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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// JIJ I!/ MASTERS/FORMS/ENCROACHMENT AGREEMENT RN. 12124197 JJJ 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. c P ~:~-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 / / / / PAD 4: E a +I 8 3: 148.8 . 4 Lo co -& 8.24 \ N ‘L t 1.7’ 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