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Home My WebLink AboutCDP 96-05; JENSEN, JON A.; 1997-0427136; EasementI > ‘4 ’. , ‘4 ,’ ‘ 0 $,or d pg-p=~ “ =”$ ”s i 1?{ f-vQh: {IS0 e; ”;, J&JZ ,+ fPP$ 2=52 pR c 1108 fl~Fir~~~ RE[@$ 46.. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD / 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 ;&j ~~pyj cfl!#y Rgfl;;D&?$ @FIEF ::E 1,1\1 .J. Si!, I h f .tu;, . i nci.URDE2 FEES: Om@ 911: 146 $#f$ 2 GFrCnr:.- 7 p~.--“’ y, i;i-p x-p- ’. ,’ ,. 1, ~llllllllllrsl~llll~~~~~l~~llllllll~llllllllllll~ -1 Space above this line for Kecoraer-s use Assessor‘s Parcel No.210-120-30 Project No. & Name: “Beach Stairwav” CDP 96-05: SUP 96-07: HDP 97-03 DEED OF EASEMENT AND AGREEMENT TO HOLD HARMLESS, AND INDEMNIFY This agreement is entered into by and between Jon Jensen, hereinafter referred to as Grantor and the City of Carlsbad, hereinafter referred to as Grantee. In consideration of the City’s approval of “the stairway” pursuant to SUP 96-07; HDP 97-03; and CDP 96- 05; and in consideration for development to occur on the property described in this agreement; and in consideration for the granting of an easement as provided herein, Grantor, agrees as follows: I. Grantor agrees to and hereby Grants to the City of Carlsbad, a Municipal Corporation, subject to the terms and conditions of this agreement, a non-exclusive easement in Gross for the sole purpose of pedestrian ingress and egress foot access between Carlsbad Boulevard and the Pacific Ocean over, along, and across that certain real property hereinafter referred in this agreement as the property, and shown for convenience on Exhibit R attached hereto and described as follows: A strip of land betweer: Carlsbad Bou!wzrd and the Pacific Oclzan ten {IO) feet in width along the entire southerly border of a parcel described as Lot 1 of Poinsettia Beach Unit No. I, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof 3897, filed in the Office of the County Recorder of San Diego County, May 26, 1958, together with that portion of Lot “H” of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16, 1896, more particularly described as follows: Beginning at a point on the southwesterly right-of-way line of Carlsbad G:\DATA\JAJ\EASMNT.AGR 1 9 ', .f '. , 0 ,1 I* Boulevard bearing south 30" 38' 50" East, to a point 160.00 feet from the most easterly corner of Lot 1 of Terramar Unit No. 1, according to Map thereof No. 2696, filed in the Office of the County Recorder of San Diego County, said point also being the true point of beginning; thence continuing south 30" 38' 50" East, 200.00 feet; to the northerly corner of Lot 2 of said Map 3897; thence leaving said southwesterly right-of-way line, along the northwesterly boundary line of said Lot 2, south 59" 21' IO" west, to the mean high tide line of the Pacific Ocean; thence northwesterly along said mean high tide line, to a line which bears South 59O 21' 10" west from the true point of beginning; thence North 59" 21' IO" east to the true point of beginning. 2. The easement as described above shall be limited to natural daylight periods of use between dawn i~ dusk. Nohvithstanding the above restriction, and prior ta April 1, 1998, the Grantee, pursuant to a written request from the Coastal Commission, shall have the unilateral right, but not the duty, to extend the periods of daily use of the easement between any portions of time between dusk to dawn. Should Grantee desire to extend the periods of use of the easement as provided herein, Grantor agrees to sign, and provide forthwith to Grantee a document in a form and substance attached as Exhibit "A" hereto, which document, upon recordation by Grantee, shall amend the provisions of this easement agreement as to periods of daily use of the easement only. 3. In addition to the above, the easement shall not interfere, at any time, with the free use and enjoyment of the property by the title owner of the property. 4. The title owner to the above described property, is providing the access described herein for "recreational purposes" at the request of Grantee, pursuant to the provisions of California Civil Code § 846 and nothing in this agreement shall create any liability or duty in contradiction to or inconsistent with the provisions of California Civil Code 3 846. 5. The title owner to the above described property shall assume the defense of, pay ail expenses of defense, and inciernnifi and hdd harmiess the City of Carisbad, and its officers and employees, from all claims, loss, damage, injury, and liability arising from or in connection with the on site use of the access, or drainage failures, or geological failure of the stairway development. 6. The above indemnity and hold harmless is for the liability and/or acts or omissions arising from or in connection with claims for this project only and does not include liability, damage, acts or omissions which are arising from or in connection with or occasioned by other projects. G:\DATAWAJ\EASMNT.AGR 2 i t .< 0 *710 7. It is further agreed that the above indemnity and hold harmless shall be binding on all successors of the owners of the above-described property and shall remain and continue in effect from owner to owner. Notwithstanding the above, and following the transfer of ownership of the property described in this agreement, all liability and the indemnity and hold harmless provisions set forth herein as to a prior owner or owners shall terminate as to incidents incurring thereafter. 8. Approval of the plans by the City for the project described herein shall not constitute an assumption by the City of any responsibility for such plans nor shall they constitute a damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursmnt io tho approved pians, Goi sitail any omcer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this Agreement. 9. Owner or owners, as described in this Agreement, shall be the owner of the record fifle of the property described above in this Agreement. IN WITNESS WHEREOF, the undersigned has executed this instrument this A2 day of boa (J 2°F , 19x. i.J (Print Name and Title) APPROVED AS TO FORM: CITY ATTORNEY i - c ..“c. & ..% b* d I Assistant City Attdnef clvco (Proper notarial acknowledgement of execution by the OWNER(S) must be attached) G:\DATA\JAJEASMNT.AGR 3 <. '. 0 8711 rt a. X 'C4LIFORNIA ALL-PURPOSE ACKNOWLEDGMENT NO. 5907 I c_ pergunally appeared < I [I VI A + JJ II) \Q VI NAME(S) OF SIGNER(S) Fersonally known to me - OR - 0 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 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 CORPORATE OFFICER DQQ$ of Es-c ned-mci ~liye~m~rf +a hold hlirMlp53, and intiamn,'~ TITLE OR TYPE OF DOCUMENT TITLE(S) NUMBER OF PAGES SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01 993 NATIONAL NOTARY ASSOCIATION 8236 Remmet Ave., P.O. Box 7184 Canoga Park, CA 91309-7184 *I d , . RECORDING REQUESTED @I AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 a \ *LV Space above this line for Recorder’s use ~ ~~- Assessor’s Parcel No. 21 0-1 20-30 Project No. & Name: “Beach Stairway” CDP 96-05: SUP 96-07; HDP 97-03 EXHIBIT ”A” EASEMENT AMENDMENT Grantor Jon A. Jensen and Grantee City of Carlsbad have previously entered into an easement agreement entitled “Deed of Easement and Agreement to Hold Harmless, and Indemnify”. Paragraph two (2) of such Agreement, provides for Grantee to unilateral amend the periods of daily easement use of the easement, upon written request of the Coastal Commission. Grantee, pursuant to the terms and conditions of the original Agreement, hereby amends paragraph two (2) of the above-referenced Agreement as follows: A. Delete Paragraph 2 in the original Agreement. B. Add as a new Paragraph 2 the following: The hours of daily permissible use of the easement as described above shall be between the hours of a.m. to p.m. or (describe) IN WITNESS WHEREOF, the undersigned has executed this instrument this - day of I 19“. PROPERTY OWNER By: (Sign Here) APPROVED AS TO FORM: City Attorney (Print Name and Title) ~~~~~ ~ ~ By: Assistant City Attorney (Proper notarial acknowledgement of execution by the OWNER(S) must be attached) "__ ~ - ~~ ~ ~ "" ~~ ~~- I. 6PSIS- 6F BEARING: e \ 43 e \ \, \ ,THE BASIS OF BURING FOR THIS PLAT IS THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF CARLSBAD BOULEVARD AS SHOWN ON MAP 2696 BEARING SOUTH 30'38'5O"EAST LEGAL DESCRIPTION SEE LEGAL DESCRIPTION "EXHIBIT A" LEGEND wfi AREA OF DEDICATION EXISTING LOT LINES "" TOP OF BLUFF (VARIES) 1 O'ACCESS EASEMENT DEDICATED TO THE "CITY OF CARLSBAD" GWHIC SCALE (wm) 1 IWh I W 11. PUBLIC SIDEWALK EASEMENT N A. JENSEN QUESTED BY: 1 SOUTH ESCONDIOO BLVD. PREPARED BY: EXHIBIT B CONDIDO. CALlFORNlA 92025 R.C.E. 22096 EXPDATE 9/30/97 DATE: AUGUST 8. 1997 CHARLES J. RANDLE. P.E. CIVIL ENGINEERING CONSULTANTS A.P.N. 210-120-30 *- .* . e 0 L.. . 1714 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated 8/20/97 , from Jon A. Jensen to the City of Carlsbad, California, a political corporation and /or governmental agency, IS hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by it’s duly authorized officer. Dated: Auaust 22, 1997