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HomeMy WebLinkAboutPD 06-23; Rancho Ponderosa Homeowners Association; 2007-0536756; Encroachment Agreement13126 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DGC# 2007-0536756 AUG 10,2007 4:37 PM OFFICIAL RE CORDS 'SAN DitfilJ COUNTY RECORDER'S OFFICE Li R E Li 0 RY J s MI ]" H, CO LI N TV R E CO R D E R FEES: 000 RAGES: :3 2007-0536756 I! SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 255-070-59-00 PROJECT ID: PD 06-23 PROJECT NAME: Rancho Ponderosa medians RELATED PROJECT ID: PR 07-61 RELATED PROJECT ID: RW 07-357 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Rancho Ponderosa Homeowners Association ("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 255-070- 50-00, 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 street and public utility purposes, 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 median hardscape, landscaping and irrigation to remain in a portion of the public street 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 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. 13127 (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 Rancho Ponderosa HOA City of Carlsbad c/o Curtis Management 1635 Faraday Avenue 10455 Sorrento Valley Rd. Ste 102 Carlsbad CA 92008 San Diego, CA 92121 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. 13128 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, these parties hereto have executed this Agreement on this _ day of_ OWNER Rancho Ponderosa Homeowners Association, a California B^-pj»fit coctfoTatipn By: (Sigrrrierej (Print Natne Here) (Sign Here) (Print Name Here) CITY OF CARLSBAD ROBERT T. JOHNSOhLJR., P.E. Acting CityJEngineer / ) (T*SBy: David A//Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney Bv: Deputy City Attorney 13129 State of California County of San Diego On (bate) personally appeared before me,S.SeaJe. (Name, Title of Officer) £, Vo\o\ (NameJpJ of Signer^) personally known to me --OR-—Mobe-fenawv* the person^) whose nameO*) is/afe^ subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(4es)r-and that by his/hor/thoti-signaturejffi' on the instrument the person(s^ or entity upon behalf of which the personfef acted, executed the instrument. WITNESS my hand and official seal Signature of Notary (This area for official notary seal) *. SEAlt Commfctton #174120* . Notary rutMte-CoHfomta I«on Ot^o County s ^J Title or Type of Document t^n £-tr Date of Document Signer(s) other than named above «^m«-n- A rf^~±- No. of Pages 3 13131) State of California County of San Diego On U> 13.01 (fl before me, 5 , S (Date) A/crf<2. (Date) > personally appeared c?r4.c.e, Turner ru ^ l(L (Name, Title of Officer) f of Signer^) l E> personally known to me-=OR - D (proved to me on the basis of satisfactory evidence) to be the person^ whose name£s) is/aj^subscribed to the within instrument and acknowledged to me that he//she/lt»e^ executed the same in hi«7her/tr]»if authorized capacity(ie^, and that by hi€/her/th€fff signature]^) on the instrument the person^f, or entity upon behalf of which the person^ acted, executed the instrument. WITNESS my hand and official seal (This area for Signature of Notary CIcll IIUlo ComnMHlon« 174120* okwyPubUc-CoMtomta I K Title or Type of Document Date of Document No. of Pages 3 Signer(s) other than named above State of California ) ) County of San Diego ) On July 26, 2007, before me, Belinda R. Guzman, Notary Public, personally appeared John G. O'Donnell, 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 Commission # 1565777 Notary Public-California San Diego County My Comm. Expires Maf31 r I1.2009P (This area for official notary seal) 13132 EXHIBIT "A" PR 07-61 Lot 58 of Carlsbad Tract No. 73-18, Rancho Ponderosa, Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to the Map thereof No. 8145, filed in the office of the County Recorder of San Diego County, on July 15, 1975. 131 S3 EXHIBIT "B" PR 07-61 Easement for public street and public utility purposes over Amargosa Drive, as dedicated and accepted on Map No. 8145 of Carlsbad Tract No. 73-18 Unit 1, and Los Pinos Circle, as dedicated and accepted on Map No. 8362 of Carlsbad Tract No. 73-18 Unit 4. EXHIBIT "C" PR 07-61 13134 <\ y v AMARSOSA DRIVE LOS PINOS CIRCLE v^ QHJ <<So CQ-o J ins < 0 Wg Og Zi Di u D inin U'o:u 5<(u KI