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Home My WebLink AboutCT 81-16; Daon Corporation; 85-149882; Easement Agreement. ‘.’ / d RECORDING REQUESTED BY AND WHEN RECORDED MAIL City Clerk City of Carlsbad 1200 Elhn AvenUe Carl&ad, CA 92008 ~+pi49882 , :. I --- ‘..* ” 1()6() - ’ ;.: --~ z.r; 4’ TO: i ~~~,;~;,y;l'~~. " ;'x ., 0r ;A", .l';x;;!]; /,:,;', ' _'* * f985 APR 39 p;: 2: [;3 'k/l' ?'#A, t, : L COUtiTY ;:‘l ..: i. .J 140 FEE Space Above This Line For Recorder's Use EASEMENT AGREEMENT (Portion of Stagecoach Park) 0 * 93 a This Easement Agreement (Portion of Stagecoach Park) (the "Agreement") is made in San Diego County, California on MarchZI, 1985, between DAON CORPORATION, a Delaware corporation ("Grantor") and THE CITY OF CARLSBAD, a municipal corporation of the State of California ("Grantee"). RECITALS -------- A. Grantor is the fee owner in the City of Carlsbad, San Diego County, particularly described on attached Exhibit attached Exhibit B (the "Easement Area"). of the real property California, more A and depicted on - B. At the time Grantor purchased the Exhibit A real property on March 10, 1981, Grantor assumed from La Costa Land Company certain agreements, including certain agreements concerning Park dedication entered into with the City of Carlsbad. The first such Park dedication agreement, entitled "1973 Parks Agreement" was entered into on October 15, 1973 and was subsequently modified. This 1973 Parks Agreement was later supplemented with the "1978 Parks Agreement" entered into on January 3, 1978. Subsequent to this, the 1978 Parks Agreement was then replaced by a "1982 Parks Agreement" entered into on April 8, 1982. The 1982 Parks Agreement is incorporated in this Agreement by this reference. Under the 1982 Parks Agreement, Grantor made the first of several Stagecoach Park dedications to . the City of Carlsbad on December 15, 1980, which dedication comprised 12.5 acres. The 1982 Parks Agreement has remained unchanged and has served as the basis for the additional dedication of 7.5 acres in Stagecoach Park by Grantor. C. Grantor, as a land owner, developer and corporate citizen in the City of Carlsbad, recognizes the need for, and supports the construction of, sufficient parks and other -l- 3 , ‘1 3 6-r - 1061 recreational areas for use by the citizens of Carlsbad. Grantor fully appreciates the importance of such parks for the continued good health and well being of the citizens of Carlsbad. As mentioned in Recital B above, Grantor, in its desire to cooperate with and assist the City in developing adequate public park facilities, has previously dedicated to the City approximately 20 acres of the 28 acre Stagecoach Park. D. Grantee now desires, and Grantor is willing to grant to Grantee, an easement in gross, over, under, in and across the balance of Stagecoach Park presently owned by Grantor (which area is referred to herein as the Easement Area) to permit _ Grantee to utilize the Easement Area to complete its development of Stagecoach Park before Grantor is actually required to dedi- cated part or all of the Easement Area to Grantee under the 1982 Parks Agreement. E. Accordingly, Grantor, without being required to do so, hereby wishes to grant an easement for the balance of Stagecoach Park to the City of Carlsbad under the following terms and conditions. TERMS AND CONDITIONS 1. Grant of Easement. For the consideration of One Dollar ($l.OO), the receipt of which is hereby acknowledged by Grantee, and subject to the terms and conditions of this Agreement, Grantor grants to Grantee an easement ("Easement") in gross, over, under, in and across the Easement Area, for the purpose of constructing, operating and maintaining a public park and for other incidental and ancillary recreational purposes associated therewith, until such time as Grantor dedicates all remaining portions of the Easement Area to Grantee as set forth in paragraph 2 herein. 2. Term of Easement. The parties hereto acknowledge that Grantor, pursuant to the 1982 Parks Agreement, may in the future be required to dedicate all or a part of the Easement Area to Grantee to complete the Stagecoach Park dedication requirements as a result of conditions of approval on various La Costa Final Subdivision Maps. As such, upon Grantee's acceptance of the dedication of all or any part of the Easement Area by Grantor under the 1982 Parks Agreement, this Agreement shall automati- cally terminate as to only that part of the Easement Area dedicated and this Agreement shall remain in full force and effect only as to that part of the Easement Area not yet dedicated. This periodic partial reduction of the Easement Area through dedication of park land in compliance with the 1982 Parks Agreement and, accordingly, the termination of the Agreement for -2- 4 this dedicated land shall continue until all of the Easement Area has been dedicated, at which time this Agreement shall finally and automatically terminate. 3. Maintenance. Grantee shall maintain, at Grantee's sole expense, the Easement Area, and all facilities and other improve- ments made or installed by Grantee within the Easement Area, in a sanitary and safe condition, in good repair and in accordance with all applicable laws and regulations. Grantee shall further not permit, commit nor suffer waste upon the Easement Area. 4. Indemnification. * Grantee shall and does indemnify and hold Grantor harmless against and from liabilities and claims of any kind for loss or damage to property of Grantee or any other person, or for any injury to or death of any person, arising out of: (1) Grantee's use and occupancy of the Easement Area, or any work, recreation, activity or other things allowed or suffered by Grantee to be done in, on or about the Easement Area: (2) any breach or default by Grantee of any of Grantee's obligations under this Agreement; or (3) any negligent or otherwise tortious act or omission of Grantee, its agents, employees, invitees or contractors. Grantee shall fully defend Grantor in any and all actions or proceedings arising from any such claim and shall indemnify Grantor against all costs, attorneys' fees, expert witness fees and any other expenses incurred in such action or proceeding. 5. Insurance. Grantee shall, at all times during the term of this Agreement, maintain in full force and effect and at Grantee's sole expense, a policy or policies of casualty insurance and comprehensive public liability and property damage insurance in accordance with prudent business practices to provide reasonable and adequate coverage for casualty claims and liabilities, property damage or personal injury (including death) occurring on, in or about the Easement Area. Nothing contained in this paragraph shall prevent Grantee from providing self- insurance to comply with the provisions of this paragraph.so long ' as reasonable levels of reserves consistent with prudent business practices are maintained and reasonable and adequate excess coverage in accordance with prudent business practices is provided through a policy or policies of insurance. 6. Liens On The Easement Area. Grantee shall pay when due all obligations incurred by or for Grantee relating to work on, or use of, the -3- Easement Area. Grantee shall not cause, suffer or permit any liens relating to mechanics or others to attach to or be recorded against, the Easement Area, and shall indemnify, defend and hold Grantor and the Easement Area harmless from any and all liens, claims and all expenses (including, without limitation, any attorneys' fees) related to, or arising out of, mechanics or others employed or contracted by Grantee for work on, or use of, the Easement Area. 7. Covenants Runninq With The Easement Area. The Easement, and the terms and conditions con- _ tained in this Agreement, shall run with the Easement Area and shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and assigns. 8. Assignment. This Agreement shall not, nor shall any interest therein or thereunder, be assigned, mortgaged, hypothe- cated or transferred by Grantee without first obtaining the written consent of Grantor which consent shall be within the sole and absolute discretion of Grantor. 9. Easement Subject to Certain Matters. The Easement is subject to all valid and existing contracts, leases, licenses, encumbrances and claims of title which are of record and affect the Easement Area. The use of the word "grant" in this Agreement shall not be construed as a covenant against the existence of any such matters of record. 10. Entire Aqreement; Modification. This Agreement contains the entire Agreement between the parties relating to the Easement. This Agreement may be modified only by a written and recorded agreement, signed by both parties or their respective heirs, successors or assigns. 11. Attorneys' Fees. In the event of any litigation between the par- ties to interpret or enforce any of the provisions of this Agreement, the prevailing party in the action shall be entitled to recover from the losing party reasonable attorneys' fees and costs. 12. Notices. All notices to be given under this Agreement shall be in writing, delivered in person or by registered or certified mail, postage prepaid and return receipt requested at -4- I :. - . . the addresses provided below, or such other addresses as either party may designate, from time to time, by proper notice under this paragraph. Any notice shall be deemed given only when actually received by the intended party, whether personally served or sent by registered or certified mail. Grantor: Daon Corporation 5150 Avenida Encinas Carlsbad, California 92008 Attn: Mr. Michael K. Ryan Grantee: City of Carlsbad Land Use Planning Department 1200 Elm Avenue Carlsbad, California 92008 Attn: Frank Aleshire, City Manager 13. Exhibits. All Exhibits to this Agreement are incorporated in and made a party of this Agreement by reference. 14. Severability. If any part of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected and each term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law. "GRANTOR" "GRANTEE" DAON CORPORATION, a Delaware corporation CITY OF CARLSBAD, a municipal corporation of the State of California San Diego Coun By: . Joseph L. Perring General Manager, Land -5- 7 .I ‘I . ‘. , . STATE OF CALIFORNIA ) *I ) ss. COUNTY OF Public in and for said State and Warren A. Colton, II me on the basis of satis executed the within ins County and Vice Pr Land, on behalf of D the corporation th corporation execu or a resolution STATE OF CALIFORNIA ) j SS. COUNTY OF sAN D- ) On April 23, 1985 , before me, the undersigned, a Notary Public in and for said State, Mary H. Casler, Mayor personal1 and Aktha L. &U & appeared IlklXIlz , City Clerjc personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Mayor and City Clerk , of the City of Carlsbad, and acknowledged to me that the City of Carlsbad executed the within instrument. WITNESS my hand and official seal. Signature [SEAL] KAREN R. STEVENS 24-(3-307)032085 -6- STATE OF CALIFORNIA ORANGE 1065 COUNTY OF u M i= On March 21, 1985 before me, the undersigned, a Notary Public in and for c 8 said State, personally appeared Michael K'. Ryan and .- F5 Joseph L. Perring , personally known to me (or proved to me on the E”, basis of satisfactory evidence) to be the persons who executed the within instrument as iiE Vice President and Gene Manager ~- -0 S+#+r#, on behaif of sv .- a, Daon Corporation 20 82 the corporation therein named, and acknowledged to me that P; 52 such corporation executed the within instrument pursuant to its I by-laws or a resolution of its board of directors. i3 e WITQESS my hand and official seal. ‘D sl $4 Signature (This area for official notarial seal) FORM 468 DAWCO PRESS , ,I . : ..y. _. , : RICK ENGINEERING COMPANY I t - E:“c’Ic$“~ . I m 1 o6 6 3088 PI0 PICO DR. l SUITE 202 l CARLSBAD, CA 92068 - - . TELEPHONE l AREA CODE 714 l 729-4987 IOB NO. LEGAL DCSCRIPTIDN FOR: BY DATE R.T. SHEET 7914-D Parcel B - Proposed Park Site CHK’D. J.C. 3/11,185 1 OF 1 J TITLC CD. REFERENCE COiiPANY ORDER ND. DATE DESCRIPTION REVISIONS BY OATE A parcel of land being. a portion of Lot 4 and Lot 9 of Ranch0 Las Encinitas Map No. 848 on file in the Office of the County Record- er of San Diego County, State of California, in the City of Carlsbad, said County, said State, described as follows: COMMENCING at the Southeast corner of Map No. 8059 on file in the Office of said County Recorde ; thence South 64"10'39" East 704.52 feet; thence South 67°30'OO" East 703.33 feet to the begin- ning of a tangent 958.00 foot radius curve concave Northerly; thence, Easterly along the arc of said curve through a central angle of 48"08'28" a distance of 804.93,feet to the TRUE POINT OF BEGINNING; thence leaving said arc North 2°OO'OO" West 592.34 feet, thence South 70'52'04" West 281.30 feet; thence North 3O12'29" East 191.12 feet; thence, North 87'31'00" East 83.90 feet; thence North 66'42'00" East 316.16 feet; thence North 50°12'OO" East 62.00 feet; thence, North 24°27'OO" East 97.55 feet: thence South 42°23'OO" East 583.87 feet; to a point on the arc of a 958.00 foot radius curve concave Northwesterly, to which a radial line bears South 60'10'49" East; thence Southeasterly along the arc of said curve through a central angle of 21'50'49" a distance of 365.29 feet; thence, South 51°40'OO" West 208.38 feet to the beginning of a tangent 958.00 foot radius curve concave Northerly: thence, Westerly along the arc of said curve through a central angle of 12O41'31" a distance of 212.21 feet to the TRUE POINT OF BEGINNING. EXHIBIT A TO EASEMENT AGREEMENT . h,.. *L .* ““C I 3 .’ , ’ Pd8CEf s PROPOSED PARK SITE 0.5&z AG. V~~N~~ MRP All 8cM PARK SK’E DEMCATlON mR UNKS 4,5ANO6 OF- CT a-16 2.484 AL T.F?O PARt L?* . OI \’ &I b, i .e. I i i zi 7 ;EL & - .h :. $zg/ 3: I -);: MA? NO. 8059 T\:\: tYh%?iT Y’ \ 4 Put-r To ILWSRAE RICK ENGINEERING COMPANY PLANNERS-CIVIL ENOINEERS-LAND SURYCYORS W3AL ~KU’lOF\I OF 1020 FRIARS ROIO SAN OIEOO, CA. 92110 SAN OEOO-(714) 291-0707 PARK Srt-E wED\cATt~ FM 0til-B 4.5+ 6 OF CT. Bt-16 3088 PI0 PICO DRlVL.SUlfE 20Z,CARL1OAD, CA.02008 CAALSSAO-(714) 729-4981 36s SO. RANCH0 SANTA FE ROAD.SAN MARCO1 CA.02010 SCALE:/“‘fl hf 1 0 jD~rE:8* F’ROJ NOW ue+=J=35s5 EXHIBIT B Td :ASEMENT AGREEMENT