The URL can be used to link to this page

Home My WebLink About; CALIFORNIA, STATE OF; 1993-0416832; Easementr0 ** PP 0 ai'ip. ?& fP'-:32= %$& a 5 .. # LTj$ ~rJ"Uf+- 1953% ' 09 E 4-8 GB 1 g Recording Requested By: 2 City Clerk p.k' '7 r --f 's"f qcffipPirr~?P qfryrr >A!.. I&li LUd3f 1 L;lJi?L;.ieti 3 c 5 I-L 3 1200 Carlsbad Village Drive 4 5 6 Ci ty of Carl sbad 7 Carlsbad, CA 92008 gFF;CTAL F:EC&jji; Ci ty of Carl sbad Carl sbad , CA 92008 When Recorded Mail To: / .% City Clerk 1200 Carlsbad Village Drive $#.{ETTE EIjAHS I C'JdHFf RE[&'DER ,I 036 :its: ? "L. 0,Orj .'/ .-.. I ." I TI I. I .._ j .. > T' ., ,I_ , . .I ., ., n ", ~ ., . 8 _____ "._ Space above for Recorder's Use. _._. 9 TR 90 171-E 10 CARLSBAD STATE BEACH 11 AGREEMENT AND GRANT OF EASEMENT 12 13 14 THIS AGREEMENT made and entered into this 8th "" day 0.F 15 __._____ APRIL -7 1933, by and between the STATE OF CALIFORNIA, acting 16 by and through the Director of General Services, hereinafter called "STATE", 17 18 19 20 21 22 23 24 25 26 27 and City of Carl sbad, hereinafter cal led "GRANTEE"; - WYJl4ESSEl-H: That STATE, pursuant to the provisions of Section 14666 of the Government Code of the State of California, does hereby grant unto GRANTEE an easement for the construction and maintenance of an approximately 2,600-foot-long seawall, together with sidewalks, stairways, ramps, benches, waste receptacles, and appurtenant facilities on that certain real property adjacent to Carlsbad Boulevard in the City of Carlsbad within Carlsbad State Beach as described on Exhibit A attached hereto and made a part hereof. 2r PAPER ~-"" :OF CALIFORNIA 113 (REV. 8-72) 169 GVT7-J Y _I* ., .i . ~L * ./ % ' ,. 0 0 so37 ., 1 This grant is made and accepted upon the following terms and Z2 conditions: 3 4 1. This grant is subject to all valid and existing contracts, leases, 5 licenses, encumbrances, and claims of title which may affect said property and ' f3 the use of the word "grant" herein shall not be construed as a covenant 7' against the existence of any thereof. 8; ! 9 '. 2. GRANTEE waives all claims against State, its officers, agents, and lo .: employees, for loss or damage caused by, arising out of, or in any way hl connected with the exercise of this Easement, and Grantee agrees to save 12 harmless, indemnify, and defend State, its officers, agents, and employees, I.3 from any and a1 1 loss, damage, or 1 iabi 1 i ty which may be suffered or incurred l4 by State, its officers , agents, and employees caused by, arising out of , or in ! IS any way connected with exercise by Grantee of the rights hereby granted, l6 except those arising out of the sole negl igence of State. 17 18 3. STATE expressly reserves the right to the use of said property in l3 any manner , provided such use does not unreasonably interfere with the use of j 2o the easement herein granted. 21 22 4. STATE expressly reserves the right to require GRANTEE, at the 23 expense of STATE to remove and relocate all improvements placed by GRANTEE 24 within the easement upon determination by STATE that said improvements 25 interfere with the future development of STATE'S property. GRANTEE agrees 26 that within one hundred eighty (180) days after written notice from STATE of 27' such determination by STATE and demand for removal and relocation of said iT PAPER : OF CALIFORNIA 113 (REV. 8-72] 769 2 . .I I ~- .I .I e e SO38 I .. 1 improvements, GRANTEE shall remove and relocate said improvements to a 2 ' feasible location on the property of the STATE, and STATE shall furnish 3 GRANTEE with a good and sufficient similar easement for said improvements in 1 4 such new location, and GRANTEE thereupon shall reconvey to STATE the easement 5 herein granted. 6 7 5. This agreement and the rights and privileges herein given GRANTEE 8 shall terminate in the event that GRANTEE shall fai 1 for a continuous period : 9 ' of eighteen (18) months to utilize the rights and privileges herein granted. PO PP 6. In the event of the termination of this agreement GRANTEE shall, at 12 GRANTEE'S own expense , when requested in writing to do so by STATE, remove a1 1 '13 property and equipment placed by or for GRANTEE upon the said premi ses, and 14 restore said premises as nearly as possible to the same state and condition KI they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE ~ 88 shall fail so to do within sixty (60) days after the aforesaid request is 15' given , STATE may do so, a1 1 at the cost and expense of GRANTEE to be paid by 18 GRANTEE on demand. 19 20 Upon termination of the rights herein granted, GRANTEE shall execute 21 and deliver to STATE within thirty (30) days, a good and sufficient quitclaim 22 deed to the rights arising hereunder. 23 24 7. This agreement shall not, nor shall any interest therein or 25 thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANTEE 26 whether voluntarily or involuntarily or by operation of law, nor shall GRANTEE 27 let or sublet, or grant any licenses or permits with respect to the use and i iT PAPER : OF CALIFORNIA 113 (REV. 8.721 769 3 .. ..\ #. < .. . +* 'I 0 e so39 .. ' p occupancy of the said premises or any portion thereof , without the written 2 consent of STATE being first had and obtained. 3 4 8. No less than 60 calendar days prior to the commencement of any f5 construction, excepting emergency repairs , pursuant to this easement , GRANTEE t3 shall submit to STATE the working drawings of the proposed improvements and '7 shall in hand have the written approval from STATE for said drawings. 8 9 9. GRANTEE, in the exercise of the rights herein granted, shall at all BO times comply with all applicable laws and lawful regulations, including such %I rules and regulations for the State Park System now in effect or hereafter 12 adopted . 13 14 10. GRANTEE shall assume full and complete responsibility for any and IS a1 1 repair and maintenance, including graffiti removal , to be performed or lg needing to be performed and shall pay for a1 1 costs involving both labor and I.7 materials incurred whi le performing either repair and/or maintenance on the la seawall , sidewalks , stairways, ramps , benches , waste receptacles, and X' appurtenant facilities. If GRANTEE fails to do so, STATE may, upon giving 2* GRANTEE thirty (30) days' written notice of its intent to do so, cause said 'I repairs and/or maintenance to be done and bi 11 GRANTEE for the incurred 22 costs. GRANTEE agrees to promptly reimburse STATE for such costs. 23 "" 24 _" 25 "_ 26 "- 29 "- T PATE!? 13 (REV. e.72) OF CALLFORNIA i9 4 .I , *.' % I *. .. .. , .' -0 0 1040 5. . 1' IN WITNESS WHEREOF, the parties have executed this instrument crpon 2 the date first hereinabove appearing. 3 4 GRANTEE CITY OF CARLSBAD 5 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES BY "I "~///Lkbj fa ,. _, , d-4 d kLF /&% ;/, J 8 S;g=$$ fl-$y& Aletha Rautenkranz, City Clerk \ 9 10 APPROVED 11 Department of Parks and Recreation 12 13 14 BY 15 16 17 18 19 20 21 22 23 24 25 26 27 G-17074 r PAPER 3F CALIFORNIA 13 (REV. 8-721 i9 5 e 0 LLlFORNlA ALL-PURPOSE ACKNOWLEDGMENT NO State of- - OPTIONAL SECTION - County of Sacramento On May 26, 19913 before me, Darlene J. Leonhardt. Notary Fublic fill in the data below, doing so may prove Though statute does not require the Notary to invaluable to persons relying on the document. California 1 IO41 CAPACITY CLAIMED BY SIGNER DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" ' 0 INDIVIDUAL 0 CORPORATE OFFICER(S) personally appeared Donald W. Murphy NAME(S) OF SIGNER(S) TITLE(S) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their ,. .. -?. I ,-. ,- . <: ,/ , . -, . , . "&.4.-%<\.&-<, , :. ,.. .- ~ . ,. . - ..,. signature(s) on the instrument the person@), '< , . ; , '.< .- ,_ .. .. . ) I ..". i ~ , .,.- ..; , .x_ S' . . , : .. i I.... - .,., ~.,; 2 ?i i: , , .. ,. . . , 1 j i '< - I-.- ~. . i",.. . .. , .. ,. .. ;; . ( .:!,:: : ,.., ~ i ~ .', , -, -d ;., "; . . . Ir ) or the entity upon behalf of which the ,. ,... .. " :i ;;::.::: .. .,' - 1 i: - cd .!_, ?,,,?,,,?I :! person(s) acted, executed the instrument. i ..-,;-y/ ti ,I !..' &. ..,',,','; .. <,;;-.,;. , . ,,. . j b;>.,$z,q.; 1.") c:.-,".. ., ,. ..,. - .. I ., '. :. . . ,. ,-. . I, , w;;: s..,2-,<;:,~" . . . . .,' . ___ .. ".-..:#. ., : .. . . , ... .., -..< PARTNER(S) 0 LIMITED 0 ATTORNEY-IN-FACT a TRUSTEE(S) a GUARDIAN/CONSERVATOR c] OTHER: GENERAL SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) il SIGNATURE OF NOTARY I OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT Carlsbad Agreement and Grant Of Easement THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required . .. . by iaw, C,r_h,=:D,C, nTUFR TUAN NAMFNBOVE I NUMBER OF PAGES 7 DATE OF DOCUMENT April 8 9 1993 < STATE OF CALIFORNIA COUNTY OF s"@XlU I =. On , 19 __ , before me, 0-B. Ray 111, a Notary Public personally appeared F- Warren Caldwell , seplicrr Real %ht~ opficer. Office of Real Estate and lksign SI Juane 15 93 & personally known to me (or 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 acknowledged 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($, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. PIOTAW WBUC - CNIFCRNR SACRAMENSO COLINTY /d 2-e$s NOTARY PUBLIC IN AND FOR THE~TATE OF CALIFORNIA I*. .I . ' .v * * .I *. ' 1' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 T PAPER OF CALIFORNIA 13 (REV. 8-72) 59 0 0 ,1042 EXHIBIT "A" That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carl sbad, County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, November 16, 1896, described as follows: Commencing at Corner No. 1 of said Rancho Agua Hedionda, as shown on record of Survey Map No. 1806, filed April 30, 1948 in the Office of said County Recorder ; Thence along the Northerly 1 ine of said Lot 'IH", South 78000' 15" East, 92.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in width (formerly U.S. Highway 101); Thence along said centerline as shown on said record of Survey Map No. 1806, South 36050'05" East, 285.30 feet; Thence leaving said centerline South 53O09'55" West, 50.00 feet to the Southwesterly line of said Carlsbad Boulevard and the True Point of Beginning, said Point of Beginning being the most Northerly corner of Parcel 1 of the lands granted to the State of California per Deed No. 90-009473; Thence along the Northwesterly line of said Parcel 1, South 53009'55" West, 57.00 feet; Thence South 36050'05" East, 391.75 feet; Thence North 53009'55" East, 40.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 53009'55" West; Thence Southerly along the arc of said curve through a central angle of 04025'33", a distance of 381.05 feet; Thence South 57035'28" West, 18.00 feet to the beginning of a nontangent 4,915.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 57035'28" West; Thence Southerly along the arc of said curve through a central angle of 01053'27", a distance of 162.20 feet; Thence North 59028'55" East, 18.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 59028'55" West; Thence Southerly along the arc of said curve through a central angle of 02°07'12'1, a distance of 182.53 feet; Thence South 61036'07" West, 8.00 feet to the beginning of a nontangent 4,925.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 61O36'07" West; 6 0 0 ...I." .F . . .I.._""./ _" .. ...I "",.-.- d".""._. . . . " -. - tate of: Caliiornia junty of-San DiePo ,1043 1 CAPACITY CLAIMED BY SIGNER (7 INDIVIDUAL(S) 0 CORPORATE I April 13, 1993 before me, Karen R. Kundtz, Notary.Public , (7 ATTORNEY-IN-FACT rsonally appeared Margaret Stanton & Aletha L. Rautenkranz OFFICER(S) SUBSCR,BING WlTNESS personally known to me - OR - 0 proved to me on the basis of satisfactory evidence DATE NAME, TITLE OF OFFICER - E.G.. 'JANE DOE, NOTARY PUBLIC" TITLE(S) PARTNER(S) NAME(S) OF SIGNER(S) 0 TRUSTEE(S) to be the person(s) whose name(s) Mare subscribed to the within instrument and ac- GUARD,AN,CONSERVATOR EloTHER: MaYor Pro Te* knowledged to me thatkekhelthey executed the sake in "twltheir authorized capacity(ies), and that by Mhe/their and City Clerk signature(s) on the instrument the person(s), acted, executed the instrument. SIGNER IS REPRESENTING: orthe entity upon behalf of which theperson(s) Witness my hand and official seal. NAME OF PERSON(S) OR ENTITY(1ES) City of Carlsbad " ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could preventxdulent attachment of this certificate to unauthorized document. I THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document Carlsbad State Beach Apreement & Grant of Easem Number of Pages 7 Date of Document April 8, 1993 2 Signer(s) Other Than Named Above .............................. . ..... 1. -. .. a ... 9- .. , e 0 .I 0 4 4 #+ . ,1' Thence Southerly along the arc of said curve through a central angle of 00055100'', a distance of 78.79 feet; Thence North 62031'07" East, 8.00 feet to the beginning of a nontangent of said curve bears South 62031'07" West; Thence Southerly along the arc of said curve through a central angle of 2 3 4,933.00 foot radius curve concave Southwesterly, a radial line to the center 4 5 02024'31", a distance of 207.37 feet; 6 Thence South 64055'38'' West, 18.00 feet to the beginning of a nontangent 7 of said curve bears South 64055'38'' West; 4,915.00 foot radius curve concave Southwesterly, a radial line to the center 8 9 10 11 12 13 14 15 16 17 18 19 20 Thence Southerly along the arc of said curve through a central angle of 0002414711, a distance of 35.43 feet; Thence tangent to said curve South 24039'35" East, 133.76 feet; Thence North 65020'25" East, 18.00 feet; Thence South 24039'35" East, 215.00 feet; Thence South 65020'25" West, 8.00 feet; Thence South 24039'35" East, 80.00 feet; Thence North 65020'25" East, 8.00 feet; Thence South 24039'35" East, 220.00 feet; Thence South 65020'25" West, 18.00 feet; Thence South 24039'35" East, 170.00 feet; Thence North 65020'25'' East, 18.00 feet; Thence South 24039'35'' East, 340.24 feet, to the Southerly 1 ine of Parcel 2 as described in said Deed No. 90-009473; 21 Thence along said Southerly line, North 65020'25" East, 17.00 feet to a point lying on the Southwesterly line of Carlsbad Boulevard; 22 Thence along said Southwesterly line North 24039'35" West, 1,159.00 feet to 23 the beginning of a tangent 4,950.00 foot radius curve concave Southwesterly; 24 Thence Northerly along the arc of said curve through a central angle of 25 26 Point of Beginning. 27 12°10'30", a distance of 1,051.85 feet; Thence tangent to said curve North 36050'05" West, 391.35 feet to the True G-l707Q :T PAPER OF CALIFORNIA 13 (REV. 8.72) 69 7 ,.. , I. I, \* : 6 \ e IO45 CERTIFICATJON FOR ACCEPTANCE OF EASELIEFIT This is to certify that the interest in real property . conveyed by. the e as erne n t dated April 8, 1993 from The State of California, Department of General Services .to the Ciky o€ Carlsbad, California, a municipal corporabion, is hereby accepted by the City Council of the City of Cnr.lsfjc?d, California pursuant to resolution No. 93-73 .I adopted on - April 6, 1993 , and the grantee consents to tllc recordation thereof by its duly authorized officer. DATED: June 28, 1.993 By : ALETI-IA L-. IiA 0 G=?Y * ... r ... ' *r ; /' 1.q P:'