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HomeMy WebLinkAboutSDP 15-22; LMV Carlsbad Holdings LP; 2017-0085099; Encroachment AgreementRECORDING 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 DOC# 2017-0085099 IIIII/I IIIII 11111111111111111111 IIIII 1111111111 IIIII IIIII IIIII 11111111 Feb 22, 2017 02:22 PM OFFICIAL RECORDS Ernest J. Dronenburg Jr SAN DIEGO COUNTY RECORDER FEES $48.00 PAGES 12 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 167-040-59-00 PROJECTID: ~D~E~V~1~0~04~5~~--------- PROJECT NAME: QUARRY CREEK PA R-2 PERMIT NO: EAGREE2016-0004 PLAN CASE NO: SOP 15-22 ----~---------------- ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and LMV Carlsbad Holdings, LP, a Delaware Limited Partnership ("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 southeast corner Haymar Drive and Adobe Springs Road within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 167-040-59-00, 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 sidewalk 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 private storm drain to remain in a portion of the 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. (C) The Owner must remove or relocate any part of the encroachment within ten (1 0) 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: City Engineer City of Carlsbad 1635 Faraday Avenue Carlsbad CA 92008 If to the Owner: LMV Carlsbad holdings, LP 95 Enterprise, Suite 200 Aliso Viejo, CA 92656 CA92656 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. 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 2 such signature(s) thereby bind such party. IN WITNESS WHEREOF, these parties hereto have executed this Agreement on this ~~ day of :f"ri\'klM-I'l , 20_o_. OWNER LMV Carlsbad Holdings, LP, a Delaware limited partnership By: Lennar Multifamily BTC Venture GP Subsidiary, LLC, a Delaware limited liability company, its General Partner; By: Lennar Multifamily BTC Venture Manager, LLC, a Delaware limited liability company, its Manager (Print Name Here) By: -----------------------------(Sign Here) (Print Name Here) APPROVED AS TO FORM: CELIA BREWER City Attorney By:l~ .f RON KEMP Assistant City Attorney 3 CITY OF CARLSBAD, a municipal corporation of the State of California JASON S. GELDERT, Engine g Manager A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity ofthat document. STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) On January 30, 2017, before me Sharon Lisa Temporal a Notary Public, personally appeared Paul T. Ogier , who proved to me on the basis of satisfactory evidence, to be the person(.sf whose name(4 is/~ subscribed to the within instrument and acknowledged to me that he/!lfte/i:ae~ executed the same in his,~er/tllei-r authorized capacity(i~ and that by his/hsr,Ltbei' signature(,.iif on the instrument the person(~ or the entity upon behalf of which the person~cted, 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 my hand and official seal signature ---=-==:===;1====-~().NA_:::::::::=---~~~-L~·~o~=-~~L_..,. .. ,-... ~.!..()~/:::_._ (SEAL) .• IHAROILISA TIWORAL ComtniUIIn • 2015011 c NOIIry PuMIC • Cllifornla z ' -OrangtCounly .. I. 0 0 0 0 1'J ioe'e •• ,. t1·J~'!I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of SA-tv D i ~ ) on februa'il=J;aoi?-before me,Ro;OZJ/le ::JO,()f.S~ Alolv'( /?ub/10 Da e . ~ Here Insert Name and Title of he Officer personally appeared 'J a.bvY\ s. &elc/e r+ Name(s) of Signer(s) who 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 the entity upon behalf of which the person(s) acted, executed the instrument. r···· ............................... -........................................................... ~ I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. • ROXANNEJONES ~ COMM. #2107902 NOTARY PUBLIC • CALIFORNIA ~ SAN DIEGO COUNTY ..,. l Commis&ionEJII)iasApril20. 2019 ~ WITNESS my hand and official seal. .,., • .,. .• -.f\·,.-.. -..... ·.·r.·.-...... _.,,y,.-.... : ... -........... , ...... , •.•••. , •. h•.-.·.···· Place Notary Sea/ Above -----------------------------------------------------------oPTIONAL--------------------------------------------------------- Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended 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: ___________ _ Signer's Name: ____________ _ 0 Corporate Officer -Title(s): ______ _ 0 Corporate Officer -Title(s): ______ _ 0 Partner -0 Limited 0 General 0 Partner -0 Limited 0 General 0 Individual [J Attorney in Fact 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Trustee 0 Guardian or Conservator 0 Other: ______________ _ 0 Other: _____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A EAGREE2016-0004 LEGAL DESCRIPTION PARCEL 2 OF THE CARLSBAD MINOR SUBDIVISION MS 15-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21373, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 17,2016. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE 1 of 1 EXHIBIT B EAGREE2016-0004 LEGAL DESCRIPTION CITY EASEMENT ALL THAT PORTION OF PARCEL 2 OF THE CARLSBAD MINOR SUBDIVISION MS 15-13, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PARCEL MAP THEREOF NO. 21373, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AUGUST 17,2016, DESCRIBED AS FOLLOWS: PUBLIC SIDEWALK EASEMENT TO THE CITY OF CARLSBAD GRANTED PER SAID PARCEL MAP NO. 21373. PUBLIC GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD GRANTED PER SAID PARCEL MAP NO. 21373. THIS PROPERTY DESCRIPTION HAS BEEN PREPARED BY ME, OR UNDER MY DIRECTION, IN CONFORMANCE WITH THE PROFESSIONAL LAND SURVEYORS ACT. DATE 1 of 1 APPLICANT: LENNAR MULTI-FAMILY COMMUNITI£~ LLC PH EAGH££2016-0004 EL CAMINO COUNTRY CLUB VICINITY UAP NOT TO SCALE THOMAS BROTHERS PG. 1107, GRID A-2 2006 EDITION CITY OF CARLSBAD EXHIBIT "C" 95 ENTERPRISE, SUITE 200 ALISO l4£JO, CA. 92656 (949) 448-1615 SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO,-CA. 92123 www. sboinc. com LAKE RD. OAT£: FEBRUARY 6, 2017 SHEET 1 OF 5 SHEETS PLAN CASE NO.: SOP 15-22 A.P.N.: 167-040-59-00 APPLICANT: LENNAR MULTI-FAMILY COMMUNITIES, LLC 95 ENTERPRISE, SUITE 200 ALISO VIEJO, CA. 92656 (949) 448-1615 PR EAGR££2016-0004 .,.,_..._ __ I L------......&.-......--. KEY UAP SCALE· 1, = 200 I CITY OF CARLSBAD EXHIBIT "C" SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUITE 120 SAN DIEGO, CA. 92123 www. sboinc. com DATE· FEBRUARY 6, 2017 SHEET 2 OF 5 SHEETS PLAN CASE NO.: SDP 15-22 A.P.N.: 167-040-59-00 PR EAGR££2016-0004 PUBLIC SIDEWALK EASEMENT TO THE CITY OF CARLSBAD n PER PARCEL MAP I \I NO. 21373 I ,I H I I II Cll I ~ t ....... I ~ l I I \1 ....... I I I; ~ ( I II I I l '\ I I I I \ II\ e \ \ \ \I I \I \ ....... \ \ I\ ~ \ ENCROA CHAIENT\ I PRIVATE GRATED INLET\ PER OWG. 484-SKK \ ~ \ \ \ I \ \ I \ \ \ \ \ \ \ \ \ I \ PUBLIC GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD GRANTED PER P.M. NO. 21373. APPLICANT: LENNAR MULTI-FAMILY COMMUNITIES, LLC 95 ENTERPRISE, SUITE 200 ALISO 1.4EJO, CA. 92656 (949) 448-1615 CITY OF CARLSBAD EXHIBIT •c• SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUIT£ J 20 SAN DIEGO, CA. 92123 www. sboinc. com PARCEL 2 DATE: FEBRUARY 6, 2017 SHEET 3 OF 5 SHEETS PLAN CASE NO.: SOP 15-22 A.P.N.: 167-040-59-00 PR EAGR££2016-0004 Ill) ~ ~ Cll~~~~~~~~~ --. ~ --~--~-~--~--~ ~ -:::-------------- Cil PUBLIC GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD GRANTED PER P.M. NO. 21373. APPLICANT: LENNAR MULTI-FAMILY COMMUNITIES, LLC 95 ENTERPRISE. SUITE 200 ALISO l4EJO, CA. 92656 (949) 448-1615 CITY OF CARLSBAD EXHIBIT •c• SB&D~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUIT£ 120 SAN DIEGO, CA. 92123 www. sboinc. com DATE DATE: FEBRUARY 6, 2017 SHEET 4 OF 5 SHEETS PLAN CASE NO.: SDP 15-22 A.P.N.: 167-040-59-00 APPLICANT: LENNAR MULTI-FAMILY COMMUNITIES. LLC 95 ENTERPRISE. SUITE 200 ALISO VIEJO, CA. 92656 (949) 448-1615 PH EAGH££2016-0004 CITY OF CARLSBAD EXHIBIT "'C"' SB&O~ PLANNING ENGINEERING SURVEYING 3990 RUFFIN ROAD, SUIT£ 120 SA/I/ DIEGO, CA. 92123 www. sboinc. com PUBLIC GENERAL UTILITY AND ACCESS EASEMENT TO THE CITY OF CARLSBAD GRANTED PER P.M. NO. 21373. DATE DATE: FEBRUARY 6, 2017 SHEET 5 OF 5 SHEETS PLAN CASE NO.: SDP 15-22 A.P.N.: 167-040-59-00