HomeMy WebLinkAboutCT 99-02; Fieldstone Poinsettia Cove LLC; 2001-0063838; Encroachment AgreementDOC # 2001-0063838
2001-0063838 FEE3 02s 2ool. 4:40 FM
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad, CA. 92008
OFFICIAL RECORDS
9660 SAN DIEKI UMTY BORDER’S OFFICE GiifEORY #lITH, ~YRECSRDER : .
&WE THIS LINE FOR RECORDER’S USE
August 1 , 2000, thereo@$i’::: ,:r:j, I ,“,, !;:) 1 ‘ .,.. ““:,“!*“4,1iIp:‘ ;.+i:l%,
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The Easement. City c~~~~~~~~~~l~~~‘~~~isting easement for street and utility
purposes over, under and across Lot No.‘s 1, 2 and 3, which easement is more particularly
described and incorporated herein as follows:
General Utility and Access Easement to the City of Carlsbad, as dedicated on CT
99-02, according to Map 14101, recorded August 1, 2000, thereof.
3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow placement of “Enhanced Private Concrete Paving,” in accordance with City
Improvement Drawing 382-5 to remain in a portion of the private street and General Utility and
Access Easement. A plat showing the location of the encroachment is attached as Exhibit “A,”
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.
1
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 1 Z/24/97
9661
(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 (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
maintaint;
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.
MASTERS/FORMS/ENCROACHMENT AGREEMENT REV 12/24/97
9662
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, this parties hereto have executed this Agreement
5* day of &n&Qf~ ,44.2@1 J
OWNER: CITY OF CARLSBAD
FIELDSTONE POINSETTIA COVE, LLC “,, * e_s_ :;..:j41 qy :_1 ,,j, *_ a Delaware Limited Liability Compmi: :“~~~~?ilii:.i.:“~~~~~:,: i (I(‘, 0 ljil,f ‘;.‘:@&&j ?fii
By:
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City
on this
(NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.)
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT AND THE SECRETARY OR
ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS
DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF
DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE
CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE
INDIVIDUAL SIGNED IN BEHALF OF THE CORPORATION WILL SHOW SUFFICIENT
AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
I MASTERS/FORMS/ENCROACHMENTAGREEMENl REV. 12/241%7
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State of California
9663
~ County of San Diego
On&!h~f~ 5 zw\ before me + ’
I-. bhe h&le< AJo-I-~~~ , (Name, Title of Officer) V
personally appearedBiN?!!, L-ThdChtY -and R\lQfl M’-kik
(Name[s] of Signer[s]) ,
personally known to me - OR- ctory evidence) to be
,.,d acknowle,,ged to
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Signature of-l\l&@:[~$; ;; i; z I?
Date of Document
REV. 12/24/97
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CT 99-02 ENCROACHMENT AGREEMENT EXHIBIT
IN GENERAL U TlLlTY
AND ACCESS EASEMENT
GENERAL UTILITY AND
ACCESS EASEMENT
(TYPICAL)
IN GENERAL UTILITY
AND ACCESS EASEMENT