HomeMy WebLinkAbout; City of Carlsbad Parking Authority; 78-346417; Easement1825
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Plaza Camino Real
c/o The May Stores Shopping Centers, Inc
10738 West Pico Boulevard, Suite 1
Los Angeles, California 90064
Attention: Herbert L. Roth
RECORDED REQUEST OF
JITLE INSURANCE AND TRUST
f..jGl5 1225Fri3
RECORDER $J0.00
TRANSFER TAX
UARLEY F. BLOOM, RECORDER
JUMENTARY TRANSFER TAX $. ^ GRANT DEED
(Exchange Parcel A)
The undersigned, the PARKING AUTHORITY OF THE CITY OF CARLSBAD,
a public body corporate and politic, organized and existing under the
laws of the State of California ("Grantor"), hereby grants to PLAZA
CAMINO REAL, a limited partnership, organized and existing under the
laws of the State of California, the general partner of which is The
May Stores Shopping Centers, Inc. ("Grantee") the following described
real property in the State of California, County of San Diego, City
of Carlsbad, more particularly described as follows:
Lot 14 o_f Carlsbad Tract 76-18 according to Map
No. C filed in the Offi^is of the County
Recorder of said County on HOQ,V:^7'/A 1978.
A. The conveyance hereby made is subject to the easements,
rights-of-way, conditions, covenants, restrictions, reservations
and similar matters of record on the date of delivery of this Grant
Deed to Grantee.
B. The conveyance hereby made is also subject to the following
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Grantor has granted the real property conveyed hereby to
Grantee with the understanding that Grantee will convey said real
property to Federated Department Stores, Inc. ("Federated") and
that Federated will commence construction of a department store
building thereon by July 1, 1981. If Federated has not commenced
construction of a department store building thereon pursuant to a
building permit issued by the City of Carlsbad on or before July 1,
1981, Grantor or its successors or assigns may give written notice
of such fact to Federated or its successors or assigns, and if such
construction is not so commenced within sixty (60) days after the
giving of such written notice, Grantor shall have the right iram.edi-
ately to terminate the estate herein granted for condition broken by
reentering the land conveyed hereby pursuant to California Civil
Code Section 1109 or any successor statute; provided, however,
said reentry shall not occur unless said notice is given not later
than July 1, 1982. In such event, automatically and simultaneously
with the occurrence of the reentry, without it being necessary for
Grantor or its successors or assigns to take any affirmative action
to effect such result, the real property conveyed hereby shall
become subject to all of the covenants, conditions, restrictions,
and other provisions of that certain grant deed, dated October 21,
1969, from Grantee to Grantor, recorded on said date in the Official
Records of the San Diego County Recorder as Document No. 193480, as
amended by an instrument recorded concurrently herewith entitled
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' 1927
"Amendment of Deed Covenants, Conditions, Restrictions and Reserva-
tions; Subordination Agreement and Parking Easements" executed by
Grantor, Grantee and others (said deed, as amended, being herein-
after referred to as the "Original Grant Deed"). Such reentry shall
be the sole remedy of Grantor and its successors and assigns if such
construction is not so commenced.
For the purposes of this deed, commencement of construction
shall be deemed to have occurred upon the commencement of.pouring
concrete footings for said department store building.
In the event such construction shall have so commenced on or
before July 1, 1981, or on or before the expiration of the aforemen-
tioned sixty (60) day period, or in the event the aforementioned
notice is not given on or before July 1, 1982, then for the purpose
of corroborating that the real property conveyed hereby has been
released from the right of reentry contained in this deed. Grantor,
or its successors or assigns, shall execute and deliver in record-
able form to Federated, or its successors or assigns, an instrument
in- form satisfactory to Federated, or its successors or assigns,
confirming such release. In the event the reentry shall have
occurred, then Federated or its successors or assigns shall execute
and deliver in recordable form to Grantor or its successors or
assigns a grant deed covering the real property conveyed hereby
containing all of the covenants, conditions, restrictions and .other
provisions of the Original Grant Deed, and Grantor, or its successors
7/24/78 -3-
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or assigns shall accept such grant deed and cause it to be recorded
in the Official Records of the San Diego County Recorder. Further,
in the event the reentry shall have occurred. Grantor or its successors
or assigns shall cause that Lease Agreement, dated August 21, 1969,
between Grantor and the City of Carlsbad, California to be amended
to provide for the inclusion of the real property conveyed hereby in
the Site covered by said Lease Agreement.
The addresses of Grantor and its successors and assigns and
Federated and its successors and assigns for all purposes hereunder
are as follows, provided that Grantor or its successors or assigns
and Federated or its successors or assigns may each change its address '
for such purposes by written notice to the other:.
Grantor: Parking Authority of the City of Carlsbad
Carlsbad, California .T
Attention:
Federated: Federated Department Stores, Inc.
222 West 7th Street
Cincinnati, Ohio 45202
Attention: Senior Vice President
Real Estate
With a copy to:
Federated Department Stores, Inc.
15760 Ventura Boulevard
Encino, California 91316
Attention: Operating Vice President
Notices shall be deemed given upon personal delivery to an officer
of Grantor or its successors or assigns, or Federated or its successors
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or assigns, as the case, may be, or upon a date the same is delivered
or delivery was attempted by registered or certified United States
mail properly addressed as aforesaid, postage prepaid, as shown on the
return receipt.
The provisions of this deed shall be binding upon and inure
to the benefit of the respective successors and assigns of Grantor
'and Grantee, including, but not limited to, Federated.
Dated : August 4, 1978
PARKING AUTHORITY OF THE CITY OF CARLSBAD
STATE OF CALIFORNIA)
) S S •
COUNTY OF SAN DIEGO)
Vice-Chairman
By '-ifl^^jj.
Cler
AT) : O
On August 4
signed, a Notary Public,
David M. Dunne
1978, before me, the under-
Margaret E. Adams, known
the Parking Authority of
that executed the within
persons who executed the
corporation therein named
corporation executed the
tion of said Authority.
in and for said State, personally appeared
, known to me to be the'Chairman and
to me to be the Clerk, respectively, of
the City of Carlsbad, a public corporation
instrument, and known to me to be the
within instrument on behalf of said public
, and acknowledged to me that such public
within instrument pursuant to a resolu-
WITNESS my hand and officia seal.
OFFICIAL PFM. 1
iiOTA';..' i>u;;!.!C • CAUf J
PRir;C.lfAI. OfiiCE IM K
SAN DIEC.O COUNTY ^
My Commission Expires June 22, 1982 ^
Notary Rtrtriic
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RESOLUTION NO. 14
A RESOLUTION OF THE PARKING AUTHORITY OF
THE CITY OF CARLSBAD, CALIFORNIA, APPROV-
ING AND AUTHORIZING THE EXECUTION OF AN
EXCHANGE AGREEMENT AND ESCROW INSTRUCTIONS
AND ALL RELATED DOCUMENTS MADE EXHIBITS
THERETO WITH THE CITY OF CARLSBAD AND
PLAZA CAMINO REAL TO EFFECT THE BULLOCK'S
LAND EXCHANGE.
VJHEREAS, the Agreement, dated 5 November 1975, as amended,
by and between the City of Carlsbad, Parking Authority and Plaza
Camino Real, provides for the expansion of the Plaza Camino Real
Regional Shopping Center; and
WHEREAS, Section 2.8 of said Agreement provides for an
exchange of land between the parties to create a site which will
accommodate the Bullock's Store; and
WHEREAS, an Exchange Agreement and Escrow Instructions has
been prepared which is acceptable to all parties and which will
carry out the contemplated land exchange; and
WHEREAS, The City Council of the City of Carlsbad, California,
by the adoption of Resolution No. 5600 , has approved said
Exchange Agreement and Escrow Instructions;
NOW, THEREFORE , the Parking Authority of the-City of Carlsbad,
California does hereby FIND, RESOLVE, DETERMINE AND ORDER as
follows:
Section 1: That the above recitations are true and correct,
Section 2: That the Exchange Agreement and Escrow
Instructions between the City of Carlsbad, Parking Authority and
Plaza Camino Real, which is on file with the City Clerk and
incorporated by reference herein, is hereby approved.
Section 3: That the Chairman and Clerk of the Authority
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are hereby authorized and directed to ej-.ecute said Agreement
for and on behalf of the Authority.
Section 4: That the Chairman and Clerk of the Authority
are hereby authorized and directed to execute the Grand Deed.
(Exchange Parcel A), the Amendment to Lease Agreement and the
Amendment to the Plaza Camino Real Public Parking Lot Operating
Agreement, Exhibits "C","D" and "F" respectively to said
Exchange Agreement and Escrow Instructions, for and on behalf
of the Authority.
Section 5: That the Parking Authority hereby accepts the
Grant Deed to Exchange Parcel B, to be effective upon delivery
of said Deed, properly executed in a form shown as Exhibit "E** to
said Exchange Agreement and Escrow Instructions and the Chairman
and Clerk of the Authority are hereby authorized and directed to
execute said acceptance for and on behalf of the Authority.
ADOPTED, SIGNED AND APPROVED this Hfh day of fli.g.igt
1978.
Vice Chairman of the ]Parking Authority
of the City of Carlsbad, California
ATTEST:
Cle^k qt the Parkin.^ Authority
; of the/city of Carlsbad, California
(SEAL)
V/ v>
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Margaret E. Adams, City Clerk of the City of Carlsbad, County
of San Diego, State of California, hereby certify that I have ocropared
the foregoing copy with the original Resolution #14 , passed and
adopted by the Carlsbad Parking Authority, at their meeting of August 4,
1978 thereof, at the time and by the vote therein stated, which original
resolution is now on file in my office: that the same contains a full,
true and correct transcript therefrom and of the whole thereof.
..^^.."^^"••IQTNESS my hand and the seal of said City of Carlsbad, this
/•v'y V.llti-i//?,dky of August 1978. ' / w
: (SEIdL^i.r ^ { /j city Clerk" (