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Home My WebLink AboutSDP 06-04; Calavera Hill II LLC; 2007-0735071; Encroachment AgreementDGC# 2007-0735071 RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTQ: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 NOV26, 2007 12:36 PM OFFICIAL RE CORDS SAN DIEGO COUNTY RECORDER'S OFFICE G R E G 0 R Y .I SMITH CO LI N TYRE CO R D E R FEES: 41.00 PAGES:12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 168-050-47 PROJECT ID: SDP 06-04 PROJECT NAME: Robertson Ranch East Village, PA 15 RELATED PROJECT ID: PR 07-45 RELATED PROJECT ID: n/a ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and Calavera Hills II, 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 the northeast corner of Cannon Road and Wind Trail Way within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 168-050-47, and more particularly described in Exhibit "A", attached hereto and incorporate herein by reference. 2. The Easement. City currently owns existing easements more properly 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 private enhanced paving, storm drains, bike rack, trellis, landscaping, steel fencing to remain in a portion of the easements described above. A plat showing the location of the encroachments 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\SDP FILES\SDP 06-04 Robertson Ranch PA 15 - Riddle\Deeds-Easement\ENCROACHMENT AGREEMENT, PR 07-45.doc REV. 07/26/07 3986 (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 Calavera Hills II, LLC City of Carlsbad P.O. Box 85104 1635 Faraday Avenue San Diego, CA 92186-5104 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 Servioes\PROJECTS\SDP FILES\SDP 06-04 Robertson Ranch PA 15 - Riddle\Deeds-Easement\ENCROACHMENT AGREEMENT, PR 07-45.doc REV. 07/26/07 3981 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 iO day of fluguyr , 2007 . OWNER Calavera Hills II, LLC, a California limited liability company By: McMillin Companies, LLC a Delaware limited liability company By:_ (Sig/Here) (Print Name Here) IST (Print title} (Sign Here) (Print Name Here) (Print title) CITY OF CARLSBAD ROBERT T. JOHNSON, JR., P.E. City Engineer By: David A. Hauser, Deputy City Engineer RCE 33081 Exp. 06/30/2008 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Deputy City Attorney H:\Development Services\PROJECTS\SDP FILES\SDP 06-04 Robertson Ranch PA 15 - Riddle\Deeds-Easement\ENCROACHMENT AGREEMENT, PR 07-45.doc REV. 07/26/07 State of California County of San Diego 3988 before me,fll. J. (Date) (Name, Title of Officer) personally appearedDon (YU^rVvftU QAcL (Name[s] of Signer[s]) personally known to me - OR- (of pi uved 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 hta/her/their authorized capacity(ies), and that by •hts/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 Signature of'Notary ANN M. FUTO Commission # 1546838 Notary Public - California San Diego County My Comm Expires Jan 23.2i \ (This area for official notary seal) Title or Type of Doci Date of Document Signer(s) other than jment tn c^o^s^nn^-e^v rr<^/*<?.»n€*j^r 9 // o/o 7 No. ofPaaes *f named above R^L/vt? rti^v££r^ H \Development Services\PROJECTS\SDP FILES\SDP 06-04 Robertson Ranch PA 15 - Riddle\Deeds-Easement\ENCROACHMENT AGREEMENT, PR 07-45.doc REV. 07/26/07 3989 State of California County of San Diego On (Date) personally appeared before me,S .s/frkri sfrrM (rtame, Title^of 1C. Officer) (Namefs] of Signer[s]) _,. D personally known to me -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 itPONNCA f CfNMMMon * t7?Mt* I Signature of Notary (This area for official notary seal) ATitle or Type of Document £*/^s&c^c.h nvt^'r <nty«? Date of Document 3{ l°/°"7 NO. Of pages < Signer(s) other than named above M^A/ MtTc,y£t.i_ / «-*•*? -ev I to* &AI*, *HU6» H:\Development Services\MASTERS\AGREEMENTS\ENCROACHMENT AGREEMENT Rev 7-2007.doc REV. 07/26/07 399°Exhibit "A" ° For PR 07-45 Page 1 of 1 Lot 1 of CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. !6fcO8 filed in the Office of the County Recorder of said County of San Diego on September l% August 13, 2007 J.N. 011014 EXHIBIT XB' LEGAL DESCRIPTION 3991 PARCEL 'A' PUBLIC ROAD AND PUBLIC UTILITY EASEMENT OVER GLEN AVENUE, AS DEDICATED TO THE CITY OF CARLSBAD OVER A PORTION OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. I5fo0fl , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO PARCEL ' B ' PEDESTRIAN ACCESS EASEMENT OVER A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. t^kQft , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO QJ PARCEL XC' H ) I GENERAL UTILITY AND ACCESS EASEMENT PR 07-22 GRANTED TO THE CITY OF CARLSBAD OVER A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. IgkOlS , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO 9/t^2fly7 , SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED IN DOCUMENT RECORDED Qcfober i^TjCX/jf AS FILE NO. 2o<yi-Ofe»S<&0<&»? PARCEL 'D' WATER LINE EASEMENT PR 07-23 GRANTED TO CARLSBAD MUNICIPAL WATER DISTRICT OVER A PORTION OF LOT 1 OF CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. iSfoofi , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF SAN DIEGO 9/l"S[D7 , SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED IN DOCUMENT RECORDED October \ll£&l AS FILENO. Page 1 of 1 LEGAL DESCRIPTION: PORTION OF LOT 1 Of CARLSBAD TRACT NO. 02-16, ROBERTSON RANCH EAST VILLAGE, IN WE CRY OF CARLSm, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. BASIS OF BEARINGS: THE BASS OF BEARINGS FOR THIS PLAT IS THE EASTERLY LINE OF ROS 17111. /.£ SOtm 04"13'22* WEST LOT UNE — EXISTING EASEMENT HARDSCAPE ALL OTHER ENCROACHMENT AREAS CITY OF OCEANStX QTf OF SANIMKOS COY OF mams CONSULT A^N T S 2710 Loker Avenue West Civil Engineering Suite tOO Planning Carlsbad., CoBfomia 92010 Processing 760-§31-77QO Surveying Fox: 760-931-8680 www.odoyconsuHonts.com WMJYHAP NO SCALE EXHtWT *C*SHT. 1 OF 4 SHTS. CITY OF CARLSBAD - EHCHROACHMENT PERMIT REQUESTED BY: MCMILUN COMPARES, LLC. P.O. BOX 85104 SAN OEGO, GA 92186-5104 PR 07-45 A.P.N. 168-050-47 DATE 4-9-07 G:\OT1014\0114-ENCRCH.dwg Aug 13, 2007 10:49am Xrefs: 0114kmap; 0114KSITE; 0114bstr; 0114BUTL 3993 NOTE 2 SEE NOTE 4 NOTE 2 AWES' /. EN&mCHHENT WTO PUBUC PEDESTRIAN ACCESS EASB&NT AND RIGHT-OF-WAY FOR GLEN A VENUE, DEDICATED ON FWAL MAP FOR CT 02-16, WTH PRIVATE STORM DRAIN. 2. ENCROACHMENT MID A mm EASBHMT(m 07-23} HJH WRBSCAPE AT THE INTERSECTION OF GLEN A&MUE/ftmJE BHVEmY 'A' AW ATPfSVATE tmEWY'A' J. PUBUC PEDESTRIAN ACCESS EASQENT GRANTED ON fM4L JSfAP FOR CT 02-16. 4. WATER EASBtENT TO CAtiLSgAD MM3PAL WATER DISTRICT (PR 07-23) SEE SHEET 4 KK COHTHUAWN @F NOTES. 2710 Loher Avenue West Suite tOO Cartebod, Cafiforma 92010 760-931-7700 Fox: 760-931-8680 www.ocfc^eonstittonts.com Civil Engineering Planning Processing Surveying 0'100' 'C' S01E: 1" = 50' SHT. 2 OF 4 SHTS. CITY OF CARLSBAD - ENCHIiQACHMENT PERMIT REQUESTED BY: MCMILUN COMPANIES, LLC. P.O. BOX 851(H SAN DEGO, CA 92186-5104 PREP> PA1 PR 07-45 A.P.N. 168-050-47 DATE 4-9-07 G:\0110t4\0114-ENCRCH.dwg Aug 13, 2007 10:49am Xrefs: OIHkmap; 0114KSITE; 0114bstr; 0114BUTL 3994 •SEE DETAIL 'A'SHT. 4 LOT LINE SEE NOTE AC. SEEN&fES 5.A *\5.B. HVTES: SEE SHEETS 2 AND 4 FOR HOtES 2710 Loker Avenue West Suite tOO Cartebod, CaHforma 92010 760-931-7700 Fax: 7SO-931-8680 www.odoyconsuttants.com Civil Engineering Pfenning Processing Surveying EXHIWT 'C' 60' SCALE: 1" = 60' SHT. 3 OF 4 SHTS. CITY OF CARLSBAD - ENCHROACHMENT PERMIT REQUESTED BY: MCMILUN COMPANIES, LLC. P.O. BOX 85104 SAN OEGO, CA 92186-5104 PREPARED BY: PATRtCK/N. O'DAY, /3T/09 PR 07-45 A.P.N. 168-050-47 DATE 4-&-07 G:\011014\0114-ENCRCH.dwg Aug 13, 2007 10:49am Xrefs: 0114kmap; 0114KSITE; 0114bstr; 0114BUTL BH(E RACK OVERHEAD TRELLIS W/ POSTS STEEL FENCING REC. AREA SEE NOTE 5.C. 3995 LOT LINE 5. EJm&Kf&BtT WTO A GENERAL PUBLIC UTILITY Am ACCESS EASEMENT (PR 07-22) mm THE ITEMS LISTED BELOW. SEE Sf£ET 3 FOR PLAT. A. TREES, LAWSCAPm, HUmUQN, STAIRS ALONG mD TRAIL WAY. B. SOUND WALL ALONG MtP TRAIL WAYa TREES, LtmscAfm, amATm, OVERHEAD TREWS mm POSTS, STEEL FENCING Am BME RACK ALOW mwTf mwrnr 'A' AND FUTURE PRIVATE STREET D. HARDSCAPE 6. GENERAL PUBLIC UTILITY & ACCESS EASEMENT TO CITY OF CARLSBAD (PR 07-22). 2710 Loker Avenue West Suite 100 Cortsbod, Colifomkj 92010 7«)-931-7700 Fox: 760-931-8680 www .odayconsuttants.com Civil Engineering Planning Processing Surveying 20 SCAtE: 1" = 20' SHT. 4 OF 4 SHTS. CITY OF CARLSBAD ENCMROACHM£KT PERMIT REQUESTED BY: MCMILLIN COMPANIES, LLC. P.O. BOX 85104 SAN DEGO, CA 92186-5104 PR 07-45 A.P.N. 168-050-47 DATE 4-9-07 G:\011014\0114-ENCRCH.dwg Aug 13, 2007 10:49am Xrefs: 0114kmap; 0114KSITE; 0114bstr; 0114BUTL GOVERNMENT CODE 27361.7 3996 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: Name of the Notary: Rose S. Fonesca Commission Number: 1773529 Date Commission Expires: October 15. 2011 County Where Bond is Filed: San Diego Manufacturer or Vendor Number: NNA1 (Located on both sides of the notary seal border) Signature:City of Carlsbad Place of Execution: Office of the City Clerk/City of Carlsbad Date: November 21. 2007 Rec. Form #R10 (Rev.7/96)