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HomeMy WebLinkAboutCT 04-08; City Ventures Homebuilding LLC; 2012-0404957; Encroachment Agreementn RECORDING IS REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAILTO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOCtt 2012-0404957 illliilllllllllllilllllllllllllllllllll JUL 12. 2012 10:50 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Emest J. Dronenburg, Jr., COUNTY RECORDER FEES: 45.00 PAGES: SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSESSOR'S PARCEL NO.: 215-050-73 PROJECT ID: CT 04-08 PROJECT NAME: LA COSTA VILLAGE TOWNHOMES RELATED PROJECT ID: PR 11 -20 RELATED PROJECT ID: N/A 11 ENCROACHMENT AGREEMENT This ENCROACHMENT AGREEMENT ("Agreement") is entered into between the CITY OF CARLSBAD ("City") and City Ventures Homebuilding, LLC, A Delaware 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 northwest corner of Dove Lane and El Camino Real within the City of Carlsbad San Diego County, California, Assessor's Parcel Number 215-050-73 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 public utility and access 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 enhanced concrete and pavers to remain in a portion of the public utility and access easement. A plat showing the location ofthe 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 Q:\CED\LandDev\PROJECTS\CT\CT 04\CT 04-08 La Costa Village Townhomes (Moonstone formerly Levatino) - Ricl<\PR 11-20\ENCROACHMENT AGMT PR 11 -20, Revised 8-11 -10.doc (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 (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 City Ventures City of Carlsbad 2850 Redhill Avenue, Suite 200 1635 Faraday Avenue Santa Ana, CA 92705 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 Q:\CED\LandDev\PROJECTS\CT\CT 04\CT 04-08 Moonstone (formerly Levatino-La Costa) - Rick\PR 11-20\ENCROACHMENT AGMT PR 11-20, Revised 8-11-10.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 Z^'^ day of S^pL . , 20JL1_. OWNER: City Ventures Homebuilding, LLC, CITY OF CARLSBAD, a municipal A Delaware limited liability company corporation of the State of California GLEN K. VAN PESKI, City Engineer ^(Sign Here) (Print Name Here) 8801 Exp. 12/31/2012 APPROVED AS TO FORM: RONALD R. BALL City Attorney By: Q:\CED\LandDev\PROJECTS\CT\CT 04\CT 04-08 Moonstone (formerly Levatino-La Costa) - Rick\PR 11-20\ENCROACHMENT AGMT PR 11-20, Revised 8-11-10.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of } On before me, ' Date I ps" Here InsertTlame and Titia of the Officer n personally appeared ^( y/\lj\\-^fA ( JLVJP J4;<^-VO C<Vki/dlA&^ Name(s) of Signer(s) MICHELLE BOHANNON Commission # 1884092 Notary Public - California 1 Orange County ^ My Comm. Expires Mar 26.2014 ^ ^ 1^ ^ IPI yry^pfP^IW^I^IF'l^'i^ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i/^f^ subscribed to the within instrument and acknowledged to me that l)^sKe/^^ executed the same in hi^/t>§rAK^ authorized capacity(ies), and that by h^/Jj^r/JfJej? signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) 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 my Place Notary Seal Above Signature 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) Name: Signer's Name: u inaividual .A Aip. t -•Individual ^ /) i_ Corporate Officer — Title(s): VxJitlAi^^ Officer — T\X\e(s)\Arf<^\dQyr^ Signer's • Individual • Partner — • Limited • General • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here • Partner — • Limited • G^eral • Attorney in Fact • Trustee • Guardian or Conservator • Other: Signer is Representing: RIGHTTHUMBPRINT OFSIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder-. Call Toll-Free 1 -800-876-6827 Q:\CED\LandDev\PROJECTS\CT\CT 04\CT 04-08 Moonstone (formerly Levatino-La Costa) - Rick\PR 11-20\ENCROACHMENT AGMT PR 11-20, Revised 8-11-10.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On vVj)oc^ S olov^ before me, Date personally appeared } Here Insert Name and Title Jf tVie Officer Name(s) of Signer(s) —^ - ^ t I TERIE L. ROWLEY Commission # 1952691 Motiry Public - Califomia f San Oiego County ^ who proved to me on the basis of satisfactory evidence to be the person(s)f' whose name(^ '\s/a!f/6 subscribed to the within instrurrient and acknowledged to me that he/sh^h^ executed the same in his/h^f/thjgffr authorized capacity(i^), and that by his/h^/th^ 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. Place Notary Seal Above WITNESS my hand and official seal Signature OPTIONAL - Signature of Notary Pubp * V 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: 3" C=> VvL^-v^b Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • General • Attorney in Fact ' • Trustee • Guardian or Conservator • Other: y'^ Signer ls_R§presenting: y RIGHTTHUMBPRINT OF SIGNER Top of thumb here .-'-^ner's Name: • Individual • Corporate Officer — Title(s): • Partner — • Limited • G^ral • Attorney in Fact • Trustee ' • Guardian or Cqp^ervator • Other: / _zf Signer^ Representing: RIGHTTHUMBPRINT OF SIGNER Top of thumb here ©2007 National Notary Association • 9350 De Soto Ave., RO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toil-Free 1 -800-876-6827 EXHIBITA PR11-20 THAT PORTION OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED IN CERTIFICATE OF COMPLIANCE RECORDED JUNE 16, 1989 AS INSTRUMENT NO. 89-317343, AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG THE NORTH LINE OF SAID SECTION, SOUTH 89°13'06" EAST 53.79 FEET TO A POINT IN THE ARC OF A 7045.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 57°37'42" WEST, SAID POINT ALSO BEING IN THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE COUNTY OF SAN DIEGO, RECORDED JULY 10, 1970 AS INSTRUMENT NO. 121184, OFFICIAL RECORDS OF SAID COUNTY, SAID SOUTHWESTERLY LINE BEING DRAWN CONCENTRIC WITH AND DISTANT 45.00 FEET SOUTHWESTERLY MEASURED RADIALLY FROM THE CENTER LINE OF EL CAMINO REAL AS SHOWN ON SAN DIEGO COUNTY ROAD SURVEY NO. 1800-1, ON FILE IN THE OFFICE OF THE COUNTY ENGINEER OF SAID COUNTY; THENCE SOUTHEASTERLY ALONG SAID 7045.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 0°38'48", A DISTANCE OF 79.51 FEET; THENCE TANGENT TO SAID CURVE SOUTH 33°0r06" EAST 1045.53 FEET TO THE BEGINNING OF A TANGENT 1755.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 18°14'08", A DISTANCE OF 558.56 FEET TO A POINT IN THE ARC OF SAID CURVE TO WHICH A RADIAL LINE BEARS NORTH 75''13'02" EAST; THENCE LEAVING THE SOUTHWESTERLY LINE OF SAID ROAD SURVEY NORTH 89°14'31" WEST 435.63 FEET; THENCE NORTH 49°07'37" WEST 602.12 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 26; THENCE ALONG SAID WEST LINE NORTH 0''03'00" WEST 1053.06 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS GRANTED TO THE CITY OF CARLSBAD IN DEEDS RECORDED FEBRUARY 11, 1992 AND FEBRUARY 13, 1992 AS INSTRUMENT NOS. 1992-0072898 AND 1992-0080875, RESPECTIVELY, BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM AN UNDIVIDED ONE-HALF INTEREST IN AND TO THE OIL AND MINERAL RIGHTS IN CONNECTION WITH SAID LAND PROVIDED THAT THIS RESERVATION DOES NOT INCLUDE ANY RIGHT OF THE GRANTOR TO MAKE A SURFACE ENTRY FOR THE PURPOSE OF EXPLORING FOR OR EXTRACTING ANY OIL OR MINERALS, IT BEING THE AGREEMENT OF PARTIES HERETO THAT GRANTOR SHALL, IN THE EVENT, OIL OR MINERALS ARE EVER PRODUCED OR EXTRACTED FROM SAID LAND BE ENTITLED TO ONE-HALF OF THE NET PROCEEDS THEREOF, AS RESERVED BY CLAUDE MAY MILLIGAN, A WIDOW, BY DEED RECORDED DECEMBER 31, 1956 IN BOOK 6399, PAGE 434 OF OFFICIAL RECORDS. CONTAINS 627,301 SQ. FT., OR 14.40 ACRES, MORE OR LESS. THIS DESCRIPTION WAS MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATl R.C.E. 33520 UCENSE EXP. 06/30/2012 DATE SHEET 1 OF 1 BY: M2 DATE: 8-30-11 SCALE: NONE CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 18 TECHNOLOGY SUITE 154 IRVINE, CA 92618 T. 949.769.6600 F. 949.769.6605 VWWV.CVC-INC.NET CT-04-08 TRACT BOUNDARY LEGAL DESCRIPTION EXHIBIT B PR11-20 A PUBLIC UTILITY AND ACCESS EASEMENT AS SHOWN OVER LOTS 1, 2 & 3 OF CT-04-08 LA COSTA VILLAGE TOWNHOMES, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AS PER MAP NO. I5^fe3 FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO, ON CONTAINS 38,921 SQ. FT., OR 0.89 ACRES, MORE OR LESS. THIS DESCRIPTION WAS MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE LAND SURVEYORS ACT. ENGINEER/SURVEYOR PREPARED UNDER THE SUPERVISION OF: VINCENT W. SCARPATl R.C.E. 33520 UCENSE EXP. 06/30/2012 DATE SHEET 1 OF 1 BY: M2 DATE: 8-30-11 SCALE: NONE CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 18 TECHNOLOGY SUITE 154 IRVINE, CA 92618 T. 949.769.6600 F. 949.769.6605 VWVW.CVC-INC.NET EASEMENT DESCRIPTION EXHIBIT "C", PR 11-20 SHEET1 0F4 PUBLIC UTILITY AND ACCESS EASEMENT ENHANCED CONCRETE/PAVER ENCROACHMENT AREA HARDSCAPE ENCROACHMENTS CARLSBAD TRACT CT. 04-08 APN# 215-050-73 20 10 0 20 SCALE: r=20'-0" EXHIBIT "C". PR 11-20 SHEET 2 OF 4 PUBLIC UTILITY AND ACCESS EASEMENT ENHANCED CONCRETE/PAVER ENCROACHMENT AREA CARLSBAD TRACT CT. 04-08 APN# 215-050-73 HARDSCAPE ENCROACHMENTS 20 10 20 SCALE: 1"=20'-0" EXHIBIT "C", PR 11-20 SHEET 3 OF 4 ENHANCED CONCRETE/PAVER ENCROACHMENT AREA HARDSCAPE ENCROACHMENTS CARLSBAD TRACT CT. 04-08 APN# 215-050-73 SCALE: 1"=20'-0" EXHIBIT "C", PR 11-20 SHEET 4 OF 4 PUBLIC UTILITY AND ACCESS EASEMENT ENHANCED CONCRETE/PAVER ENCROACHMENT AREA CARLSBAD TRACT CT. 04-08 APN# 215-050-73 HARDSCAPE ENCROACHMENTS 20 10 0 20 SCALE: r=20'-0"