLSBAD
MAP
TRACT CT 00-08
NO, 14600
SHEET 2 OF 3
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
Son Diego, CA 92130
P: \3336\MAPPING\PLATS\3JJ6_PA 13_ESMT-DED_PCL2-3.Exh.B_EURA.dwo Jul 16, 2007
EXHIBIT 'B'
N20'47'10"W<
10.00'
4=00*50 55 \
R= 105.00' •
L=1.56'
DETAIL 'A'
NOT SCALE
4=087/'5J
R=20.00'
1=2.86'
tt
N1T25'14°E(R)
DETAIL 'B'
NOT SCALE
SHEET 3 OF J
APPLICANT:
PRS Acquisition & Constr.
12750 High Bluff Drive,
Suite 200
San Diego, CA 92130
P:\3336\MAPPING\PLATS\3336_PA13_ESMT-DED_PCL2-3.Exh.B_EMRA.dwQ Jul 16, 2007
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