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HomeMy WebLinkAboutCT 99-02; Fieldstone Poinsettia Cove LLC; 2001-0063838; Encroachment AgreementDOC # 2001-0063838 2001-0063838 FEE3 02s 2ool. 4:40 FM RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 OFFICIAL RECORDS 9660 SAN DIEKI UMTY BORDER’S OFFICE GiifEORY #lITH, ~YRECSRDER : . &WE THIS LINE FOR RECORDER’S USE August 1 , 2000, thereo@$i’::: ,:r:j, I ,“,, !;:) 1 ‘ .,.. ““:,“!*“4,1iIp:‘ ;.+i:l%, 2. :::&p r~$:+ _: ,;;,‘:;,,“,j;, :,:;il -${,;:;.- :, _: ..?p p: ,’ The Easement. City c~~~~~~~~~~l~~~‘~~~isting easement for street and utility purposes over, under and across Lot No.‘s 1, 2 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 99-02, according to Map 14101, recorded August 1, 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 382-5 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. 1 Z/24/97 9661 (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 (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 maintaint; 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 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 9662 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. IN WITNESS WHEREOF, this parties hereto have executed this Agreement 5* day of &n&Qf~ ,44.2@1 J OWNER: CITY OF CARLSBAD FIELDSTONE POINSETTIA COVE, LLC “,, * e_s_ :;..:j41 qy :_1 ,,j, *_ a Delaware Limited Liability Compmi: :“~~~~?ilii:.i.:“~~~~~:,: i (I(‘, 0 ljil,f ‘;.‘:@&&j ?fii By: &&retary :, :*:: :$a. i:, ,I ” ,‘_’ ;e. -I! ‘,*,___ 8 ; “;I’ “! ‘: :i i ., ,I : : .:, :‘;,“,& && ‘iii;: ,;&’ > ,: ,~:i>~.tg;~i’ :,*z :_ .iy;;,jii;;;’ :$p; rrr&:,: $..,,A;.$ City on this (NOTARIAL ACKNOWLEDGMENT OF EXECUTION BY OWNER MUST BE ATTACHED.) NOTE THAT THE PRESIDENT OR VICE-PRESIDENT 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. I MASTERS/FORMS/ENCROACHMENTAGREEMENl REV. 12/241%7 r . ’ State of California 9663 ~ County of San Diego On&!h~f~ 5 zw\ before me + ’ I-. bhe h&le< AJo-I-~~~ , (Name, Title of Officer) V personally appearedBiN?!!, L-ThdChtY -and R\lQfl M’-kik (Name[s] of Signer[s]) , personally known to me - OR- ctory evidence) to be ,.,d acknowle,,ged to - > .: : t::*l.,,; :;p i s - :!;:‘&% I$::,’ ~, hi&tet&ei3 siana .~;:>&i:: &.!‘jli~: ;‘l((ii:i,l: i;“<j! ‘:I i’. @$J~,;,*‘:i; _** I’ :__;,;:j $.;‘.I,;< ;,, ,y,: - -Y .~~~~lii ,,,~~~~,~~~~“lnstrurnent the person(s), or?%#~ &ps&$:@@,balf of which the ~~j~~+; ‘,.: : ” ?i: &,, __._‘ _. ‘__ :: _i,._., . person(s) acted~~~~~~~~“-j: J.5 ,‘:“.‘. i:. :.. . . . ,?,.f: && instrument. _’ I!:_ _. ‘: ;I_:_ :I, -y:>. .‘ a_ __ “id $:;,;f;’ r,!:.~.:‘I‘I:2 : ,‘I’ ‘,I ,i& _I., ,,i ,: ‘ .i:.;: “?il!!::t~~jl~l”ri~~~:.~:~:~ : LyjGii&;lr:?@~;, ,, ‘*’ :‘qi * , ;;&~~~~ : :::‘:‘:“,,:~,“.,.i”~.,, ,_ ;::?‘p _, ._ ‘I’ ‘;.:y “‘L”?;$f$‘: ,s,, ,“” bji;:*‘,p<;kg$,, “‘,;,;j;>, I__j ,,::i~.,,~~::~~~~(, 1:“. 1.. :$gr: >__ Ti’ :;j, IS Ai<- ,i__” e1 I l yi__ i’$r;;,p _,!, !, i iii..- ‘S __:_‘; s’: ,, .: ., :, .,. __ I;“;;> _:‘- . . _::’ y;r::ps ;,:::,::y~r:ti; j i:qil(, ,.‘,E,i ~:a,~;:;*i;:i;.:~~~‘~~~~,~ WITNESS mv bnd and%Mficial seal ,; “, ” Signature of-l\l&@:[~$; ;; i; z I? Date of Document REV. 12/24/97 , -. ’ - .~ . CT 99-02 ENCROACHMENT AGREEMENT EXHIBIT IN GENERAL U TlLlTY AND ACCESS EASEMENT GENERAL UTILITY AND ACCESS EASEMENT (TYPICAL) IN GENERAL UTILITY AND ACCESS EASEMENT