The URL can be used to link to this page

Home My WebLink AboutCT 76-18; GROVE APARTMENTS INVESTMENT CO.; 80-087187; EasementAft?\* recording yeturn k hll.. e e ' .. -_ 1 tJe$j City of Garlsbad Ci.ty C1 erk 1200 Elm Ave. Carlsbad, CA 92008 P .: Cw:b(%dJpj kr I i Fi., I* $7 f, R! :,: ' i. : , ~,.~,.- .,.."._ - ;\ !7- ,,, :< 7 '" " ": SF, k.>-,: -,,, , ._ '. ;.:- ' -. n .,::7,r,,, . "' - .. ' '' . r - , J<. . t3- f pJ4 C\6!YLCf p t; R w 13 \ Icjp;! "7 D"C: v'ddsd&ukl ?;.'FPiy$ .a $s\i i"' Tpt.''!p-rD I\. i, rurL.L Tky - , $..-&m.".-* I. -.: 1 !*.L<,.. , -:UiiGcJ GRANT OF EASEMENT AND AGREEMENT SAH D~EGO GOUH~Y. CALIF. VEU L. LYLE RECORDER This Grant of Easement and Agreement is made as of thc 1 r" "-" 1' ~ i i day of -,&JL5: L. &<,- . ,. , 198B, by and between GROVE APARTMENTS INVESTYENT CO., a general partnership (hereinafter referred to as the "Grantor") , the CITY OF-CAFCGSBAD (hereinaftel referred to as the "Grantee"), and PLAZA CAMINO REAL, a Califorr limited partnership (hereinafter referred to as IPCR"), with reference to the following facts: A. The Grantee as a condition of its approval of the map for Carlsbad Tract No. CT 76-18 presented by PCR to Grantee pursuant to the Subdivision Map Act required the installation bq PCR of a desiltation basin as shown on the drawing attached here as Exhibit A and more particularly described in Exhibit B attack hereto, both Exhibits being hereby incorporated by reference. The parties acknowledGe said drawing is made with reference to the final map for said CT 76-18, depicting the site of the Plaze Camino Real shoppirg center in Carlsbad, California, recorded ir the Office of the County Recorder of the County of San Diego, St of California on August 11, 1978. B. The desiltation basin shown 01: Exhibit A and descr in Exhibit B will occupy land owned by Grantor. NOW, THEREFORE, the Grantor does hereby grant to the Grantee the easement described below, to be held and exercised b the Grantee for the term .and;on the other terms ar_d conditions provided below. 1. Nature and Extent. The easement granted hereby (t "Easement") shall be for the Grantee or PCR to build, inspect, maintain, repair and remove a desiltation basin and appurtenant access road having the dimensions, confiqurations and location s on Exhibit A (the whole of such desiltation basin and appurtenan access road is hereinafter referred to as the "Desiltation Basin ~, '. I. e ';, .. e 3- <I 4 t! 1, 2. Term. The term of the Easement shall be frGm the of recording hereof unti1,the earlier of the following dates: t date, if any, or? which the existing 66-inch storm drain in Marrc Road is extended in a southerly direction, or the date, if any, which the drainage of the slope area situated south of Marron RC shall have been diverted or drained or otherwise provided for ir such manner that the Desiltation Easin is no longer required foz the purpose of desilting such drainage. 3. Covenants of PCR. As an essential inducement to t Grantor, without which this Grant of Easement and Agreement woul not be executed, PCR covenants'with the Grantor as follows: (a) PCR will cause the Desiltation Basin to be constructed and installed in accordance with Exhibit A, with goo material and workmanship, as diligently as possible and in such manner as to do as little damage as possible to the property of Grantor during and after construction, and PCR shall do all thin including but not limited to landscaping, necessary to cause the completed Desiltation Basin to intrude as little as possible up0 the appearance of the Grantor's property. (b) PCR, at its expense, shall maintain and repai the Desiltation Basin so as to keep the Desiltation Basin in substantially good condition ant: repair. (c) During the term of the Easement PCR, at its expense, shall do all things, including but not limited to lands1 and filling, necessary to repair damage to the property of Grant' including the appearance thereof, resulting from the installatio: existence, maintenance or repair of the Desiltation Basin. (a) Upon expiration of the tern provided in Parag hereof, for whatever reason, including but not limited to acts o the Grantor, PCR, at its 'expense, shall promptly remove the Desiltation Basin and the components thereof from the property 0: the Grantor and do all things, including filling, compaction and .i . 2 'I , a %dl >> landscaping, necessary to restore the crea occupied by the Desi: Basin to a cond.ition and appearance comparzlble to the then cond. and appearance of the adjacent property of Grantor. (e) PCR shall defend, indemnify, protect and holl harmless the Grantor from and against any and all damage (whethl to person or property, including but not limited to the propert; the Grantor), cost, expense, loss, claims, actions, proceedings suits arising out of or based upon the construction, existence, inspection, maintenance, repair or removal of the Desiltation E, unless said damage, cost, expense, loss, claims, actions, procel and suits arise from the negligence of the Grantor or the Grant1 or their enployees, agents, or inzependent contractors. IN WITNESS WHEREOF, the Grantor, GraEtee and PCR have executed this Grant of Easem-ent and Agreement as of the day and first above written. GRANTOR : GRANTEE : GROVE APARTMENTS INVESTMENT CO. : CITY OF CARLSBAD, a Mun. . . .- .' -& / -/ T /: a' y ,. -..- ,,L>"c.".&Y L-" BF __ -.- .I </""-L.-""-.. gernard Citron Fred A. Bartnan, Jr. and TRUSTEE UNDER THE RESIDUARY TRUST ESTABLISHED UNDER THE WILL OF WILLIAM S . BARTMAN, DECEASED Corporation of the Statc California By : ,&~-p&&- fl&,,&/ d /,sfe~dfl~& 4 5 PCR : PLAZA CPXINO REAL, a Ca: limited partnership By : MAY CENTERS .,.,. :TNC .: ,'~ . .. . ' ,,;; the ~ - .." era1 partner.:;,.;:, ,. By : and >*:,s...;" ', . -. , - ..; ,.*v and TRUSTEES UNDER THE MARITAL TRUST ESTABLISHED UNDER THE WILL OF WILLIAM S . BARTMAN, DECEASED 4r /I./"- (///;- --/"". ,q *, , ./ ,+ v ,-& y"_ c,r &[.HL"'7.';L*I /.rl 1 ,q (:; ;c /.* /y/; !/A &- h-, /,,. y / t Ltk:/-c. 4<- Fred A- Bartman, Jr.s. .d '' ' :* a I L. 0 e I ,, -1 43 4 2 . ._. , STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss * On this f day of c in the year , before ne the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the of the City of Carlsbal municipal corporation of the State of California and known to 1 to be the person who executed the within instrument on behalf ( said municipal corporation, and acknowledged to me that such c of Carlsbad, California, executed the sane. WITEESS my hand and official seal. APPROVED AS TO FOFW: Notary Public .. .c . STATE OF COUETY OF On fd !AF 1 Vfd before me, the undersigned, a Notary Public in and for s%d State, personally appeared Willii M. Earding, known to me to be the President and - known tc me to be the Assistant Secretary of MAY CENTERS, IN@., the corporation that executed. the within instrm and known v to me to be the perscns who executed the within inst1 on behalf of saidi corporation, said corporation being known to be one of the partners of PLAZA CAMINO REAL, a limited partner: the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as 5 partner and that such partnership executed the same. . .. WITNESS mY hand and official seal, ..,, 'jl i ;I; ,,,.,.. *- .-.. . e'. _. u .~ r-, I '.' . , . "; .-, : ,I c;- <: 7 > __,,iY.--.*i ,- ., ? . :, r - : ij ", 7 ; .'; ; .:, ;',: - . , : 'I .. __ * .---:.- . , . I .,_ - ,"( I . ... ! ,(..I._>,. ' . ,..- " , _. :$:S:G3Ri ;,?,";,,,-,, :>;-: ..L.zr ?.".'. z. " : ,.j . i .s I ' . . > XES 6j28i83 ~~,~ ~~,..~~,~,~~~~~~~;~~,~ i.'" - . " 0 -. . .., . . .:m L .,,. c ,..... ?-,;is c~di\iTY i. I. r . f< b, &e q^L , I ;2,.&, c.. y;,< ~- D - '. ,. ... " g&$ .,&-?*: .... .- .,<,*: I ,I . ' 1 %- e 0 * ~\ f. 0 4 3 STATE OF CALIFORIJIA COUNTY OF $. &pQ2 On 2-q 13( t'ip3 before me, the undersigned a Notary Public in and for said State, personally appeared Bernard Citron, Harry J. L. Frank, Jr. and Fred A. Bartman, known to me to be three of the partners of Grove Apartments Investment Co., the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same WITNESS my hand and official seal. 32" iJ &7&7-,d- .x:F.c:i'.,, <-:,:!c? j i^S ,!,;:.~::~s y-U.%; MY CC>j'!&\iSSiDN ~;:?\ii;~ /;,j,kpi 22, ' --@.-""b" STATE OF CALIFORNIA COUNTY OF L." 2,0a .' -. . gfl e c?s 81 On a-d*' d11iq8@ before me, the undersigned, b COUNTY OF L." 2,0a .' -. . gfl e c?s 81 On a-d*' d11iq8@ before me, the undersigned, b a Notary Public in and for said State, personally appeared ?Odemf L.c f4J a- known to me to be QQ e of the partners of H. F. H., LTD. the partnership that executed the witin instrument, and acknowledged to me that such partnership executed the same. WITNES my hand and official seal. A /LA&: / / ~~~~@~~~ocI:c82::BPa~~~~~~~~~~~~~~~.~.~~~~.,., _"_ "" C)?F:cI,!\,r, $jy,J> ; i $v"F:?4<j :": 9$!$ z:,':l; ~ .i II, -.,. I , . . , . >^.I _. e._: : ,., 2 I.,!;, :,/7;:, 5 3 !.OS ;,":pLES c";"- uldn Expires Cct. 12, 1; m .,. 'l '""ir.,:>uLi L1 m p ~ 5"":,.?: ;*, t. ,! r: !. , < .. n : . ..~ II gd ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~:~~~~~~'~~~~:~?~~,,~~ di.,8P3 z 7- sf~c2,~~,., -~:~ '\-I;'.$(: ....' !;.!-I:: L!-.L., 'iL~ irn*?>, u.,.i!A %;?&.d 'pg Comr',"c" 5VlV I Y ' +. = . 3 PI.. ' ~% 0 a .f 92 4 4 - STATE OF CALIFORNIA COUNTY OF dm +QL On before me, the undersigned, a Notary Public in and for said State, personally appeared Fred A. Bartman, Jr. known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same as Trustee Under the Residuary Trust Established under the Will of William S. Bart". Deceased, !,y ,+ *.L Witness my hand and official seal. NCTkRXY FL:;:.!C . Cz,,LIr2R -9 pJw LGS P.:!i<C;?L,: ;5,N;ri>S 0;;;cz co~td~y !% v W Witness my hand and official seal. " - ~ -9 pJw w r ?2TJ c, *.:,&;>+ ... P.:!i<C;?L,: 0;;;cz !% y, - .;: .+!T,"' NCTkRXY FL:;:.!C . Cz,,LIr2R LGS ;5,N;ri>S co~td~y v W -+"i . .. STATE OF CALIFORNIA COUNTY OF 6 vG On ~wQ r7, /'? FD before me, the undersigned, a Notary Public in and for said State, personally appeared Fred A. Bartman, Jr. known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same as Trustee Under the Marital Trust Established Under the Will of William S. Bartman, Deceased, Witness my hand and official seal. " OFilClAt SE.I g?/v7;:~:. j+cr;--;n ,_a 1\, _. I P.-,,,;cL ,twm--- -~~,.'l"l. , :o N3%R'i Fa!GLIC . CA!.IF< n k!J pR;NC!P(,!. CFF!CE ,I ~jY&,"j,,"j 9 p-??.&L/ e<,,:; .I, ., . ._\ i,?$ /,,>;;,f,;:; ;:;;;'iq. .ppq*, &&"-C. "j2." q;:..* :I? &<,- 5.:. I;' ': Y w MY CCi%!liSSiS.,{ i>:?i;:':: I;;,!,p<;.i 22, 1 5w""bL"W .;SG~IRMAN R~owAY e Assoc&Es 3. ' r % t.2 *.<;TO'rVSULTING CIVIL ENGINEERS Io SUBJECT: LEGAL DESCRIPTION DESILT BASIN Date Il/l6/ 78 PLAZA CAMlNO REAL BY G.A. SCHMl T 2 LOT 29 TRACT 76-18 m 0 0 * N W C)EsrlrilrroN 5k\X ry APEA = 2-60 ACPES -i- 0 v) In5 3 .. 2 In yr) 0 . S 58O24' 44" W 9 20.00' z S 74°24144'1W . 27 3.00' ,- .'( * ~L L' .\ 0 " i. b EXHIBIT B e .i f.1 4 5 LEGAL DESCRIPTION A PA-RCEL OF LAND SITUATE IN THE CITY OF CARLSBAD, COUN-W OF.SAN DIEGO, STATE OF CALIFORNIA BEING A PORTION OF LOTS 18; 22, 23, AND 24 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO. 1 ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AND PORTIONS OF CATON STREET AS VACATED AND CLOSED TO PUBLIC USE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SO!JTHWEST CORNER OF LOT 29, CARLSBAD TWCT NO. 76-18, MAP NO. 8956, FILE0 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON AUGUST 11 , 1978, SAID POINT ALSO BEING IN THE NORTHERLY LINE OF MARRON ROAD (82 FOOT RIGHT-OF-WAY); THENCE EASTERL' ALONG SAID LINE ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 758.00 FEET, A RADIAL BEARING THROUGH SAID POINT OF SOUTH 3'12'22" EAST, THROUGH A CENTRAL ANGLE OF 12'22'54'', A DISTANCE OF 163.80 FEET; THENCE Nam 74'24'44" EAST, 62.60 FEET; THENCE LEAVING SAID NORTHERLY LIPJE SOUTH 15O35'16" EA5 82.00 FEET TO THE SOUTHERLY LINE OF MARRON ROAD , SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVINC SAID SOUTHERLY LINE SOUTH 15"35*16" EAST, 243.00 FEET; THENCE SOUTH 31'35-'16" EAST, 65.00 FE.ET; THENCE NORTH 58'24'44" EAST, 20.00 FEET; THENCE SOUTH 31'35'16" EAST, 103.00 FEET; THENCE SOUTH 58O24'44'' WEST, 20.00 FEET; THENCE SOUTH 74O24'44" WEST, 273.00 FEET; THENCE NORTH 15"35'16" WEST, 116.00 FEET; THENCE NORTH 37'35'16'' WEST, 259.00 FEET; THENCE NORTH 43"16'29" EAST, 122.015 FEET TO THE HEREINBEFORE MENTIONED SOUTHERLY LINE OF MARRON ROAD; THENCE EASTERLY ALONG SAID LINE ON A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 840.00 FEET, A RADIAL BEARING THROUGH SAID POINT OF SOUTH 4'50'16" EYST, THROUGH A CENTRAL ANGLE OF 10°45'00", A DISTANCE OF 157.603 FEf THENCE NORTH 74O24'44" EAST, 62.60 FEET TO THE TRUE POINT OF BEGINNING. * ._ . . - . -. . . -4 1 .. , e , I. -, . 8 1 I,.: y f I' CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant of Easement and Agreement dated January 17, 1980 from Grove Apartments Investment Co., a general partnership, 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 Council of the City of Carlsbad, Cal ifornia, pursuant to authority conferred by Resolution No. 6099 of the City Council of the City of Carlsbad adopted on March 4, 1980, and the grantee consents to the recordation thereof by its duly authorized officer. .j : ,,? . " "J ? . . ,. .,. ., . .. . ., Dated: March 6, 1980 , .,. , ' ., # ,,: ,: .,,..,, ,. I _I .. ./ . .. I ... .i , I. .< :'';'. '. ._ , *.- .. . ' .' . %> ' .! . , ': . I .._..? _. , , "* . ?. t I, ::,?. I.. ,' :: I . ' '. ... .. ,',,I&. .:,.,(,.;, ,, . ,...I, I , 2 , ..,TI