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Home My WebLink AboutCT 88-03-3; Standard Pacific Homes; 2000-0114171; Encroachment Agreement3573 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 DOC i 2000-0114171 Hf#R 079 2000 II:37 AM OFFICIfl. RECORDS SIAN DIEElI IXUNTY RECORDER'S OFFICE GREGURY ;EWH, COUNTY RECORDER : 40.00 $I!4i@QABQVE THIS LINE FOR RECORDER’S USE ,!: ,+i; .L ;;s ,, .‘i, “) :_:+ ;“j‘ ENCROACHMENT AGREEMENT (‘I -1‘ ,., ENf ,~A~~~~~~~~~ “‘~~~~~e~ent~‘j is entered.“: lint0 between the CITY OF CARLSBAD’(“City”) and STANDARD PACiFIC HOMES, (IDwnerJ’), in accordance with Chapter 11.16 of&e ~Carlsbad Municipal Code. ~j :, 1. Owner iskthe.own*;&f th2t cet2GJn -, pr~pe&;,~b~Ac;ed at Arroyo $k&q.&.~y. La Costa, Unit No. 3, Lot 902, Assessor’s Parcel Number 2%300-09, and ‘more particularly described in Exhibit “A’!$ ,;itttached ,hereto and incorporated herein by reference. ‘ __’ L ‘I 2. The~!East$&t. City currently o\iins’-an existing e&&-n&t over, under, and across Owner’s prup&y;for a storm drain easement which is described in Exhibit “B” attached hereto and incorporated by reference. i ‘( L> ‘:~ ((,(, “ I 7 ‘I 1 3. The Encr&ch$ent. ‘C@;hereby covenants ‘&‘$agrees and grants its permission to Owner to allow the fotFowing: approxjmately thirty (30) feet of sound wall; thirty (30) feet of fence with a fifteen 15‘ wide gate with a latch for the City of C&bad to attach a key lock for access to the manhole; a small portion of the driveway/walkway; and irrigation, shrubs, and ground cover across the existing Drainage Easement per Map No 13636. 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. MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12124197 3074 (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 Aareement. ,i.*g;!i’; IP :::‘r~w~~’ iI ,i , This ~~~~~~Zlt:i~~~~t~tutes 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’wi%h respect to the subject matter. ! 5. Notices, ;:“j&ny not@+ $hf& “‘i~‘*r&$&~ ‘ior: G&y 6;$’ given pursuant to this Agreement shall be; sent in’ writing by United States mail,,, first clash’; ‘postage pre-paid, registered or certified%Gth return receipt requested, or by other comparable commercial means and addressed as follows?‘~, ” : :s Ii_ I , ~, .j. If to the ~rty::l.lir’i’;~~~~~~~~~ ), ,) .:I City Engin& .ij:_j I & city of agg&$$y~: 2075 Las Palm@ Drive ,, ,, ;::i 2: : _, :,’ i .i &Jpzz tQ&hymr: ” Y:$, ,_“! ‘,$. c ,,” ,, 2: / ;.ij;i 1 ~,,L : -j : ,~ ,/IE s ‘,( L;:,; ‘:.:, * ‘(. (( I (I,(’ I Standaid Pacific :~o$k&s I:, :’ .’ it!, \‘“$ I;“, ,“, 1, Carlsbad;,CA 92699-I 576 Lb’ ,, 9335 Chesapeake Dr. 1‘ San Die$;,CA 92123 .+.i :I~“:’ 3 ,; 1 1~ which addresse+!may~b@~hanged’f$$m’timeto time by providing notice’ to the other party in the manner described above;’ “‘ :,(, ‘(_‘,, r: ‘1 .,(; ii I’,‘ 6. Wager,’ @&&&se&to or appioval of any act 0~ o&&[‘&y Owner shall not constitute a waiver of’any other default by Owner and shall not“& deemed,a waiver or render unnecessary City’s consent for approval to any subsequent&t 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 iAgreement. (,’ ,) ,i,i -2 3 ‘1, “:l,“i 7. Successors and As&&&. ~-~-I$$@$ &re&ent s&$ll be binding and inure to the benefit of the parties hereto and their respective ’ &gal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. Ill Ill Ill I MASTERSlFORMSlENCROACHMENT AGREEMENT RN. 12124l97 335 8. Each party represents that the person(s) executing this Agreement on Capacitv. behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this 9th dayof February ,200o -* STANDARD PACIFIC CORP., A Delaware Corporation DBA OWNER STANDARD PACIFIC HOMES CITY OF CARLSBAD By: Authorized Re By: APPROV~~~I,A~I;~~~~ORM: / ;i .‘,3x:$:: y . ;;q:: RONALD ,RQ@&k : 1‘ City Attor “$ t .: ! -::‘,~,. ,(, ‘, 2-i, _, 1‘ ,‘: : ‘C,‘i, e, ,_ ‘(( ” @,‘_ By: I MASTERSlFORMSlENCROACHMENT AGREEMENT RN. 12/24/g? 3676 EXHIBIT “A” Lot 902 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. 3677 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. - ., 3678 ATTACHMEA’T c PAGE 7 LOT 902 ,- .,’ > I., ’ 3679 \ - . . h P PAD 7 83.7 1 2 g 1 7.06 i I.F. 172.9 T 4.66’ i - h % -0 m L L T 1 5.88 . . 7 Qi\ 7? - q* A 4/m \ 3 IMPROVEMENTS PER C/N OF CARLDBAD DWG NO. 329.3 .?’ AYlACHMENT ,dZ. PAGF 7 LOT 902 Sc%LE; HORIZ. 1’20’ VERT. 1 l =4’ 3680 State of California County of San Diego > before me, On ~~a96,“ooo Kathryn L. Sisko, Notary Public (Name, Title of Officer)’ personally appeared Gregg Lifioff & J. Saxe------------------ (Name[s] of Signer[s]) X personally known to me -OR - (r) to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that -f&she/they executed the same in b&h&their authorized capacity(ies), and that by his/+&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 WHRYN L SISKO Commission + 1 lXB42 Notary Put& - CdfCdY _ Sol; 3iE?gc comty *,$# ccl-w- :3(: ‘.?.’ (This area for official notary seal) Title or Type of Document Encroachment Agreemen t - Arryoyo La Costa Lot 902 Date of Document Signer(s) other than named above No. of Pages 3681 SECRETARY’S CERTIFICATE The undersigned, hereby certifies that he is the duly elected, qualified and acting Secretary of Standard Pacific Corp., a Delaware corporation (the “Company”), that the resolutions attached hereto as Exhibits A and B were duly adopted by the Board of Directors of the Company on October 26, 1999 and November 29, 1999, respectively, and that such resolutions have not been rescinded or revoked and are in fill force and effect. /-3 /- 30 Dated 9911001CH 3682 EXHIBIT A Standard Pacific of San Diego RESOLVED, that notwithstanding the fact that the San Diego division of this Company is not a separate legal entity, the following individuals will serve as officers of the division indicated, in replacement of any and all officers previously designated: Ken L. Cablay President Suzanne Hiltscher Vice President Marketing Gregg S. Linhoff Vice President Project Development Jerry Saxe Vice President and Controller David L. James Director of Product Development RESOLVED FURTHER, that the above-listed persons be, and each of them hereby is, authorized to execute documents either as designated officers of the division or as authorized representatives of the Company with respect to the real estate development business conducted by this Company in such counties or areas which such division may from time to time conduct business; and RESOLVED FURTHUR, that the above-listed persons be, and each of them hereby is, authorized and directed to execute, deliver and file, as appropriate, such certificates, affidavits, agreements and other documents, make application for land use permits, including a Fictitious Business Name Statement identifying such person’s division as a division of this Company, and such other documentation as may be deemed necessary, desirable or appropriate to effectuate the purposes of these resolutions. 9911001CH . . . . ’ , 3683 EXHIBIT B Standard Pacific of San Diego WHEREAS, it has been proposed that Todd J. Palmaer and Ken L. Cablay be elected President and Executive Vice President, respectively, of the Corporation’s San Diego division effective as of December 1, 1999; and WHEREAS, it is in the best interests of the Corporation that Messrs. Pahnaer and Cablay serve in such capacities; NOW, THEREFORE, BE IT RESOLVED, that notwithstanding the fact that the San Diego division of the Corporation is not a separate legal entity, effective as of December 1, 1999, the following individuals are hereby elected as officers of the San Diego division, in replacement of any and all offices previously held by them: Todd J. Pahnaer President Ken L. Cablay Executive Vice President RESOLVED FURTHER, that the above-listed persons be, and each of them hereby is, authorized to execute documents either as designated officers of the division or as authorized representatives of the Corporation with respect to the real estate development business conducted by the Corporation in such counties or areas which such division may from time to time conduct business; and RESOLVED FURTHUR, that the above-listed persons be, and each of them hereby is, authorized and directed to execute, deliver and tile, as appropriate, such certificates, affidavits, agreements and other documents, make application for land use permits, including a Fictitious Business Name Statement identifying such person’s division as a division of the Corporation, and such other documentation as may be deemed necessary, desirable or appropriate to effectuate the purposes of these resolutions. 991 IOOICH 3684 State of California County of San Diego OnFeb 9, 2000 before me, Kathryn L. Sisko, Notary public (Date) (Name, Title of Officer)’ personally appeared Gregg LiAoff ancj J. Sac--------------------- (Name[s] of Signetis]) 1 personally known to me -OR - (5) to be the person(s) whose name(s) isfare subscribed to the within instrument and acknowledged to me that--h&&&they executed the same in H&h&their authorized capacity(ies), and that by hi&he&heir 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 KATHRYN L SISKO Commission # 1170042 Notary Public - California _ San Diego County hkvComm. Ewires (This area for official notary seal) Title or Type of Document ~C~~~chment~ AT cement-Arroyo La Costa Lot 952 I Date of Document No. of Pages Signer(s) other than named above