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HomeMy WebLinkAboutPIP 06-07; Danielson DSS LLC; 2008-0271503; Encroachment Agreementn 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# 2008-0271503 MAY 20, 2008 2:36 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SMITH, COUNTY RECORDER FEES: 45.00 PAGES: 13 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 213-261-06-00 PROJECT ID: PIP 06-07 PROJECT NAME: Bressi Ranch Lot 15 RELATED PROJECT ID: PR 08-06 RELATED PROJECT ID:RW ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Danielson D.S.S., 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 Lot 15 of Carlsbad Tract CT 02-15 within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 213-261-06-00, 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 waterline 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 a sand court, retaining wall and drainage pipes to remain in a portion of the 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. (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. H:\Development Services\PROJECTS\PIP FILES\PIP 06\PIP 06-07 Bressi Ranch Lot 15 - WickharMBonds and AgreemenfiENCROACHMENT AGMT PR 08-06.doc (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 Danielson D.S.S., LLC City of Carlsbad 406 9th Avenue Suite 309 1635 Faraday Avenue San Diego, CA 92101 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 H:\Development Services\PROJECTS\PIP FILES\PIP 06\PIP 06-07 Bressi Ranch Lot 15 - Wickham\Bonds and Agreement\ENCROACHMENT AGMT PR 08-06.doc 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 9& day of M^ 2QQ8 . OWNER Danielson GCSvS., LLC, a California limited liability company By: CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: _ David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 (Sign Here) (Print Name Here) APPROVED AS TO FORM: RONALD R. BALL City Attorney By: _, Deputy City Attorney H:\Development Services\PROJECTS\PIP FILES\PIP 06\PIP 06-07 Bressi Ranch Lot 15 - Wickham\Bonds and AgreementtENCROACHMENT AGMT PR 08-06.doc ACKNOWLEDGEMENT STATE OF: California COUNTY OF: San Diego } ss: On March 13, 2008, before me, Amy Sharp, a Notary Public for said state, personally appeared Kenneth R Satterlee, President, Danielson D.S.S., LLC who proved to me on the basis of satisfactory evidence 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 the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS fry/hand and offici Signature AMY! CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT gfeg6ee@&e!Sge@SJB6g&@sge@a^gsag6e<5^ State of California County of On °\ Date v personally appeared before me, Here insert Name and Title of the Officer Name(s) of Signer(s) ItMf I. ROWlfY CommiMion*i77$ftM Notary PubNc-CaNtomla f Son Mtgo County * who proved to me on the basis of satisfactory evidence to be the person^ whose name(sf is/ape'subscribed to the within instrument and acknowledged to me that he/sjje7th£y' executed the same in his/jjef/ttjdf authorized capacity(ies'), and that by his/rj£r7thp»<signature(sf'on the instrument the person^f or the entity upon behalf of which the person^Tacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Place Notary Sea! Above WITNESS my hand and official seal. Signature Signature of Notary PuDi OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date:Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Individual "..'" Corporate Officer — Title(s): i_ Partner — Limited ; General :: Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top o! thumb here | Signer's Name: Individual Corporate Officer — Title(s): Partner— Limited . General Attorney in Fact Trustee Guardian or Conservator . Other: RIGHT THUMBPRINT OF SIGNER Signer Is Representing: '?&fy&vf-.*$*~j&^^ ©2007 National Notary Association • 9350 De Soto Ave. P.O Box 2402 • Chatsworth, CA 91313-2402 •vnroNationalNotary.org Item *5907 Reorder Call Toll-Free 1-800-876-B827 EXHIBIT 'A' LEGAL DESCRIPTION LOT 15 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005 AND AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 30, 2005 AS DOCUMENT NO 2005- 850718, MARCH 1, 2007 AS DOCUMENT NO 2007-0140625, BOTH OF OFFICIAL RECORDS. Page 1 of 1 EXHIBIT 'B' LEGAL DESCRIPTION WATER EASEMENT PR 07-123 BEING A PORTION OF LOT 15 OF CARLSBAD TRACT CT 02-15 BRESSI RANCH, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 14960, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY FEBRUARY 4, 2005 AND AS CORRECTED BY CERTIFICATE OF CORRECTION RECORDED SEPTEMBER 30,2005 AS DOCUMENT NO 2005-850718, MARCH 1,2007 AS DOCUMENT NO 2007-0140625, BOTH OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 15 OF SAID MAP NO. 14960, ALSO KNOWN AS THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LOT LINE 1. NORTH 09°07'54" WEST 307.33 FEET TO TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LOT LINE, 2. NORTH 80°52'06" EAST 9.15 FEET; THENCE 3. SOUTH 54°07'54" EAST 18.85 FEET; THENCE 4. NORTH 76°54'33" EAST 132.86 FEET; THENCE 5. NORTH 80°23'35" EAST 56.69 FEET; THENCE 6. NORTH 09°36'25" WEST 7.15 FEET; THENCE 7. NORTH 79°42'21" EAST 10.00 FEET; THENCE 8. SOUTH 09°36'25" EAST 7.27 FEET; THENCE 9. NORTH 80°23'35" EAST 82.57 FEET; THENCE 10. NORTH 09°36'25" WEST 13.87 FEET; THENCE 11. NORTH 80°23'35" EAST 10.00 FEET; THENCE 12. SOUTH 09°36'25" EAST 13.00 FEET; THENCE 651WTRESMT-LEG Page 1 of 3 13. SOUTH 76°37'54" EAST 17.34 FEET; THENCE 14. NORTH 80°52'06" EAST 47.71 FEET TO A POINT ON THE EASTERLY LOT LINE OF SAID LOT 15; THENCE ALONG SAID EASTERLY LOT LINE 15. SOUTH 09°07'54" EAST 20.00 FEET; THENCE LEAVING SAID EASTERLY LOT LINE, 16. SOUTH 80°52'06" WEST 32.87 FEET; THENCE 17. SOUTH 09°08'50" EAST 168.24 FEET; THENCE 18. NORTH 80°51' 10" EAST 10.97 FEET; THENCE 19. SOUTH 09°08'50" EAST 10.00 FEET; THENCE 20. SOUTH 80°51' 10" WEST 10.97 FEET; THENCE 21. SOUTH 09°08'50" EAST 16.79 FEET; THENCE 22. SOUTH 80°51' 10" WEST 20.00 FEET; THENCE 23. NORTH 09°08'50" WEST 5.00 FEET; THENCE 24. SOUTH 80°51' 10" WEST 7.09 FEET; THENCE 25. NORTH 09°07'54" WEST 10.00 FEET; THENCE 26. NORTH 80°52'06" EAST 7.09 FEET; THENCE 27. NORTH 09°08'50" WEST 180.52 FEET; THENCE 28. NORTH 76°37'54" WEST 13.76 FEET; THENCE 29. SOUTH 80°23'35" WEST 156.62 FEET; THENCE 30. SOUTH 76°54'33" WEST 45.49 FEET; THENCE 31. SOUTH 13°05'27" EAST 17.63 FEET; THENCE 32. SOUTH 09°08'50" EAST 119.47 FEET; THENCE 33. NORTH 80°51'55" EAST 8.50 FEET, THENCE 34. SOUTH 09°08'50 EAST 4.84 FEET, THENCE 651WTRESMT-LEG Page 2 of 3 35. NORTH 80°51' 10" EAST 26.84 FEET; THENCE 36. SOUTH 09°08'50" EAST 10.00 FEET; THENCE 37. SOUTH 80°51' 10" WEST 35.33 FEET; THENCE 38. SOUTH 09°08'50" EAST 10.00 FEET; THENCE 39. SOUTH 80°51' 10" WEST 60.25 FEET; THENCE 40. SOUTH 09°07'54" EAST 49.53 FEET; THENCE 41. SOUTH 80°52'06" WEST 51.42 FEET TO A POINT ON THE WESTERLY LOT LINE OF SAID LOT 15; THENCE ALONG SAID WESTERLY LOT LINE 42. NORTH 09°07'54" WEST 20.00 FEET; THENCE LEAVING SAID WESTERLY LOT LINE, 43. NORTH 80°52'06" EAST 31.42 FEET; THENCE 44. NORTH 09°07'54" WEST 49.52 FEET; THENCE 45. NORTH 80°51'10" EAST 60.25 FEET; THENCE 46. NORTH 09°08'50" WEST 123.62 FEET; THENCE 47. NORTH 13°05'27" WEST 16.94 FEET; THENCE 48. SOUTH 76°54'33" WEST 75.87 FEET; THENCE 49. NORTH 54°07'54" WEST 19.67 FEET; THENCE 50. SOUTH 80°52'06" WEST 0.86 FEET; THENCE 51. NORTH 09°07'54" WEST 20.00 FEET TO THE TRUE POINT OF BEGINNING CONTAINS 181,438.98 FTSQ (0.423 ACRES) MORE OR LESS ^^^•^^^^^^^^^ ^^ r — RUDY P. PACHECO LS 5717 EXP. 9-30-09/ / 651WTRESMT-LEG Page 3 of3 LOT 16 \ MAP 149BO EXHIBIT 'C LOT 16 MAP 14960 EXIST LOT 15 PROPERTY UNE \ INDICATES ENCROACHMENT WITHIN «T j EXISTING WATER EASMENT FOR BROWDITCH, STORM DRAIN SYSTEM, AREA DRAINS, FENCE, AND SAND VOLLEYBALL COURT AREA=1,595.04SF (0.037 AC) POINT OF BEGINNING S90W'00"E CAMPBELL H P.O.B. T.P.O.B. - TRUE POINT OF BEGINNING D=22I26'44" ^ 'L=42.31'MAP 14960 CITY OF CARLSBAD DATE:1-16-08 SCALE: 1" = 60' A.P.N.213-261-06 ENCROACHMEm" LOT 15 CT 02-15 PER MAP NO. 14960 PIP 06-07 DRAWN BY: PARTNERS ENG'G PR 08-06 SHEET:/ OF/ 651-EXHIBIT-C.dwg 1-23-08 11:46:35 am EST