HomeMy WebLinkAboutCT 96-02; Ryland Homes Of California Inc; 2002-0864964; Encroachment AgreementRECORDING REQUESTED BY
WHEN RECORDED MAILTO:
City Clerk
CITY OF CARLSBAD
1200 Carlsbad Village Dr.
Carlsbad. CA. 92008
OCT 079 2002 4:40 PM
DFFICIk RECORDS
SRN DIEGO COUNTY RECORDER'S OFFICE
FEES: 26.00 GREGORY d. SMITH, COUNTY ELORDER
SPACE ABOVE THIS LINE FOR RECORDER'S USE
ASSESSOR'S PARCEL NO.: 209-111-29
PROJECT NO. 8 NAME: PR 02-46
Terraces at Sunny Creek Lot 75
CT 96-02
RIGHT-OF-WAY PERMIT NO.: RW
ENCROACHMENT AGREEMENT
This ENCROACHMENT AGREEMENT ("Agreement") is entered into between
the CITY OF CARLSBAD ("City") and Ryland Homes of California, Inc., a Delaware Corporation
("Owner"), in accordance with Chapter 11.16 of the Carlsbad Municipal Code.
Foxtail Loop, within the City of Carlsbad, San Diego County, California, Assessor's Parcel
1, The Property. Owner is the owner of that certain real property located at 561 5
Number 209-1 11-30, and more particularly described in Exhibit "A", attached hereto and
incorporated herein by reference.
across Owner's property for public utilities which easement is described in Exhibit "B attached
2. The Easement. City currently owns an existing easement over, under, and
hereto and incorporated by reference.
3. The Encroachment. City hereby covenants and agrees and grants its permission
to Owner to allow yard drains to remain in a portion of the public utility easement. 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.
(C) The Owner must remove or relocate any part of the encroachment within
ten (IO) days or such other time as specified in the notice afler receipt of
H:IDEVELOPMENTSERVlCESiMASTERS!AGREEMENTS. OTHEWENCROACHMENTAGREEMENT
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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.
the parties with respect to the subject matter hereof and supersedes and replaces all other
Entire Aareement. This Agreement constitutes the entire agreement between
agreements, oral or written, between the parties with respect to the subject matter.
5. Notices. Any notice which is required or may be given pursuant to this
Agreement shall be sent in writing by United States mail, first class, postage pre-paid,
registered or certified with return receipt requested, or by other comparable commercial means
and addressed as follows:
If to the City: If to the Owner:
City Engineer
City of Carlsbad
1635 Faraday Avenue
Carlsbad CA 92008
Ryland Homes
5740 Fleet Street, Suite 200
Carlsbad, CA 92008
Attn: Brian Hix
which addresses may be changed from time to time by providing notice to the other party in the
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 Assians. 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.
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8. CaDaciW. Each party represents that the person(s) executing this Agreement on
HDEVELOPMENTSERVICESIMASTERSIAGREEMENTS, OTHERIENCROACHMENTAGREEMENT
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8. Capacity. Each party represents that the person@) executing this Agreement on
thereby bind such party.
behalf of such party have the authority to execute this Agreement and by such signature(s)
IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this
day of ,20-.
OWNER: RYLAND HOMES
By:
Title:
By:
Title:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney e
(Proper notarial acknowledgement of execution by Property Owner must be attached)
(President or vice-president and secretary or assistant secretary must sign for corporations. If
only one officer signs, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering that office to bind the corporation.)
I H:IDEVELOPMENTSERVICESJMASTERSIAGREEMENTS, OTHERENCROACHMENT AGREEMENT
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State of California )
) County of San Diego 1
personally appeared TO/? &!m ec
(Name[s] of Signer[s])
-0 me - OR- (or proved to me on the basis of satisfactory evidence) to be
the person@) whose name(s@re subscribed to the within instrument and acknowledged to
me thaasheithey executed the same inmeritheir authorized capacity(ies), and that by
peritheir signature(s) on the instrument the person@), or entity upon behalf of which the
person@) acted, executed the instrument.
WITNESS my hand and official seal
- Signature of Notary
(This area for
official notary seal)
Title or Type of Document
Date of Document
Signer@) other than named above
No. of Pages
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Exhibit A
Legal Description of Property
Lot 75 of Carlsbad Tract 96-02, Terraces at Sunny Creek, in the City of Carlsbad County
of San Diego, State of California according to map thereof No. 14060, filed in the office
of the County Recorder of San Diego County, October 27,2000.
Exhibit B
Legal Description of Easement
25’ wide Public Utility Easement to the City of Carlsbad dedicated hereon on Lots 75 and
76 of Carlsbad Tract 96-02, Terraces at Sunny Creek, in the City of Carlsbad County of
San Diego, State of California according to map thereof No. 14060, filed in the office of
the County Recorder of San Diego County, October 27,2000.
PLAT MAP
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NOT TO SCALE
EASEMEN7 25'
PROJECT NAME ENCROACHMENT NUMBER pRO2-46 5611 FOXTAIL LOOP, CT96-02 - LOT 75
EXHIBIT PROJECT C
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