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Home My WebLink AboutCT 81-16; DAON CORP.; 85-149882; Easement. .- ". . e @j"i4yWj6 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: *-.. - 1066 .-wr. " - I -._. .., , :i.. , ,c i ,, 1 ,:;..; .;..:- ;. ; ' .. I '4 ., ,.< h' - : ,- ; 3 .. '. I City Clerk city of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 y;? /+J 2J p* y:, j , *. ,_ , I;. .- --\ 1 '+) i I..! 'I i cF:'L'.;: r< y ;ti. I_ . I -~"_. Space Above This Line For Recorder's ,& 'i Qc +& >?Jt -. '\ .ib 5t1#l& i L, w ty "J P-T EASEMENT AGREEMENT (Portion of StagecoaGh Park) & This Easement Agreement (Portion of Stagecoach Park) (the "Agreement") is made in San Diego County, California on MarchA/, 1985, between DAON CORPORATION, a Delaware corporat ("GrantOr") and THE CITY OF CARLSBAD, a municipal corporation the State of California ("Grantee"). RECITALS - - - - - - - - A. Grantor is the fee owner of the real proper fn the City of Carlsbad, San Diego County, California, more particularly described on attached Exhibit A and depicted on attached Exhibit B (the "Easement Area"). B. At the time Grantor purchased the Exhibit A Land Company certain agreements, including certain agreements real property on March 10, 1981, Grantor assumed from La Cost concerning Park dedication entered into with the City of Carlsbad. The first such Park dedication agreement, entitled "1973 Parks Agreement" was entered into on October 15, 1973 a was subsequently modified. This 1973 Parks Agreement was lat supplemented with the "1978 Parks Agreement" entered into on January 3, 1978. Subsequent to this, the 1978 Parks Agreemen was then replaced by a "1982 Parks Agreement" entered into on April 8, 1982. The 1982 Parks Agreement is incorporated in t Agreement by this reference. Under the 1982 Parks Agreement, Grantor made the first of several Stagecoach Park dedications the City of Carlsbad on December 15, 1980, whicn dedication comprised 12.5 acres. The 1982 Parks Agreement has remained unchanged and has served as the basis for the additional dedication of 7.5 acres in Stagecoach Park by Grantor. C. Grantor, as a land owner, developer and corporate citizen in the City of Carlsbad, recognizes the nee for, and supports the construction of, sufficient parks and ( -1- 0 8-4- 1061 0 recreational areas for use by the citizens of Carlsbad. Gran fully appreciates the importance of such parks for the contin good health and well being of the citizens of Carlsbad. As mentioned in Recital B above, Grantor, in its desire to coope with and assist the City in developing adequate public park facilities, has previously dedicated to the City approximate1 acres of the 28 acre Stagecoach Park. D. Grantee now desires, and Grantor is willing grant to Grantee, an easement in gross, over, under, in and across the balance of Stagecoach Park presently owned by Gran (which area is referred to herein as the Easement Area) to pe Grantee to utilize the Easement Area to complete its developm of Stagecoach Park before Grantor is actually required to ded cated part or all of the Easement Area to Grantee under the 1 Parks Agreement. E. Accordingly, Grantor, without being require do so, hereby wishes to grant an easement for the balance of Stagecoach Park to the City of Carlsbad under the following t and conditions. TERIYS AND CONDITIONS 1. Grant of Easement. For the consideration of One Dollar ($1.00) the receipt of which is hereby acknowledged by Grantee, and subject to the terms and conditions of this Agreement, Grantc grants to Grantee an easement ("Easement") in gross, over, ur in and across the Easement Area, for the purpose of construct operating and maintaining a public park and for other incider and ancillary recreational purposes associated therewith, unt such time as Grantor dedicates all remaining portions of the Easement Area to Grantee as set forth in paragraph 2 herein. 2. Term of Easement. The parties hereto acknowledge that Grantol pursuant to the 1982 Parks Agreement, may in the future be required to dedicate all or a part of the Easement Area to Grantee to complete the Stagecoach Park dedication requiremer as a result of conditions of approval on various La Costa FiI Subdivision Maps. As such, upon Grantee's acceptance of the dedication of all or any part of the Easement Area by Grant01 under the 1982 Parks Agreement, this Agreement shall automat: Cally terminate as to only that part of the Easement Area dedicated and this Agreement shall remain in full force and effect only as to that part of the Easement Area not yet dedicated. This periodic partial reduction of the Easement 1 through dedication of park land in compliance with the 1982 Agreement and, accordingly, the termination of the Agreenent -2- e 0 a* 1062 this dedicated land shall continue until all of the Easement i ,has been dedicated, at which time this Agreement shall final11 and automatically terminate. 3. Maintenance. Grantee shall maintain, at Grantee's sole expense, the Easement Area, and all facilities and other imprl ments made or installed by Grantee within the Easement Area, sanitary and safe condition, in good repair and in accordance with all applicable laws and regulations. Grantee shall furt not permit, commit nor szffer waste upon the Easement Area. z 4. Indemnification. Grantee shall and does indemnify and hold Grantor harmless against and from liabilities and claims of a kind for loss or damage to property of Grantee or any other person, or for any injury to or death of any person, arising of: (1) Grantee's use and occupancy of the Easement Area, or work, recreation, activity or other things allowed or suffere Grantee to be done in, on or about the Easement Area: (2) any breach or default by Grantee of any of Grantee's obligations under this Agreement; or (3) any negligent or otherwise torti act or omission of Grantee, its agents, employees, invitees o contractors. Grantee shall fully defend Grantor in any and a actions or proceedings arising from any such claim and shall indemnify Grantor against all costs, attorneys' fees, expert witness fees and any other expenses incurred in such action o proceeding. 5. Insurance. Grantee shall, at all times during the term this Agreement, maintain in full force and effect and at Grantee's sole expense, a policy or policies of casualty insurance and comprehensive public liability and property darr insurance in accordance with prudent business practices to provide reasonable and adequate coverage for casualty claims liabilities, property damage or personal, injury (including de occurring on, in or about the Easement Area. Nothing contair in this paragraph shall prevent Grantee from providing self- insurance to comply with the provisions of this paragraph. so as reasonable levels of reserves consistent with prudent busi practices are maintained and reasonable and adequate excess coverage in accordance with prudent business practices is provided through a policy or policies of insurance. 6. Liens On The Easement Area. Grantee shall pay vhen due all obligations incurred by or for Grantee relating to work on, or use of, tl -3- 0 0 #-eJ 1063 Easement Area. Grantee shall not cause, suffer or permit any liens relating to mechanics or others to attach to or be reco against, the Easement Area, and shall indemnify, defend and hl Grantor and the Easement Area harmless from any and all liens claims and all expenses (including, without limitation, any attorneys' fees) related to, or arising out of, mechanics or others employed or contracted by Grantee for work on, or use t the Easement Area. 7. Covenants Runninq With The Easement Area. The Easement, and the terms and conditions tained in this Agreement, shall run with the Easement Area an shall inure to the benefit of and be binding upon the parties their respective heirs, successors and assigns. 8. Assignment. This Agreement shall not, nor shall any interest therein or thereunder, be assigned, mortgaged, hypot cated or transferred by Grantee without first obtaining the written consent of Grantor which consent shall be within the and absolute discretion of Grantor. 9. Easement Subject to Certain Matters. The Easement is subject to all valid and existing contracts, leases, licenses, encumbrances and claims title which are of record and affect the Easement Area. The of the word "grant" in this Agreement shall not be construed covenant against the existence of any such matters of record. 10. Entire Agreement: Modification. This Agreement contains the entire Agreemen between the parties relating to the Easement. This Agreement be modified only by a written and recorded agreement, signed both parties or their respective heirs, successors or assigns 11. Attorneys' Fees. In the event of any litigation between the ties to interpret or enforce any of the provisions of this Agreement, the prevailing party in the action shall be entitl to recover from the losing party reasonable attorneys' fees a costs . 12. Notices. All notices to be given under this Agreemer shall be in writing, delivered in person or by registered or certified mail, postage prepaid and return receipt requested -4- e e " J l06d the addresses provided below, or such other addresses as eithe party may designate, from time to time, by proper notice undel this paragraph. Any notice shall be deemed given only when actually received by the intended party, whether personally served or sent by registered or certified mail. Grantor: Daon Corporation 5150 Avenida Encinas Carlsbad, California 92008 Attn: Mr. Michael K. Ryan Grantee: City of Carlsbad Land Use Pla.nping Department 1200 Elm Avenue Attn: Frank Aleshire, City Manager Carlsbad, California 92008 13. Exhibits. All Exhibits to this Agreement are incorporl in and made a party of this Agreement by reference. 14. Severability. If any part of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of th Agreement shall not be affected and each term and provision o this Agreement shall remain valid and enforceable to the full extent permitted by law. "GRANTOR" DAON CORPORATION, a Delaware corporation "GRANTEE" CITY OF CARLSBAD, a rnunicip corporation of the State of California By:+ d &&."& MARY H, m, myor (Tit LUXJU ALGIHA L. RAuTEM(RAN z, (Ti G City Clerk Joseph L. Perring General Manager, Land -5- 0 e q STATE OF CALIFORNIA ORANGE J. .I ~ 1065 COUNTY OF 1 i: a, Joseph L. Perring _, personally known to me (or proved to me on the iLE vice President and Gen - Manager S$$++$, on behaif of ib + said State. personally appeared Michael K. Ryan __.-___-___..__.pand On . March 21, 1985 ~. , before me, the undersigned, a Notary Public in and for .- z L E : c" basis of satisfactory evidence) to be the persons who executed the within instrument as ":! -0 "" . .~ ._ s; Daon Corporation 8: - 2: 0 v) suchcorporationexecuted thewithin instrument pursuantto its CONNtE EERGCUND 25 I by-laws or a resolution of its board of directors. 'D -*+es-+0 the corporation therein named, and acknowledged to me that I N q WITNESS my hand and official seal. N 0 0 m Signature (This area for official notarial seal) , Signatur [SEA // /' / d STATE OF CALIFORNIA ) COUNTY OF sAN DIE!Z0 1 ) ss. On April 23, 1985 , before me, the undersigned, a Notary Public in and for said State, personall appeared Mary H. Casler, Mayor and metha L. mu&nkranz, city Cler; personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the with instrument as Mayor and City Clerk I of City of Carlsbad, and acknowledged to me that the City of Carlsbad executed the within instrument. WITNESS my hand and official seal. Signature k4eL%4J [ SEAL 1 -d 1 I Signature OFFICIAL SEAL [ SEAL 1 KAREN R. STWENS Prmlpd Mfm In Ssn I)i caatv Lm I 24-(3-307)032085 -6- I.. ' , 1 RUCK@lGINEEF?ING COMPANY I wEE'&Fi- - 106, I 3088 PI0 PIC0 DR. SUITE 202 CARLSRAD CA 92008 TELEPHONE AREA CODE 714 729-4987 JOB NO. DATE BY LEOAL DESCRlPTlOU FOR: R.T. J.C. 3/11/' 7914-D Parcel B - Proposed Park Site CHK'D. A parcel of land being a portion of Lot 4 and Lot 9 of Ranch( Encinitas Map No. 848 on file in the Office of the County Rec er of San Dieqo County, State of California, in the Cit Carlsbad, said County, said State, described as follows: COMMENCING at the Southeast corner of Map No. 8059 on file ir Office of said County Recorde ; thence South 64'10'39" 704.52 fest; thence South 67'30'00" East 703.33 feet to the bt ninq of a tangent 958.00 foot radius curve concave Northe thence, Easterly along the arc of said curve through a cel angle of 48'08'28" a distance of 804.9.34feet to the TRUE POIK BEGINNING; thence leaving said arc North 2'00'00" West 55 feet, thence South 70°52'04" West 281-30 feet: thence N 3'12'29" East 191.12 feet; thence, North 87'31'00" East E feet; thence North 66'42'00" East 316.16 feet; thence N 50'12'00" East 62.00 feet; thence, North 24'27'00" East 9 feet; thence South 42'23'00" East 583.87 feet; to a point or arc of a 958.00 foot radius curve concave Northwesterly, to 7 a radial line bears South 60'10'49'' East; thence Southeast along the arc of said curve through a central angle of 21"5 a distance of 365.29 feet; thence, South 51"40'00" West 2C feet to the beginning of a tangent 958.00 foot radius c concave Northerly; thence, Westerly along the arc of said c t-hrough a central angle of 12"41'31" a distance of 212.21 fe the TRUE POINT OF BEGINNING. EXHIBIT A TO EASEMENT AGREEMENT COMPANY DESCRIPTION TITLE CO. REFERENCE DATE ORDERNO. REVISION BY D I I I I I I .' c m .. r 0 @A 'A3 1069 c- 5 N4?'pJOO'W 5& v~c/NnY MAP MI SCALE .- I €YH/0U Yd RICK ENGINEER1 PLAT TO ILLrlfmAE LEG& =RIPlON OF SAN DIEU0-(714) 291-07 PARK SKE V€OlCATIOE\I 5120 FRIARS ROAD SAN I CA.92069 FcT( WITS 4.5 i 6 OF GI 81-16 3088 PIO PICO ORIVC.SUI SCALE./''<^^'^ DATE :E 365 SO. uwcno SANTA FI PLANNERS-CIVIL ENGINE€ c*-~zoo8 CARLSBAD-t? wee23 - EXHIBIT B TO :ASEMENT AGREEMENT -