HomeMy WebLinkAboutCUP 258B; KSL La Costa Resort Corporation; 2005-0183378; Encroachment AgreementDOC # 2005-01 83378
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
MAR 04,2005 452 PM
OFFICIAL RECORDS
SAN DIEGO COIJtdT'Y RECORDER'S OFFICE GREGORY J SMITH, COUNTY RECORDER FEES 0 00 PAGES. 7
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SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 216-123-07
PROJECT NO. & NAME: CUP 258fBl
La Costa Resort & Spa, Valet Loop Improvements
PR 02-0144
RIGHT-OF-WAY PERMIT NO.: Nla
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and KSL La Costa Resort Corporation, a Delaware
Corporation ("Owner"), in accordance with Chapter 11 .I6 of the Carlsbad Municipal Code.
1. The Property. Owner is the owner of that certain real property located at 2100
Costa Del Mar Road, within the City of Carlsbad, San Diego County, California,
Assessor's Parcel Number 21 6-1 23-07, and more particularly described in Exhibit "A', attached
hereto and incorporated herein by reference.
2. The Easement. City currently owns an existing public waterline easement 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 a private retaining wall to remain in a portion of the public waterline
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.
(6) 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
MASTERS/FORMS/ENCROACHMENT AGREEMENT
I
REV. 12/24/97
ten (IO) 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
he 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
lgreement shall be sent in writing by United States mail, first class, postage pre-paid,
egistered or certified with return receipt requested, or by other comparable commercial means
rnd addressed as follows:
If to the City: If to the Owner:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
KSL La Costa Resort Corporation
2100 Costa Del Mar Road
Carlsbad, CA 92009
vhich addresses may be changed from time to time by providing notice to the other party in the
nanner described above.
6. Waiver. City's consent to or approval of any act or omission by Owner shall not
:onstitUte a waiver of any other default by Owner and shall not be deemed a waiver or render
innecessary City's consent for approval to any subsequent act by Owner. Any waiver by City of
my default must be in writing and shall not be a waiver of any other default concerning the
iame or any other provision of the Agreement.
7. Successors and Assigns. This Agreement shall be binding and inure to the
ienefit of the parties hereto and their respective legal representatives, successors, and
issigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to
he property, but any failure to do so does not invalidate this provision.
It
It
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IASTERSIFORMSIENCROACHMENT AGREEMENT
2 REV. 12/24/97
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 WIT S WHEREOF, this parties hereto have executed this Agreement on this & day of %Luu ,2007
1 MASTERSIFORMSIENCROACHMENT AGREEMENT
OWNER:
KSL La Costa Resort Corporation,
/ A Delaware Corporation
By:
CITY OF CARLSBAD
By:
By:
Name:
Title:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
By:
City Attorn
3 REV. 12/24/97
State of California ) 1
County of San Diego 1
before me, /UUhZ JA U &-a<, I&&(/ I
personally appeared rd uses I
(Name, Title of Officer)
(Name[s] of Signer[s])
personally known to me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person@) whose name(s) islare 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@) on the instrument the person@), or entity upon behalf of which the
person@) acted, executed the instrument.
WITNESS my hand and official seal
(This area for
official notary seal)
1 Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
1
MASTERSlFORMSlENCROACHMENT AGREEMEN1
4 REV. 12/24/97
EXHIBIT ‘A’
LEGAL DESCRIPTION
A PORTION OF SECTION 26 AND SECTION 35 IN TOWNSHIP 12 SOUTH,
RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA.
EXHIBIT ‘B’
WATER EASEMENT LEGAL DESCRIPTION
IO-FOOT WATER EASEMENT TO CARLSBAD MUNICIPAL WATER DISTRICT
RECORDED ON OCTOBER 23,1987 AS DOCUMENT NO. 87-598022.
EXHIBIT 'Cy
20 10 0 20. 40 60
GRAPHIC SCALE l'= 20' PLAT SHOWING ENCROACHMENTS INTO WATER EASEMENT