HomeMy WebLinkAboutMS 02-08; Los Coches Village LLC; 2005-0288027; Encroachment AgreementRECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
DOC # 20054238027 I llllllll Ill 11111 lllll IIIII IIIII 11111 lllll11111ll1ll Ill11 111ll Ill1 1111
APR 07,2005 4:46 PM
0 FFl ClAL RE CO RDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGURY J. SMITH, COUNTY RECORDER
PAGES: FEES: 0.00 9 n- "'I 1y PIF
SPACE ABOVE THIS LINE FOR RECORDERS USE
ASSESSOR'S PARCEL NO.: 255-031 -20
PROJECT NO. & NAME: MS 02-08
Los Coches Village
Hilfiker Retaining Wall Encroachment
RIGHT-OF-WAY PERMIT NO.: RW 04-0159
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Los Coches Village, LLC, a New York 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 the
southeast corner of Rancho Santa Fe Road and Camino de 10s Coches, within the City of
Carlsbad, San Diego County, California, Assessor's Parcel Number 255-031 -20, 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 road and public utility purposes for Rancho Santa Fe Road,
as described in Exhibit "6' attached hereto and incorporated by reference.
3. The Encroachment, City hereby covenants and agrees and grants its permission
to Owner to allow a private Hilfiker retaining wall to remain in a portion of the public road and
public utility 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 Owner, and its successors in interest, shall own and maintain the
vertical face of the Hilfiker retaining wall supporting Rancho Santa Fe
Road as constructed pursuant to dwg 417-1A, which is on file with the
City Engineer. Owner shall maintain the vertical steel grid component of
the Hilfiker retaining wall necessary to support the public roadway
improvements along Rancho Santa Fe Road as described in Exhibit "D".
Owner shall maintain all landscaping and irrigation on the face of the
retaining wall and along the base of the retaining wall within the limits of
the maintenance and access easement granted to the City of Carlsbad
pursuant to PR 04-71 recorded against APN 255-031-26. The owner
shall install the encroachment to the satisfaction of the City Engineer.
1
MASTERS/FORMS/ENCROACHMENTAGREEMENT REV. 12/24/97
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.
The Owner shall perform regular maintenance of the encroachment and
repair any damaged portion of the encroachment within ten (IO) days or
such other time as specified in the notice after receipt of it from the City
Engineer, or if Owner does not perform such maintenance, the City
Engineer may cause such work to be done and the reasonable cost
thereof shall constitute a lien upon the property.
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.
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
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
Los Coches Village, LLC
c/o CW Clark, Inc.
41 80 La Jolla Village Dr., Ste 405
La Jolla, CA 92037
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 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.
MASTERSEORMSENCROACHMENTAGREEMENT
2
REV. 12/24/97
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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 WITNESS WHEREOF, this parties hereto have executed this Agreement on this
3/ dayof /rM& ,20 05.
Los Coches Village, LL-
Name: Craig W. Clark \
Title: President and Secretary
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
CITY OF CARLSBAD
By: -H WZii L
py;i LLOYD B. IBUBBS, PE.
City Engineer
3 I MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97
State of California )
)
County of San Diego 1
On J?deI*$before me, hW& d. +4.-zbJ I
(Date) (Name, Title of Officer)
personally appeared &.& kL%QlAL ,
(Name[s] @Signer[s])
personally known to me -8R Inr a) to be
the person(&) whose name(@ islafe subscribed to the within instrument and acknowledged to
me that he/- executed the same in his/hwAhew authorized capacity(k), and that by
his/har/t.hair signature($) 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)
Title or Type of Document
Date of Document
Signer(s) other than named above
No. of Pages
4 I MASTERSlFORMSlENCROACHMENT AGREEMENT REV. 12/24/97
~ ~~
J- 13746
EXHIBIT "A"
LOS COCHES VILLAGE
OFFSITE RANCHO SANTA FE ROAD EASEMENT
That portion of Parcel 2 of Parcel Map No. 13970, in the City of Carlsbad, County
of San Diego, State of California, filed in the Office of the County Recorder of
San Diego County, more particularly described as follows:
Beginning at the Northwest corner of said Parcel 2, being a point on the
Southeasterly Right-of-way line of Rancho Santa Fe Road as shown on said
Parcel Map No. 13970; thence along the Northerly line of said Parcel 2 North
81 "08'40'' East (North 81 O 12'05" East per record) 18.17 feet to the beginning of
a non-tangent 1568.50 foot radius curve concave Northwesterly, to which a
radial line bears South 64"41'49" East; thence Southwesterly along the arc of
said curve through a central angle of 14'42'16" a distance of 402.54 feet to the
beginning of a compound 240.00 foot radius curve concave Northwesterly;
thence Southwesterly along the arc of said curve through a central angle of
10'37'16" a distance of 44.49 feet; thence South 50'37'42" West 42.06 feet to
the beginning of a tangent 360.00 foot radius curve concave Southeasterly;
thence Southwesterly along the arc of said curve through a central angle of
06"04'08'' a distance of 38.13 feet; thence North 45'26'50" West 3.00 feet to
said Southeasterly Right-of-way line and the beginning of a non-tangent 1553.50
foot radius curve concave Northwesterly, to which a radial line bears South
45O26'50'' East; thence Northeasterly along the arc of said curve and said
Southeasterly Right-of-way line through a central angle of 18'52'25" a distance
of 511.73 feet to the Point of Beginning.
Containing 0.162 acres, more or less.
Jb/13746a.001
lof2
J-13746
LOS COCHES VILLAGE
OFFSITE RANCHO SANTA FE ROAD
CONSTRUCTION AND MAINTENANCE EASEMENT
That portion of Parcel 2 of Parcel Map No. 13970, in the City of Carlsbad, County of San
Diego, State of California, filed in the Office of the County Recorder of San Diego
County, more particularly described as follows:
Commencing at the Northwest corner of said Parcel 2, being a point on the
Southeasterly Right-of-way line of Rancho Santa Fe Road as shown on said Parcel Map
No. 13970; thence along the Northerly line of said Parcel 2 North 81'08'40" East (North
81'12'05" East per record) 18.17 feet to the TRUE POINT OF BEGINNING; thence
continuing North 81'08'40" East 18.09 feet to the beginning of a non-tangent 1583.50
foot radius curve concave Northwesterly, to which a radial line bears South 65'03'52''
East; thence Southwesterly along the arc of said curve through a central angle of
15'23'14" a distance of 425.26 feet to the beginning of a compound 202.00 foot radius
curve concave Northwesterly; thence Southwesterly along the arc of said curve through
a central angle of 09'52'23'' a distance of 34.81 feet; thence South 50'11'44'' West
59.33 feet; thence South 61'48'54" West 41.73 feet; thence South 55'28'43'' West
43.10 feet to said Southeasterly Right-of-way line also being the beginning of a non-
tangent 1553.50 foot radius curve concave Northwesterly, to which a radial line bears
South 43'15'52'' East; thence Northeasterly along said Right-of-way line the arc of said
curve through a central angle of 02'10'58" a distance of 59.18 feet; thence leaving said
Right-of-way line South 45'26'50'' East 3.00 feet to the beginning of a non-tangent
360.00 foot radius curve concave Southeasterly, to which a radial tine bears North
45'26'26'' West; thence Northeasterly along the arc of said curve through a central
angle of 06'04'08" a distance of 38.13 feet; thence North 5OO37'42'' East 42.06 feet to
the beginning of a tangent 240.00 foot radius curve concave Northwesterly; thence
Northeasterly along the arc of said curve through a central angle of 10'37'16" a distance
of 44.49 feet to the beginning of a compound 1568.50 foot radius curve concave
Northwesterly; thence Northeasterly along the arc of said curve through a central angle
of 14'42'16" a distance of 402.54 feet to the TRUE POINT OF BEGINNING.
Containing 0.191 acres, more or less.
i.
3 -#v- 44
B'mes M. Coram, L:S. 5059
Jb/13746a .001 Page 2 of 2
EASEMENT AREA
EASEMENT
NW CORNER OF PARCEL 2 PM 13970
/
CONSTRUCTION & MAINTENANCE EASEMENT
COURSE TABLE
........................
L1 N 45'26'50"W
CURVE TABLE
............................
I 3ICK ENGINEERING COMPANY
WIL ENGINEERS. SURVEYORS-PLANNERS
i620 FRIARS ROAD, SAN DlEGO :A. 92110-2596 PHONE: (619) 291-0707
'ROJECT NUMBER1 13746 I
APN 255-031-26
PAI'ZGEL 2 F'NJ J 3970
e(#l6/T "6" PLAT TO IUUS~~ LEG& DESCHPTION OF LOS
DATE1 APRIL 2. 2003 & iWUNTFL;lvANCE EASMNT
LOS COCHES
WC/N/TyM? '/ NO SCALE
LOS COCHES
/ / GRAPHIC SCALE l'= 60'
LOS COCHES VILLAGE RETA IN I NG WALL ENCROACHMENT PLAT JW 3746-B 8/5/04
Exhibit D
RA CE
Cross-section of Hilfiker Retaining Wall
along Rancho Santa Fe Road
0 SANTA FE
RIGHT-OF-WAY -7 I
15' MAINTENANCE
AND ACCESS
EASEMENT
Vertical steel face of Hilfiker retaining wall
maintained by Owner
' Landscape and irrigation maintained by Owner
.-