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Home My WebLink AboutCT 97-22; Shea Homes LP; 2001-0063837; Encroachment AgreementDOC # 200140~3837 2001-0063837 FEB 029 20Q1 4:40 FM RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIAL RECORDS WI DIEGO ttOlJMY RECORDER’S OFFICE 9651 GREGORY ~EmH9 im$Y*REcmDER . . . Carlsbad Boul ement for street and utility purposes over, under and across Lot No.‘s 1 and 3, which easement is more particularly described and incorporated herein as follows: General Utility and Access Easement to the City of Carlsbad, as dedicated on CT 97-22, according to Map 13967, recorded May 12, 2000, thereof. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to allow placement of “Enhanced Private Concrete Paving,” in accordance with City Improvement Drawing 380-5 to remain in a portion of the private street and General Utility and Access Easement. A plat showing the location of the encroachment is attached as Exhibit “A,” hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the Owner and its successors in interest. 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV 12/24197 9652 (W 62 0 The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable c#..thEreof shall constitute a lien upon the .$;;lii’;;& -subject ~~~~tik~~~~~~~ernent between ..i:‘,,$1. . . matter hereof and supers&$+ gnd @!aces all other . . . . ., _ . . . .‘i _/ : ._ ::: ip;;:: This Agreement constitutes t&3 .’ ; : __ :‘:‘;:.; Spect to tne SuBj@C’ meI? : _<’ _,_ &“.. -I ,, which addresses may b manner described abov 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 Assinns. 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 MA.STERS/FORMSlENCROACHMENTAGREEMENT REV. 12/24/97 9653 8. Capacitv. 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 on this 5th day of January ,rq .2001 OWNER: CITY OF CARLSBAD SHEA HOMES LIMITED PARTNERSHIP a California Limited Partnership ,,,j_._ .-,-;;;::“, y :,;;@c::::.: ‘& .’ _” ~Y+::~~ ,,;:;‘!E;; __ _:,,,:.’ “‘:..,, Name: 1 Title;, 1 Pau; p jASSl,?& By: By: By: Title: ,.,/ ,_ I:, ,,$&. $&+b;t;a*‘~~ecretarv _.,:J;j+ ii ‘, +:, )lWb eip+ .:c__ : &,,i, _. (NOTARIAL ACKNOWLED@a BE ATTACHED.) NOTE THAT THE PRESIDEN 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. MASTERS/FORMS/ENCROACHMENT AGREEMENT 3 REV. 12/24/97 State of California County of San Diego 1 On Jan. 8, 2001 before me, . Susan L. Triminaham, Notary Pllblu= 9 (Date) (Name, Title of Officer) personally appeared Paul Barnes and John Vance 1 (Name[s] of Signer[s]) personally known to me - OR- _’ :_& .f t r’ ,: ii REV. 12/24/97 I MASTERS/FORMS/ENCROACHMENT AGREEMENT .* 9655 CERTIFICATE OF CORPORATE SECRETARY OF J. F. SHEA CO., INC. June30,2000 1, James G. Shontere, Secretary of J. F. Shea Co., Inc., a Corporation created and existing under the laws of the State of Nevada, do hereby certify and acknowledge the following action taken by the Board of Directors of this Corporation without a meeting as permitted by the Bylaws of the Corporation and applicable law. RESOLVED, that the following named individuals are hereby elected to the offices appearing after their respective names, and will serve for the remainder of the year or until their successors are elected and quallled: RESOLVED, that any one of the following named officers of .this Corporation: John F. Shea, President; Edmund Ii. Shea, Vice President; and Peter 0. Shea, Vice President; or any other person or persons designated in writing by any one of said officers, or any two of the individuals named below, are hereby authorized and empowered for and on behalf of this Corporation, on its own behalf or acting as general partner of Shea Homes Limited Partnership, a California limited partnership, to execute any bids, contracts, bid bonds, deeds, maps, plats or any other agreements or documents necessary for the performance of such contracts, agreements and/or documents, to execute any documents required to borrow funds from any lender to be secured by real or personal property owned by this Corporation, to execute agreements to purchase, escrow instructions, and any related documents in connection with the sale and conveyance of real property developed and sold by this Corporation on its own behalf, or acting as general partner of Shea Homes Limited Partnership, a California limited partnership, or any other real property owned by this Corporation, and to execute notes, deeds, maps, performance and payment bonds, deeds of trust, mortgages, guarantees, receipts, and all other documents necessary and convenient to carry out the business operations of this Corporation on its own behalf and doing business as Shea Homes, or acting as general partner on behalf of Shea Homes Ljmited Partnership, a California limited partnership: *John F. Shea, Director ‘Edmund H. Shea, Jr., Director *Peter 0. Shea, Director Roy W. Humphreys, President Richard C. Andreen, Vice President Mark Brock, Vice President Howard Hulme, Vice President Max B. Johnson, vice President Ron Lakey, Vice President Layne Marceau, Vice President David Miller, Vice President Buddy Satterfield, Vice President Bert Selva, Vice President Les Thomas, Vice President David J. Van Ramshorst, vice President Bruce J. Varker, Vice President Robert R O’Dell, Treasurer *James G. Shontere, Secretary 2 83Vd 9WX9858:XVd AN rWO31883V SMOH KIHS :!iOYOBd NV 9P:60 3-U TOOZ-&Z-NVr 9656 . Certificate of Corporate Secretary of . J. F. Shea Co., Inc. June 30,ZOOO Page 2 Assistant Secretary: Tim Ambeny Richard Raymond Andersen Joanne Anderson Paul L. L. Barnes Ernest J. Boiino Sue Brady Robert T. Bunyan Kurt R. Burger Robert M. Burke Wilfiam M. Bush Robert V. Claflin Robert L. Crandall Phil Culler Scott Custer John C. Danvers Jeffrey H. Donelson Jason L. Enos Yvonne Espinoza John Franklin Takashi Fujii Thorn Gamble David Garcia Karyl Gately Donald J. Gause W. Steve Gilmore Jack Godard Ryan Green Shirley V. Grimm CarIy Hartacher Charla L. Hauser Laura Herse Jeff Hinkle Dale Holbrook Paul A. Howard Catherine M. Huff James Johnston Jeffrey F. Kappes Jim Kenny Teresa G. Kershisnik John Kilrow Richard A. Knowland Debra L’ltaliin Chester T. Latcham Hal Looney Joyce Manigold Marion P. Marcum & 83Vd 9&P!6&98S8:XVd AN MO3083V SBYIOH VlHS:i'iOIOIId PIV It:60 3Il.L 100Z-&l-NW 9657 Certificate of Corporate Secretary of J. F. Shea Co., Inc. June 30,200O Page 3 Assistant Secretary (continued): H. James Matthews Oren Jon McCaustland Jeff McQueen Ronald C. Metzler Kevin O’Neill Richard J. Obemesser Brad Olsen Steve Oniston Lee Pacheco Jennifer Patterson Kevin Peters Ken Petersen Robb Pigg William J. Pisetsky Wesley D. Popplewell Philip Rafton Tim Roberts Darlene Robinson Cynthia Roush Carol A. Ryan Aiison B. Shea Teri Shusterman Eddy Skees Eric Snider Karen Tice Alan F. Toffoli. Linda C. Tong Michael J. Tracy Ruth Truman John 6. Vance John Vander Velde Lily A. Wallace Brian L. White Lisa Whitney Jeffrey D. Willis Michael F. Wintemute Robert J. Yoder Jay Zimmer *Board of Directors NOTE, that the above list is the result of the deletion of N. Kelly House and Jeanne Stott. P XWd 9EWE9858:XVd Ml rW03K13V SSYIOH VBHS:PiOBd yrp' Lb:60 3-U IOOZ-&Z-NW 1 .* ’ 9658 Certificate of Corporate Secretary of J. F. Shea Co., Inc. June 30,200O Page4 . RESOLVED FURTHER, that either the President, VI President or Assistant Secretary of Shea Homes, Inc. is hereby authorized to execute and file on behalf of this Corporation applications with the office of the ‘California Real Estate Commissioner, or the Colorado Real Estate Commissioner, for final Subdivision Reports, or any similar document required or advisable with respect to all or any potion of any real property which is owned by this corporation. In testimony whereof, 1 have hereunto set my hand and the Corporate seal this 30th day of June 2000. J. F. SHEA CO., INC. JamegG. Shonfere Secretary 21 ElVd 9EPKiE98S8:xVd AN WtO3083V SBYIOH VBHS:WOM WV' LPI60 Xl,L 100Z-U-NW -_ * n Kl -__ L CT 97-22 ENCROACHMENT AGREEMENT EXHIBIT 9k37 ENCROACHMENT ENHANCED PA KMEN T IN GENERAL UTILITY AND ACCESS EASEMENT I i 1 / ENCROACHMENT ENHANCED PA VEMENT IN GENERAL UTILITY AND ACCESS EASEMENT I - 2 - - II I 8 u 6 z :ENERAL UTILITY AND GENERAL UTILITY AND ACCESS EASEMENT ACCESS EASEMENT (TYPICAL) (TYPICAL) 1 ENCROACHMENT ENCROACHMENT ENHANCED PA MMEN T ENHANCED PA MMEN T IN GENERAL UTlLlTY IN GENERAL UTlLlTY AND ACCESS EASEMENT AND ACCESS EASEMENT II ENCROACHMENT ENHANCED PA VEMEN T IN GENERAL UTILITY AND ACCESS EASEMENT EXHIBIT ‘A ’ ncroachment.dw4 11-15-00 2:[