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Home My WebLink AboutCT 98-15; Continental Residential Inc; 2000-0522868; Encroachment Agreement’ 3 . n . . , DOG - 2000-0522868 .* RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 SEP 29. 2000 II:00 PiM 6562 OFFICIAL MrnDS SAN DIEGO COUNTY RECORDER’S OFFICE GREGORY J. St4ITHr COUNTY i?ECMi’KR FEES: 25.00 I yyYllllllll 2000-0622888 SP&CE ABOVE THIS LLNE FOR RECORDERS USE :, :;::f’,. ,,>,i .> i_ ,, 1.:. .‘., .;.I’: j ;,! &&#&&~A&$~L’NO.: 221-830-04-00 ,:PROJ$CT itlO. 6, NAME‘: “, ” CT 98-15 ;’ .$&~c~~ Ca;gillo +Allk&e ~cESir I : 7 (j 2 :, :j: :,; ; ;’ RIGHT-OF-WAY ;ERpK !+i: ’ $ji &j’!?:., ..*&,, ?:j, .s:,, ‘I :l(‘$ I; _; ,#$ _ A?$, Ii.9 ,I,, ,A $3 ‘Z., 3, ENC~~~~~MEMTAGPEEMENT _:“, ,I :I* : . ..., _:i:, $:‘,: This ENCRGW$&vlENT AGREEMENT (“Agreement”) is entqred “%to between the CITY OF CARLSB’AD. (“City”) and Continental Residential, Inc., ai, Californ& Corporation (“Owner”), in accordance with Chapter 11 .‘l6 of the Carisbad Municipal C&e. ‘:: more particularly d&$ribed in Exhibit “A”, attached hereto and incorporated herein by reference. ,> .I ;, >, ‘I :l;l I”< :.$q” 2. The Ea~Bment. Ci~,~~~~ntly, owns!:, a~“i~~Ibj~g ease~~t over, under and across Owner’s property f&sewer which ‘easement is ‘described in:,Q&ibit “6” attached hereto and incorporated by reference. 8,: _,,, ‘6 3. The Encroachment. CiG f&&by $&&&& &-J agrees and grants its permission to Owner to allow concrete block wall, private storm drain, and sidewalk to remain in a portion of the sewer easement. A plat showing the location of the encroachment is attached as Exhibit “c” attached hereto and incorporated by reference. This Agreement is subject to the following terms and conditions: (A) The encroachment shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owner and its successors in interest. (B) The Owner shall agree at all times to indemnify and hold the City free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the structure installed hereunder, including any loss, damage, 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12LW97 6563 or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (C) The Owner must remove or relocate any part of the encroachment within ten (10) days or such other time as specified in the notice after receipt of it from the City Engineer, or the City Engineer may cause such work to be done and the reasonable cost thereof shall constitute a lien upon the pwerty. (D) Whatever rights and obligations were acquired by the City with respect to the easement shall remain and continue&l full force and effect and shall in no way be affect& ~~~~~~j~~~‘~~~~~~~~ p&&&n to construct and maintain the encro&hmer& stru#rre. !$S !, 4. Entire Agreement. Th&$reement c&nstitMes the, &nt@ agreement between the parties with respect to the subject matter hereof arid su.persede~‘XInd replaces all other agreements, oral or w&en, between the parties with respect tothe subject matter. ! “I,, :I-:, :I3 :::ij:, 5. Notices. Afly notice which is required or may ‘#!!;!:&~ “p$Fuant to this Agreement shall be Isent, in writing,, by United States mail, first “‘&ass, pos&ge pre-paid, registered or cemfied wit!% return receipt’requested,;& by other comparable c@$&rcial means and addressed as follow&: i:.,, i ‘.. zIll_, ;, 1 !I .i,g ;, :, If to the’C=j&$y 3;’ ” _: ;; :I 1’ ,j.:, City Et-&eel* city of O~lsbad’-‘ii“ “‘$3 1635 Farad&$ Av$nue Carlsbad, ~~~~~~~~:~:~ j i: ,_ ,, “.,S’, .i. i.;_ iSI, i ., ‘,:i;j$ i ‘ j .,. Iti_,. :;: &II which addresses n-&be &&g$&‘bm time to time by providingV%#cti! t.o@&ther party in the manner described above. ” ,_ ” ,;,.;tzi ,’ ‘is ” ’ .“$ :., ,, 1, :.; j 7.i,j :Z. ,, ‘_ 6. Waiver. City’s cans&~@ or abfirovaj of any.ac$‘or oiriission by Owner shall not constitute a waiver of any other default by Cwner and shalf’%ot be deemed a waiver or render unnecessary City’s consent for approval’ to any subsequent act by Owner. Any waiver by City of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of the Agreement. 7. Successors and Assigns. This Agreement shall be binding and inure to the benefit of the parties hereto and their respective legal representatives, successors, and assigns. Owner agrees to incorporate this agreement by reference in any subsequent deeds to the property, but any failure to do so does not invalidate this provision. MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 12/24/97 - 6564 8. Capacity. Each party represents that the person(s) executing this Agreement on behalf of such party have the authority to execute this Agreement and by such signature(s) thereby bind such party. e IN WITNESS WHEREOF, this parties hereto have executed this Agreement on this day of 5-f IS - ,20 b-8 -- OWNER CITY OF CARLSBAD CONTINENTAL RESIDENTIAL, IN;& a.:,, 1 ,_ California corporation, formerly kn@@’ L & W Investments, l~c;~ a, CaliBrnia :, 7 ,,. @#; i <!:;t,i. ;i“; ,>:, (, successor ~4& ti$gpi tq ’ ‘,, I>, corporation, ! ,_ Continental Ranch, :_ In .:’ ‘la j,; ; ,,, : 1 ,_; ! ,_ corpora .i,, *< :$!l__ 5. ,. ,: By: By: Title: “‘i,i.l;-; ,._. .iii.!... ,, ” > : ,_ ,j ,, ,.. . . ,, By: ..d :,i : ,+p _’ >l ,L.. x .:;:i ,, .:g; i y,‘; yl f”l : : .,:’ :, ;_ $ .>:I$ ” $#& !’ ,::_; .:i i; yj_ Title: /: ,,,_, : : @“:; ~,iW ::i gp, s ,e>_ ,.i&;i:i ,I .;.$ ,.,:!.‘$i.‘M , :,* .$&$, & ,iQ i. ;(:_lil, ;$_:i ,, ;‘Prp I$( 6~ ,, i>, I Ii” :.jjfi; ~ ,, . _I: +g,. j&j ! ‘* ‘$ 2;; ;,’ ,,, ,__, ill ;,; _I , ;,: i’ ;.i : yi’ I,_ _~ : &:A? s fj’:’ ..:1.3 A,,,,RO”ED AS &of+: ,‘;’ “I ,‘i:ix;. ‘_‘.(’ :.-;_j;lii’;, ,jl?i’ >i .($;:I[ s ‘> ’ ,_il_L:: ,,, _, ,< ,S.i’>.j RONALD R. B&k’ ” _; “‘!I:_ ,_ I.,.&“ ” ,^ 4 , ~:i~~;ig,‘;,,’ ” j, ,’ ‘I+ _$L, _, ..,ijz: ,, .& : ,_: ; I>$ ; ,I dLIIf L,, ijj I ‘,_ Ij ,I, _‘:I:;, By: REV. 12/24/97 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT - 6565 State of California County of San Diego 1 On %A, \5,2ho3 before me, m&AC 14, K-H++.v l t4tih Qub\ic (Date) (Name, Title’of Officer)’ personally appeared %U-\d A. Lb4hIr -~ (Name[A of Signer[a) I personally known to me -OR - (6) to be the persor@ whose name@) is/we subscribed to the within instrument and acknowledged to me that he/m executed the same in his/her%& authorized capacity@@, and that by his/herAMr signature(#) on the instrument the person& or entity upon behalf of which the person(CQ acted; executed the instrument. WITNESS my hand and official seal wY)&c.&-w Signature of Notary (This area for official notary seal) Title or Type of Document Date of Document Signer(s) other than named above No. of Pages - 656~ Exhibit A Legal Description of Property Lot 2 of Carlsbad Tract 98-15, Ranch0 Carrillo Village “B”, in the City of Carlsbad County of San Diego, State of California according to map thereof No. 14002, filed in the office of the County Recorder of San Diego County, July 8,200O. Exhibit B 6567 Legal Description of Easement 20’ wide Sewer Easement to the City of Carlsbad dedicated hereon on Lot 2 of Carlsbad Tract 98-15, Ranch0 Carrillo Village “B”, in the City of Carlsbad County of San Diego, State of California according to map thereof No. 14002, filed in the office of the County Recorder of San Diego County, July 8,200O. . ,* EXHIBIT C 6565 ENCROACHMENT AGREEMENT FOR RANCH0 CARRLLO VILLAGE ‘BP’ CT 98-15, DWG No.383-6 WALL PER CITY DWG No.383-6B SUBDlVlSlON \ BOUNDARY HUNSAKER & ASSOClATES SAN DIEGO, INC. 2. 0 20 - 40 6G PLANNING - ENGINEERING - SlJRKilNG 10179 HUENNEKENS STREET - S4N DIEGO. CI 92 121 (658) 556-4500 - FM (Sscr) 558-1414 r:\Ol I l\&eng\ex en~roochmenl shl Ol.dwg SCALE 1” = 20’ CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Assistant Secretary of Continental Residential, Inc., a Californiacorporation (the “Company”), is familiarwith the facts herein certified and is duly authorized to certify the same. 2. The following is a true, correct and complete copy ofresolutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated January 1, 2000 (the “Resolutions”). The Resolutions have not been amended, rescinded or modified and remain in fill force and effect as of the date hereof. Authoritv of David A. Lother. Vice President WHEREAS, effective April 20,1998, David A. Lother was elected to, and continues to serve in, the office of Vice President of the Company (the “Vice President”), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED, that in COTUEC~~O~ with land development for the Company, without the prior approval, and without the signature, of any other officer of the Company, the Vice President is hereby authorized and empowered, in the name and on behalf of the Company, to execute and deliver contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, including subc‘ontractor agreements, maintenance contracts, applications to the Department of Real Estate for approval of budgets, homeowner association documents and various’ other documents, homeowner association documents, entitlement submissions, security bonds, subdivision improvement agreements, permit applications, easement deeds, agreements with adjacent property owners, co&king contracts and similar or equivalent agreements, documents or instnlments. N WITNESS WHJZREOF, the undersigned has set his hand on the 26th day of January, 2000. CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Assistant Secretary of Continental Residential, Inc., a California corporation (the “Company”), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The following is a true, correct and complete copy ofresolutions related to the subject matter as adopted by the Consent of Sole Director of the Company dated January 1, 2000 (the “Resolutions”). The Resolutions have not been amended, rescinded or modified and remain in full force and effect as of the date hereof. Authority of Larrv N. Cortes, Vice President WHEREAS, effective April 20, 1998, Larry N. Cortes was elected to, and continues to serve in, the office of Vice President of the Company (the “Vice President”), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED, that the Vice President is hereby authorized and empowered, in the name and on behalf of the Company in the absence of the Company’s Division President, and (i) subject to written corporate approval by any one of the following officers of the Company: a) Donald R. Horton, b) Donald J. Tomnitz, c) Richard Beckwitt, or d) Thomas F. Noon (the “Approving Officers”), to execute and deliver contracts, agreements and other documents and instruments for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto and, such instruments may include but not be limited to waivers of conditions to close; and (ii) subject to the written corporate approval of any one of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Company, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Company. RESOLVED FURTHER, that in connection with the accounting function and land acquisition of and for the Company, without prior approval of the Approving Officers and without the signature of any other officer of the Company, the Vice President is hereby authorized and empowered, in the name and on behalf of the Company, (i) to execute and deliver financing documents, property tax . 6 . ’ appeals, service contracts, and wire transfers and (ii) to perform environmental review, title review, escrow document review and fee analysis, and to execute and deliver contracts, agreements and other documents and instruments in connection therewith. IN WITNESS WHEREOF, the undersigned has set his hand on the 26th day of January, 2000. Paul W. Buchschacher, Assistant Secretary U:VKESLERUlin\ContRes\OOJan26-COS2.wpd