HomeMy WebLinkAboutCT 88-03-3; Standard Pacific Homes; 2000-0039368; Encroachment Agreement. - DOC : 2000-0039368
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr. Carlsbad, CA. 92008
JCslN 269 2000 II:38 fwli
SAN DIEGO CouNTy REOlRD5?‘S OFFICE 2700 GRERRY J. SMITH, COUNTY RECOKDER FEES: 28.00
RW 99-272/PR 99-64 ,:,
:,(> ,>_ j,j,, I‘. ELI@ : :.:+ E. ENCROACHMENT AGREEMENT ” i jj‘ / I‘: : ~)
This Earn jjijll:_. Ij E& AGka~~~~‘:i:““en~,~ 3 is “;f;;&$f, .jRto between
the CITY OF CAf%LSBAD~-g’city”) and STANDARD PACrFlC HOMES, $$wner”),‘ih accordance
with Chapter 1 I;% &4$$Carlsbad Municipal Code. ‘3’ .(, * i >,;; 1
1. The ‘Rror>ertv. Owner isthe owner of that ce&@r&l property‘ioc&ed at Arroyo
La Costa, Unit No; ‘3; I& 968, Assessor’s Parcel Number 255GJO?-22,’ and mdie particularly
described in Exhibit ‘~A&%%$tached-hereto and incorporated herein by reference, ‘, :_j_: ,; :e‘ 3,: ,‘ 11111 2. ,L >‘-‘*::$,l‘~‘3,3 Th (, ,gas&&ntv city EC&rerlfjy ‘&i‘&“&Ji.. existing eO$#g&&~t ,:$& under, and
across Owner’s pro@&i f&G storm ‘drain easement which is describe& ;Iti:Exhibit “B” attached
hereto and incorpo~~~~~~y.,rsfe~~~~e. I:,, ‘(“ %L~,
-‘i’,:::;.,. jl’ ‘.%ii> Ii / 1 .‘& ;‘, : ~~sp.:,,,t ~ Ski&, ,.-, I
3. 3 : a ,q IjjJ. ;liriii;j:I;lP!j:! : ’ “i$ ~‘. / S’ !&I ““““““‘“‘y’ The En$$$&$ent. :~~i~~~~~~l~~~~~~~~~~~~~~~gree~ s&@grants its permission
to Owner to allow the foffowing: appro#!Rlmatefy thirty (30) feet of sound wall; thirty (30) feet of
fence with a fifteen 15’ wide gate with’a latch for the City of Car&bad to attach a key lock for
access to the manhole; and irrigation, shlubsiand ‘gieuW&q$ver across the existing Drainage
Easement per Map No 13636. A plat“SheWing fhe 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.
1
MASTERS/FORMS/ENCROACHMENT AGREEMENT RN.12/24/9? & ($
2701-
(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
warty.
(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
4. Entire Aareement.
the parties with respect to the
agreements, oral or written,
addressed as foff@@ -‘_i : ; : i “,“ 13
.L “‘ “ .a>,, (( I( )//_( I“ Wrba :I]-‘~ “ *:~:-$y time to && by’ providing notice’tMi‘e &her party in the >.: (, “‘ 2 ,s,’ _:*: i: I, ;,;:y / ’ ~,l~$l~l_l‘. . : ,*),i,
6. #~j#~“&&&##~tq or appr&al Qf anyi#br &e,iss[bfl by Owner shall not Waiver,
constitute a waiver of any ether defauit’b~~~~~~~~~~~~~~~ll not be deemed a waiver or render
unnecessary City’s consent for:dpprovaI to any ,subsequent act by. C)wner. Any waiver by City of
any default must be in writing‘and%half not be a’waiver,of any otR$@default concerning the same
or any other provision of the Agreembht, : s %‘> __ ,,~‘,j,,(, (, (,e I : (:(
7. Successors and Assiqns. 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.
I//
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MASTERS/FORMS/ENCROACHMENT AGREEMENT RN. 12124197
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8. Each party represents that the person(s) executing this Agreement on Capacity.
behalf of such party have the authority to execute this Agreement and by such signature(s)
thereby bind such party.
IN WITNESS WHEREOF, this pat-ties hereto have executed this Agreement on this
z’?%dayof ~IZuzr?r3&k ,1999.
MASTERSIFORMSIENCROACHMENTAGREEMENT
3
REV. 12l24l97
EXHIBIT “A”
Lot 968 of Carlsbad Tract No. 88-03-03, Arroyo La Costa, Unit 3 (Village B), in
the City of Carlsbad, County of San Diego, State of California, according to Map
No. 13636 Filed with the County Recorder of San Diego County on September
18, 1998.
’ . 270+-
EXHIBIT “B”
A 30’ wide drainage easement granted to the City of Carlsbad, as shown on
Parcel Map number 13636, in the City of Carlsbad, County of San Diego, State
of California, filed in the Office of the County recorder of San Diego County, on
September 18, 1998.
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~:~-PER0wG0-60 6 18’ RCP STORM DMIN
SEWER MANHOLE
30’ EXIST OfwMGE IDSEM PER &UP NO. 15636
8’ PK SEWER PER LCWO SrANMRos
LOT 966 EASEMENT EXHIBIT /’
EXHlBiT C / / /
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IMPROVEMENTS PER CITY OF CARLDBAD OWG NO. 329.3
ATLACUMFNT C PAGE 2
LOT 968
SCALE: HORIZ. l-=20’
VERT. l-=4’
,’ .
State of California
County of San Diego 1
On t2/ zq 1 t@VV? before me, L%%n H~~cCbA~G~ Q301Urq PA\;,
(Date) u *(Name, Ti’fle of Officer)’
personally appeared 6r-4 &Low A-A ~c=TT\ s%=
(N&e[s] of Signer[s])
X personally known to me -0lG
(c to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that h&he/they
executed the same in. hi&her/their authorized capacity(ies), and that by hieM&their
signature(s) on the instrument the person(s), or entity upon behalf of which the person(s)
acted, executed the instrument.
y hand and official seal
(This area for
official notary seal)
Title or Type of Document E5hccao-c\hM~~+ Pl4tccmcrr+ ”
Date of Document \z / 29 I \q +3 No. of Pages 3
Signer(s) other than named above
.- ^_
City of Carlsbad
January 24,200O
PO Box 1750 San Diego CA 92112-4147
Enclosed for recordation is the following described document:
Encroachment Agreement
Arroyo La Costa APN No’s: 255-301-22-00 Lot 968; CT 88-03-3
Also enclosed are instructions on how the City is to be billed for the recordation fees. Thank you for your assistance with this matter.
Sincerely,
KAREN MCKINNON
Office of Carlsbad City Clerk
Enclosure (1)
1200 Carlsbad Village Drive - Carlsbad, CA 92008-1989 l (760) 434-2808 @a