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Home My WebLink AboutCT 96-02; Ryland Homes Of California Inc; 2002-0864965; Encroachment Agreement, .. . :. DOC # 2002-0864965 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SM DIEG~~ COUrrTV ~EGORDER'S OFFICE GREGORY J. SMITH, COUNTY RECOKMR FEES: 2h.00 SPACE ABOVE THIS LINE FOR RECORDERS USE ASSESSOR'S PARdEL NO.: 209-111-30 PROJECT NO. & NAME: PR 02-45 Terraces at Sunny Creek Lot 76 RIGHT-OF-WAY PERMIT NO.: RW CT 96-02 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. 1. The Property. Owner is the owner of that certain real property located at 5615 Foxtail Loop, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 209-1 11-30, and more particularly described in Exhibit "A", attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing 'easement over, under, and across Owner's property for public utilities which easement is described in Exhibit "B attached 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. (8) 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 or expense arising out of (1) loss or damages to property and (2) injury removal of the structure installed hereunder, including any loss, damage, 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 after receipt of HIDEVELOPMENTSERVlCESMASTERSiAGREEMENTS. OTHERIENCROACHMENTAGREEMENT 1 REV. tm4197 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 Agreement constitutes 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 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. Ill Ill Ill Ill Ill 8. M. Each party represents that the person(s) executing this Agreement on HIDEVELOPMENTSERVICEYMASTERYAGREEMENTS. OTHEWENCROACHMENTAGREEMENT 2 REV. 12i21197 8. Capacity. Each party represents that the person(s) executing this Agreement on 3ehalf of such party have the authority to execute this Agreement and by such signature(s) :hereby bind such party. IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this - day of ,20-. OWNER: RYLAND HOMES CITY OF CARLSBAD n By: Title: APPROVED AS TO FORM: RONALD R. BALL City Attorney By: 4Ldk [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 mly 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.) 1:IDEVELOPMENTSERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENTAGREEMENI 3 REV. 12/24/97 State of California Sounty of San Diego personally appeared 3bn demer (Name[s] of Signer[s]) 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 tha@he/they executed the same i&er/their authorized capacity(ies), and that by @her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. cc WITNESS my hand and official seal Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document No. of Pages Signer(s) other than named above HIDEVELOPMENTSERVICESIMASTERSIAGREEMENTS. OTHEWENCROACHMENTAGREEMENT 4 REV 12/24191 Exhibit A Legal Description of Property Lot 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. 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. LOCATION MAP I i I I NOT TO SCALE I I II I HOUSE LOT 76 \ \ * \, . \ . \ PROJECT NAME ENCROACHMENT PROJECT EXHIBIT NUMBER 5615 FOXTAIL LOOP, CT96-02 LOT 76 PR02-45 C IM E$ SCOTT EVANS, WRLS8AD ENl7NEfRlNG KPT. 5/13/02 C:\KKLWMENT PROXCIS\PRO2-45M6Dffi