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Home My WebLink AboutCT 88-03-3; Standard Pacific Homes; 2000-0114172; Encroachment Agreement3585 DOG ,‘ 2000-0114172 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 MAR W-79 2000 II:37 f%-+i aTICIAL lmms SAM I)IEGl flfNNTY RECORDER’S OFFIM GREGORY ;.$TH, COUNTY RECORDER . . 37.00 llll~lll~lll~lll~lnlllllllilllll 2000-0114172 / : ,_ E LOT 952 CT 88-03-3 a,::2 t RIGHT-tJ)‘F-Yfi@k# PERMIT f$$X;~:;. RW OO-65/PR 99-04 ,> .::,;;;,l,i,,,,,;.,... ~/: *. >._ L L L GL(’ .:i:‘- ( ‘$ -. -” “i:” ENCROACHMENT AGREEMENT :,, L $3, (Q, ,‘j(> I:, ;““L;I i i I : “’ i,a i‘,.:;,‘ L, This E~~~~A~~~E~~ AG’~E~~gtq~‘“‘ \ p;$gjf&&~enP’) is&~temd ,,i;;lto between the CITY OF CARLSBAD (“City”) and STANDARQ PACIFIC HOMES, (“Owner”), in accordance with Chapter I,! ;jS &f4h$ :Carlsbad Municipal Code. :, 1. Owner& the owner of that certaih’&al property located at Arroyo La Costa, Unit ,No.: 3, Lot 952, Assessor’s Parcel Number 25!5-301-06, and more particularly described in Exhibit %“,:@tached hereto and incorporated herein by reference. -ijll ‘: ‘:1,:,,: 1 2. Tfie! Eas#ment. City currently owns an existing easement over, under, and across Owner’s pr&erty’for a storm drain easement which is described in Exhibit “B” attached hereto and incorporated by reference. ‘( ’ ‘_ a::_ :~I “ ‘1 3. The En;#&aehmentm dr~~~~~~~‘~ve~~~~~~~~~lagrees a&,::&ants its permission to Owner to allow the fotW4ng; appr&imately”thk-ty (30) feet of sound wall; thirty (30) feet of fence with a fifteen 15’ wide gate with a latch for the City of Carlsbad to attach a key lock for access to the manhole; 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. 12/24/97 4 3686 (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. This- A~~~~~~n~ .$onstitutes 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 partied with respect to the subject matter. ,;‘:jI,,iijII_I. .L :‘!,r:;; ‘,‘ 5. Notices, ~~~.i:~rty j notice which +:requfrM or may b&‘@ven pursuant to this Agreement shall be sent in~~writing; by United States “m&l’,, first‘ da&‘~postage pre-paid, registered or certified’with return ‘receipt requested, or by other~comparable commercial means and addressed as follows; j r.l (. (j ;/ 1 j .I If to the t$&::~,>:‘, :.i.;.i’!z’~ ,_, , _L !Jf tp,the,l+qer: “ :$‘{r y+i.i ::;::. :::_I’ I (:!_/_(~ Lt. : ,:~ (( :i & ._ . .‘4 ,: ; , ;I j City Enj&jeq,~~:~, -:i,::i (( ‘is’/ ;’ - *I : : Q’ : L 3“ Ij ,j,f i City of C$fl&&iJ jc$ “ Standartj Pacific HO& i !““I :j:/;; 2075 L&‘Palmy Drive , 9335 Chesapeake Dr. ‘,Iii“ Carlsbad, CA 92699-l 576 ‘- San Diego, CA ‘92123 >(‘, (,_ I$:( “ :’ I‘&, which addresses”may be’ changed f&m time to time by prov&ng notice’ toIhe other party in the manner described above. ,( ,d _’ ‘,” . I.!.!,$: 6. Waiver ‘Ci$p&onsenf.to or app;;$al of any act or ;&&&y Owner shall not constitute a waiver of any other default by Owner and shall notbe deemed a waiver or render unnecessary City’s consent for appiovat~to any subsequent act by“Owner.: ,Any waiver by City of any default must be in writing ‘and shatl~not be a’waiver of any other default concerning the same or any other provision of ‘the’ Agr’eement. ! ‘, (::~ .,’ j (,( 7. Successors and A& I ~I;~~~~;Agre~~~;lf‘:~Wa,l,be binding and inure to the d benefit of the parties hereto and their resp ctive ‘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. Ill III ill Ill MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 - . j l I’ 3687 - ’ 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: By: By: . . By: &k&&&zgw- ~~4 LLCyD~ KHUBBS@.E. Fe4 LLCyD~ KHuBBS@.E. : “ : “ Public W&s Dir-/City Engineer Public W&s Dir-/City Engineer ‘: ‘: ,‘) i ,‘) i ,(> ,(> L :: y’j y’j :(s ((L W&d :‘ii*‘,l.$$,‘f.‘ ,,I, i+l$l j _( ,,$lii. iji )_i ?‘,F, .iiii--.‘--‘.‘ f:_ ,) s!*,~ ,,: , ,: j ) ; i;! ‘L _: ,: ,,, “ ’ (( J., . <co 1 I;.~ .‘ s(/l_ / . :,~‘ , ’ I y1 -, ii!. ; ;a:, ~ : ;~, lyl_:’ )) ,,,, I ‘1 MASTERS/FORMS/ENCROACHMENT AGREEMENT 3 REV. 12/24/97 3688 EXHIBIT “A” Lot 952 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. . 3689 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. lnnlW,l a\’ . -‘, ‘)g ‘1 \, 4 / I\- . r\ \ ‘952 L L &V 4 GA \ ,Y Q ‘. . c \ ,121 30’ D?&i DRAIMwX EASUAEM Pup w No. 13636 30’ SEWER USMEKT Pm DOC. REC. 7-16-98 As f/P NO. 1998~OUllo2 0.R. . - FJ ‘=.fn’ ATTACHMENT c PAGE 7 LOT 952 , . . ( , / 3691 12.6’ 14.76’ 14.76’ IMPROVEMENTS PER C/N OF CARLDBAD DWG NO. 329.3 ,4TTAaMfNT C PAGE 7 LOT 952 SWE: HORIZ. 1 =JZO’ vurr. l-=4’ 3692 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 full force and effect. /-3/-&U Dated 991 IOOICH 3693 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 . Standard Pacific of San Diego 3694 EXHIBIT B 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. Palmaer 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 offtces previously held by them: Todd J. Palmaer 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 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 the Corporation, and such other documentation as may be deemed necessary, desirable or appropriate to effectuate the purposes of these resolutions. 991 IOOICH 3695 . 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 Lihoff anfJ J. Sac--------------------- (Name[s] of Signer[s]) t personally known to me -OR - (cr-y ~&M?ce) to be the person(s) whose name(s) #are subscribed to the within instrument and acknowledged to me that-hey executed the same in hi&h&their authorized capacity(ies), and that by -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 Comml~n#11~ Notary Public - Cdifomiq son CmQo counry Mdbnm.EWes Jan 17X02 (This area for official notary seal) Title or Type of Document *oroacJ~~~& AT cement-Arroyo La Costa Lot 952 Date of Document No. of Pages Signer(s) other than named above