Loading...
HomeMy WebLinkAboutCT 02-28; City of Carlsbad; 2013-0548993; EasementDOCtt 2013-0548993 RECORDING REQUESTED FOR THE BENEFIT OF THE CITY OF CARLSBAD WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Drive Carlsbad, CA 92008 MAIL TAX EXEMPT STATEMENTS TO: EXEMPT SEP 04, 2013 1:30 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernesl J. Dronenburg, Jr., COUNTY RECORDER FEES: 39.00 OC: NA PAGES: The undersigned grantor(s) declare(sy: vij^ Documentary transfer tax is $0.00 Vj^^ ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at flme of sale. ( ) Unincorporated area: (x) City of Carisbad, and SPACE ABOVE THIS LINE FOR RECORDER'S USE Assessor's Parcel No.: 156-302-24 TEMPORARY ACCESS EASEMENT AGREEMENT RECITALS A. The City of Carlsbad, a chartered municipal corporation of the State of California, ("Grantor") is the ovmer of a parking lot for the Plaza Camino Real shopping center located in the City of Carlsbad, County of San Diego, State of Califomia ("City Parcel"). The City Parcel is from time to time referred to herein as the "Servient Tenement". B. CMF PGR LLC, a Delaware limited liability company ("Grantee") is the ovmer of certain real property adjacent to the City Parcel, as more particularly set forth in Exhibit A, attached hereto and incorporated herein by reference (the "Dominant Tenement"). Grantee intends to construct a compactor pad (the "Compactor Pad") upon a portion of the Dominant Tenement as shown on Exhibit B attached hereto and incorporated herein by reference. G. For good and valuable consideration Grantor has agreed to grant to Grantee an easement over the Servient Tenement to construct a driveway access ramp and retaining wall for vehicular truck access, upon the terms and conditions set forth in this Agreement. AGREEMENT NOW, THEREFORE, Grantor grants the Easement (as hereinafter defined) to Grantee under the following terms and conditions: Section 1. Grant of Easement Grantor hereby grants to Grantee an easement over a portion of the Servient Tenement (land and improvements) that is more particularly described in Exhibit C, for the Easement Purposes, as defined in Section 2 of this Agreement ("Easement"), subject to all matters and encumbrances of record affecting the Servient Tenement, on the terms and conditions set forth in this Agreement. Section 2. Easement Purposes "Easement Purposes" collectively means use of the Servient Tenement as is necessary, desirable or advisable for the purposes of constructing a driveway access ramp and retaining wall for vehicular and pedestrian access to the Compactor Pad by Grantee, its successors, assigns, tenants, customers and invitees, and the customers and invitees of such tenants, as shown on attached Exhibit B. Section 3. Character of Easement The Easement is nonexclusive and appurtenant to the Dominant Tenement and includes the absolute right of Grantee to use the Easement for the Easement Purposes, which use must not be disturbed, interrupted or impeded in any maimer while this Agreement is in effect except as provided in Section 5. Section 4. Term The Easement will automatically terminate if the Compactor Pad is no longer being used by Grantee for the purposes of trash storage and disposal (excluding temporary interruptions in such use due to force majeure or vacancy of the building that is served by the Compactor Pad). Grantee agrees to cooperate in recording a vacation of this easement upon its termination. Section 5. Maintenance and Repair Grantee will be solely responsible to conduct such maintenance and repair of the Easement and improvements thereon as it deems necessary or advisable to maintain the Easement in good condition and repair, including without limitation paving the Easement. Grantor shall have the right from time to time to use and inspect the Easement to ensure that Grantee's maintenance and repair obligations are met and to undertake any maintenance or repair if such obligations are not met in Grantor's sole discretion within a reasonable period of time following written notice thereof to Grantee. Grantee will be solely responsible for the cost of such maintenance and repair. Section 6. Insurance Grantee must obtain and keep in full force and effect at all times extended commercial general liability insurance covering public liability for personal injury, death, or property damage, arising out of its use or maintenance of the Easement (including improvements thereupon) for at least $3,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of Califomia. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:Vn" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". Grantee may provide the required limits of coverage through a combination of a primary general liability policy and umbrella/excess policies. -2- Section 7. Removal Obligation Upon termination of this Agreement, Grantee will have the obligation to remove any improvements constmcted by Grantee located within the Easement and restore the Servient Tenement to its condition at the time the Easement was granted. Section 8. No Impediment to Use During the term of this Agreement, no walls, fences or barriers of any sort or kind whatsoever that prevent or impair the use of the Easement, or the exercise or performance of any of the Easement Purposes, will be constmcted, maintained, or permitted on the Easement, or any portion thereof, by Grantor or Grantee. Section 9. Successors and Assigns The provisions of this Agreement are intended to and will mn with the land, and, until their expiration or termination in accordance with the terms of this Agreement, will bind, be a charge upon and inure to the benefit of Grantor and Grantee, their respective successors and assigns. Section 10. Indemnification Grantee shall indemnify, defend and hold harmless Grantor, its agents, representatives, heirs, successors and assigns, against any and all claims, actions, or demands, costs or expense, including reasonable attomey's fees, arising out of or in any way connected to any activities of Grantee, its agents, representatives, heirs, successors, assigns or invitees arising out of its use of the Easement, excluding therefrom claims resulting from the negligence or willful misconduct of Grantor or its agents, representatives, employees, heirs, successors or assigns. Section 11. Notices All notices given pursuant to this Agreement must be in writing and by personal delivery, U.S. Mail or established express delivery service, such as Federal Express, with postage or delivery charge prepaid, retum receipt requested, and addressed to the person and address designated below: If to Grantor: Attn: City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 If to Grantee: CMF PGR LLC c/o Westfield LLC 2049 Century Park East, 41'* Los Angeles, Califomia 90067 Attention: COO - Operations With a copy to: CMF PGRLLC c/o Westfield LLC 2049 Century Park East, 41'* Los Angeles, Califomia 90067 Attention: COO - Office of Legal Counsel Section 12. Miscellaneous This Agreement constitutes the entire agreement between Grantor and Grantee relating to the Easement. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement will be of no force and effect unless it is in writing and signed by Grantor and Grantee or their respective successors or assigns. This Agreement will be effective upon the date it is recorded. Section 13. Signature/Counterparts This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first set forth hereinabove. GRANTOR: GRANTEE: CITY OF CARLSBAD, a municipal corporation of the State of Califomia Matt Hall, Mayor CMF PGR LLC, a Delaware limited liability company By: Westfield America Limited Partnership, a Delaware limited partnership, its sole member By: Westfield U.S. Holdings, LLC, a DelaW^e limitediiability company, its APPROVED AS TO FORM: ""Mno^^ CELIA A. BREWER, City Attomey Assistant City Attomey -4- CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of Califomia County of 5>an P^e^^D On / tUjC^ • * '2-^> before me, V (Here insdiLname and title of the offices^/ personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(v) is/^ea subscribed to the within instrument and acknowledged to me that he/shc/thcy executed the same in his/h©f/ti*ek authorized capacity(4es), and that by his/hor/thoir signature's) on the instmment the person's), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Notary Seal) MORGEN FRY Commission # 1918442 _^ Notary Public - California | San Diego County | My Comm. Expires Dec 24,20141 ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT k (Title or description of attached document) ^(Title or description of attached document continued) Number of Pages Document Date (Additional information) CAPACITY CLAIMED BY THE SIGNER • Individual (s) • Corporate Officer (Title) • Partner(s) • Attorney-in-Fact • Trustee(s) • Other INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properiy completed and attached to that document. The only exception is if a document is to be recorded outside of Califomia. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they, is /we) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO, CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v 12.10.07 800-873-9865 www.NotaryClasses.com ACKNOWLEDGMENT State offcalifomia County of SaibDiego On before me. (insert name of notary) Notary Public, personally ^)}^ared who proved to me on the basis^9^f satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrumemsand acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ie^and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf d^which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJI the foregoing paragraph is tme and correct. WITNESS my hand and official seal. lY under the laws of the State of Califomia that Signature, State of Califomia County of Los Angeles (Seal) Q^Jcf /f/ before me, Li^ 1^.2IAPJU^^ PnUlc U KJ O A tTN I >*) J^^^ri name of Notary) On IT ir^ -f C E_C ^ 7 7 P"^, ^ Notary Public, personally appeared _ who proved to me on the basis of satisfactory e\^idence to be the person(^ whose name(^ is/^re subscribed to the within instmment and acknowledged to me that he/sl^e/tljey executed the same in his/hfi*/tl;ei^uthorized capacity(ies), and that by his/hef/thek signature's) on the instmment the person(s)ror the entity upon behalf of which the persoQ(s)-acted, executed the instmment. I certify under PENALTY OF PERJURY under the laws ofthe State of Califomia that the foregoing paragraph is tme and correct. WITNESS my hand and official seal. Signature ^^i^'*^'^'^*""*^ ^ ft >_ LISA M. SHELLEY \ Commission # 1931433 I Notary Public - California i J ^^^SH^^ Angeles County t •III. ,'^,'^^°';^";-^xDiresApr30. 2015^ (Seal) -5- Exhibit A Legal Description of Dominant Tenement LOT 12 OF CARLSBAD TRACT NO. CT-76-18 (PLAZA CAMINO REAL SHOPPING CENTER) IN THE CITY OF CARLSBAD, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, AUGUST 11, 1978. Exhibit A -1- Exhibit B Depiction of Compactor Pad and Easement p.ac. N55ir40'W 6.10' Lot 9 APN 156-302-24 20.23 AC Exhibit B -1- Exhibit "C" Legal Description of Easement EASEMENT FOR DRIVEWAY TO TRASH COMPACTOR BEING A PORTION OF LOT 9 OF CITY OF CARLSBAD CT 76-18, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 8956, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON AUGUST 11, 1978, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ALONG THE EDGE OF SAID LOT 9, ALSO BEING THE NORTHEAST CORNER OF LOT 12 OF CITY OF CARLSBAD CT 76-18; THENCE ALONG THE EASTERLY LINE OF LOT 12, SOUTH 20°00'00" EAST 76.00 FEET; THENCE SOUTH 70°00'00" WEST 15.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 70°00'00" WEST 25.00 FEET; THENCE SOUTH 19°59'39" EAST 92.28 FEET; THENCE NORTH 89°36'07" EAST 6.15 FEET TO THE BEGINNING OF A NON- TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 100.00 FEET, A RADIAL TO SAID CURVE BEARS SOUTH 89°36'07" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°46'51" A DISTANCE OF 43.25 FEET; THENCE NON-TANGENT TO SAID CURVE NORTH 55°17'40" WEST 6.10 FEET; THENCE NORTH 19°59'39" WEST 52.97 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2009.18 SQUARE FEET (0.046 ACRES), MORE OR LESS. Exhibit "C" 801288.05/SD 339766-00005/7-10-13/cds/rch -1-