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Home My WebLink AboutCT 99-09; DR Horton San Diego Holding Company Inc; 2001-0063839; Encroachment Agreement20014063639 FEB 02, 2001 4:40 PM RECORDING REQUESTED BY WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA. 92008 9665 OFFICIAL RECORDS NH DIEGO CttUNTY RECORDER’S OFFICE GREGORY kEllITH. Cl$TYYRECORDER : . __,‘_ i__;_;‘~‘!ti+ :.,:+ii:: . . ..“~ ENCROACHMENT AGREEMENT‘: ::T .t’:_ ‘-: I!jj;t;;;_ ..~::~l#&$~$Q$y , ,I_, “. ::: ;;_ ,, ,:i::%::d’lr ::_:_ ;___ ENT’.‘“A&)$$@Nf _’ “‘(~~g~~&,&t”) ~:;:i:;~ljr;~,~;~$;~, is ‘,~~&f&<~‘: “::&nta between “City”) a’nd D.R. ‘“Ha&m Sqp ‘Diego j-i&& O$f@any, Inc., a er”), in accurdance ‘with Chapter 11 .iS oft& C$r&ad Municipal ,, ‘:pi&‘<3’~ . . fi!“;!Q$ __ : I>:, ‘, < “g,:‘;;$: :,. :,i &p$:‘:,,$ ., -qll j:q ,, Being a subd~&~oA”‘@ $@#& &fj$ of C&bad Carrillo Village %iJt$@+~i+ ~~~~~~~~~~~:~~f Q ‘i~~~~~-~44~~~‘93-04), Ranch0 map thereof No.~‘~‘~~~&Q, fi%d$% the’:‘@% te of‘Galifornia, according to County on June 10, I'$@; :,.a ,:,, (j '?',' ,zzi'jr~~j " hty &$corder of San Diego $:I 1.. '~;$!:'": 2. ~:q&;;Il:: :l;i:~,~~~~~~~~;~,,~ t&&y;i::;;, _ _+ ; : ,' The Easement. City cii”~~~~~~~~l~~:~~~ting easement for street and utility purposes over, under and across Lot No. 1, 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 99-09, according to Map No. 14125, recorded December 28, 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 386-8 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 MASTERSlFORMSlENCROACHMENT AGREEMENT REV 12/24/97 _ -. 9666 (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 ute a lien upon the aces all other 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 Assions. 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. 1 MASTERS/FORMS/ENCROACHMENT AGREEMENT REV. 1X24/97 9667 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 on this 2nd day of January , ‘& 20Ql OWNER: CITY OF CARLSBAD D.R. HORTON SAN DIEGO HOLDING... _. COMPqNh lNC;a Ca,lyia ,C jg.-i.~:;*,;-:i ,& 1 ,,. -y- :_ ~L~“.:~’ ‘; ,i, $&<Qc;sl’;,; ,:,, __ 1.;. _^ ; ;‘)__ IfllB ,-@&g$~ :;g&;& : ;,_, By: (NOTARIAL ACKNOWLED@ NOTE THAT THE PRESI By: 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 REV. 12/24/97 9668 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On l-2-0 I before Me, Stacie Donahue, Notarv Public I personally appeared John D. Kerr, Jr., Vice President, DR Horton San Dieao Holdincr Comoanv, Inc. I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name(s) are/is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CT93-04 : RANCH0 CAR/W10 VILLAGE “L” PRO0423 \ I f N I-, r--h -_.. - -.__,__ r i i ,r-J I.-.,& i “I I i ? ! N. 1. S. EXHIBIT SHEET 1 OF 2 r A 9670 CT93-04 : RANCH0 CA/WILL0 VILLAGE I” PROO-123 / / -. .\ \ / \ \ \ 11 .\ I =\ r;=. =\_ I VT II /” ENHANCED PA VlNG PER LANDSCAPE PLANS GENERAL UT/L/ T EXHIBIT SHEET 2 OF 2 r A N. 1. S. 9671 CERTIFICATE OF ASSISTANT SECRETARY The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Assistant Secretary of D.R. Horton San Diego Holding Company, 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 October 16,200O (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 Vice President and Division President WHEREAS, effective May 27, 1999, John D. Kerr, Jr.,was elected to the office of Vice President of the Company and Division President (the “Division President”) of the Company’s San Diego Division (the ‘?)ivision”), 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; NOW, THEREFORE, BE IT RESOLVED, that the Division President is hereby authorized and empowered, in the name and on behalf of the Company in the Division, (i) subject to written corporate approval by any one of the following officers of the Company: a) Chairman of the Board, b) Vice Chairman, President and Chief Executive Officer, c) Executive Vice President, Treasurer and Chief Financial Officer, or (d) the Region President of the Division (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 afXixed 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, (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, owna leased or otherwise controlled by the Company, and (iii) to execute and deliver office and model home leases and such other agreements, instruments or documents as the Approving Officers shall direct; RESOLVED FURTHER, that in connection with the management of the Company’s business, the Division President is hereby authorized and empowered, in the name and on behalf of the Company in the Division, to execute and deliver (i) contr . a&. ameements and other documentsand ’ ‘on, development and/or improvement of real property, (ii) home sales contracts, sales -- I ’ . . 9672 person employment agreements and similar or equivalent agreements, documents or instruments and (iii) personal property leases for, among other things, office equipment and construction trailers; and RESOLVED FURTHER, that in connection with the management of the Company’s business in the Division, the Division President shall be authorized and empowered, in the name and on behalf of the Company in the Division,30 execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. IN WITNESS WHEREOF, the undersigned has signed on the 1 5th day of October, 2000. Paul W. Buchschacher, Assistant Secretary U:UKEstERUrin\soHldngUHKklldCOS.wpd