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Home My WebLink AboutPR 4.54; Fieldstone/La Costa Associates; 1992-0370336; Encroachment Agreement. c , . - RECORDING REQUESTED BY AND WHEN RECORDED MAIL 'CITY CLERK City of Carlsbad 1200 Carlsbad Village ,Carlsbad, CA 920-08 3oc # 1992~0370336 15JUW1992 II=42 A!7 m4 1 OFFICIAL RECORDS TO: 1 SRN DIEGD CDliNTY RECDRDER’S DFFICE ; ANNETTE EVANS! CWNTY RECORDER - RF: 8.00 FEES: 20.00 Dr . i ! ;:i . % t$;, ,T-.. I ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT This ENCROACHMENT AGREEMENT (mAgreement") is entered into between the CITY OF CARLSBAD ("CityI') and Fieldstone/La Costa Associated Limited Partnership, A California Limited Partnership, (I'Ownerl') , in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Pronertv. Owner is the owner of that certain real property located at the Fairways Subdivision, CT 90-23, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 216-130-61, and more particularly described in Exhibit r8A11, attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for storm drainage which easement is described in Exhibit IIBII attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to construct operate and maintain a gated entry with structure. 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) (B) (Cl 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. 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 (i0) days or such AGRECMEYTS/AG-llB.FRM 1 REV 6/k/91 . . . . 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 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 of Carlsbad The Fieldstone Co. 2075 Las Palmas Drive 5465 Morehouse Dr., Ste 250 Carlsbad, CA 92009-4859 San Diego,'CA 92121 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 Assisns. 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. AGREEMENTS/AC-llB.FRH 2 REV 6/4/91 . . . . 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 WI-IEREOF this parties hereto have executed this Agreement on this 2& day of Jcv)uaru 0' I 1992 . ATTEST BY: The Fieldstone Company A~THA L. 6‘. RP;uTENEBANz City Clerk I "OWNER" MICJIAEL, D. STEWART ASSISTAEY SECRETBY TpXlGC?BH'Gx~X k-8 RONALD R. BALL, Acting City Attorney 6 3* 9r* Mayor , . : AGREEMENTS/AG-llB.FRH REV 6/4/91 P STATA~ALlFORNlA-& s) d Y E &.A z&I~- On . before me, G& 16. be=6 s , ?i personally appeared m-hacl -a. sJL.--t I- 5 .I? personally known to me (or proved g to me on the basis of satisfactory evidence) to be the personti whose name(n is/-subscribed to the within E ii instrument and acknowledged to me that he/s&#bq executed the same in his/her/their authorized capacity@@, s- t c and that by his/W signature@) on the instrument the person(n or the entity upon behalf of which the person& acted, executed the instrument. rhis area for dficiai notarial seal) . . . . C 87-2006 3-12-92 EXHIBIT "A" LEGAL DESCRIPTION PRIVATE STREET LOT 148 (AVENIDA VALERA) OF CARLSBAD TRACT 90-23, FAIRWAYS, ACCORDING TO MAP NO. 12906, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ON FILE IN THE OFFICE OF THE COUNTY RECORDER AS FILE NUMBER 91-662811. * , , . . EXHIBIT "B" LEGAL DESCRIPTION - 1108 87-2006 3-12-92 A PORTION OF THE 15-FOOT WIDE DRAINAGE EASEMENT DEDICATED TO THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT ON CARLSBAD TRACT NO. 72- 25, MAP NO. 7784, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA; SAID DRAINAGE EASEMENT ALSO LYING WITHIN A PORTION OF PRIVATE STREET LOT 148 (AVENIDA VALERA) OF CARLSBAD TRACT 90-23, FAIRWAYS, ACCORDING TO MAP NO. 12906 ON FILE IN THE OFFICE OF THE COUNTY RECORDER AS FILE NUMBER 91-662811. 1 _A PLAT MAP 1109 LEGEND’ EK/sT /5’DA%/A!AGf E.W’~ m P&R MAP 7784, R&C’D /U-3/- 73, FxENd. 73 -3f75536 NO. SHI: /OF/ PROJECT NAME: PROJECT EXHIBIT ABOVEGROUNDENCROACHMENTFOR NUMBER 11 11 GATE0 -ENTRY AT FAIRWAYS PR4.54 - C