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Home My WebLink AboutPR 4.77; Centex Real Estate Corporation; 1996-0133730; Encroachment Agreement- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City Clerk ; City of Carlsbad 1 1200 Carlsbad Village Drive ) Carlsbad, CA 92008 1 ENCROACHMENT AGREEMENT FOR USE WITH STRUCTURES BUILT OVER PUBLIC EASEMENT This ENCROACHMENT AGREEMENT (@lAgreementlg) is entered into between the ,CITY OF CARLSBAD (I'City,l) and Centex Real Estate Corporation, a Nevada Corporation, (,,Ownerl,) , in accordance with Chapter 11.16 of the Carlsbad Municipal Code. 1. The Property. Owner is the owner of that certain real property located at Corte Verso, Lot 9 CT 90-04, within the City of Carlsbad, San Diego County, California, Assessor's Parcel Number 255-240-09, and more particularly described in Exhibit "All I attached hereto and incorporated herein by reference. 2. The Easement. City currently owns an existing easement over, under, and across Owner's property for drainage purposes which easement is described in Exhibit l,Brr attached hereto and incorporated by reference. 3. The Encroachment. City hereby covenants and agrees and grants its permission to Owner to install wood fence at southerly lot line, install four trees within six inches from wood fence, install cobbles and boulder within easement. A plat showing the location of the encroachment is attached as Exhibit llC,l 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, or expense arising out of (1) loss or damages to property and (2) injury to or death of persons. (Cl (D) 4. 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 property. 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. Entire Asreement. This Agreement constitutes the entire . agreement &tween 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. Fotices. 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 Centex Real Estate Corporation 2075 Las Palmas Drive 5962 La Place Court, Suite 250 Carlsbad, CA 92009-4859 Carlsbad, CA 92008 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 aonroval to any subseguent act by hL 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. AGREEMENTWAG-llB.FRII REV 6/4/91 e -. 319. 8. Canacitv. 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 12th day of MARCH , 19 96 . OWNER: Centex Real Estate Corporation, o Division ATTEST (print name and title) By: (print name and title) Mayor APPROVED AS TO FORM: - RONALD R. BALL City Attorney 3. 7*44, AGREEMENTWAG-1lB:FRN REV 6/4/91 , ’ CALIFORNIA ALLPURPOSE ACKNOWLEDGMENT No. 5907 (7 @=I- &T/~m &/euy pob,(lc NAYE, TITLE OF OFFICER - E.G., “JANE 60E, NOTARY P personally appeared ni\uc eb!ohr\lc\c I NAME(S) OF SIGNER(S) * ersonally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), 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. SHAWN M. PETERSON COMM. # 1037777 2 ~j.$n~j P&dic - CdifOmia ‘AN DIEGO COUW OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) 0 LIMITED - u GENERAL 0 ATTORNEY-IN-FACT q TRUSTEE(S) ; ;;W4;;lAN/CONSERVATOR NUMBER OF PAGES DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION l 8236 Remmet Ave., P.O. Box 7184 l Canoga Park, CA 91309-7184 ,- 311 EXHIBIT “A” LEGAL DESCRIPTION OF PROPERTY Lot 9 of Carlsbad Tract 90-4, in the City of Carlsbad, County of San Diego, State of California, according to Map therefof No. 13116, filed in the office of the County Recorder of San Diego County, June 28, 1994 as File No. 94-409165 of Official Records. 312 EXHIBIT “B” LEGAL DESCRIl?TION OF EASEMENT The most Southerly 15.00 feet of Lot 9 Map No. 13116, in the City of Carlsbad, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County, June 28, 1994 as File No. 94-409165 of Official Records. Containing 1,185 Square Feet, more or less. . *- c - .’ 2, . PLAT MAP - LOT CONC. DRIVEWA LOT 8 LEGEND EXISTING DRAINAGE EASEMENT PER MAP NO. 13116 REC. 6-28-l 994 F/P. 94-409165 -x-x - 42" HIGH WOOD FENCE ra COBBLES W/ REDWOOD HEADER Q BOULDERS @ TREES (24” BOX) DUDEKc I 605 Third Street CENlEX HOMES 5982 LA PUCE COURT,SlE. 250 CARLSBAD, CA 92008 (819) 431-1211 A.P.N. 255-240-09 SHEET 1 OF 1 1 PROJECT NAME: PROJECT EXHIBIT ABOVE GROUND ENCROACHMENT FOR NUMBER nCn POSITIVE OVERFLOW AT SONATA, LOT 9 PR 4.77