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HomeMy WebLinkAbout1981-01-20; Parking Authority; Resolution 25< ca c/i _i . oc s? < d u. Q O CQ 5 LL • t- rr. 1 2 3 4 5 6 7 8 9 10 11 12 13 < 14 CM m < ii > o < t < O < u s < CD U3 _J CC < CJ RESOLUTION NO. 25 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPT- ING A GRANT DEED FROM PLAZA CAMINO REAL CONVEYING LOTS 21 AND 27 FOR ACCESS RIGHTS AND PUBLIC PARKING PURPOSES. WHEREAS, Plaza Camino Real has submitted a Grant Deed conveying Lots 21 and 27 for access rights and fee title to real property to the Parking Authority of the City of Carlsbad for public parking purposes; said Deed is on file in the office of the City Clerk and is incorporated by reference herein; and WHEREAS, the Parking Authority of the City of Carlsbad has determined it to be in the public interest to accept said Deed; NOW, THEREFORE, BE IT RESOLVED by the Parking Authority of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant Deed conveying Lots 21 and 27 for access rights and real property to the Parking Authority of the City of Carlsbad for public parking purposes, is hereby accepted. 3. That the City Clerk is hereby authorized to cause the original Deed to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. /// /// /// /// a < m Ul _j • cc ? < ^ CJ d li- £3 O < o CN cn m < 3 Z z oc > o < li 8 d OC < 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad Parking Authority held on the zmii^^^Y °^ January, 1981, by the following vote, to wit: AYES: Directors Richardson, McComas, GoocJwin, Chase and Dunne NOES: None ABSENT: ^one ATTEST: ALETHA L. RAUTENKRANZ, City CljSrk (SEAL) -2- GRANT DEED The undersigned, PLAZA CAMINO REAL, a limited partner- ship organized and existing under the laws of the State of California, the general partner of which is May Centers, Inc. ("Grantor"), hereby grants to THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, a public corporation ("Grantee"), the following described real property in the State of California, County of San Diego, City of Carlsbad, more particularly described as follows: Lots 21 and 27 of Carlsbad Tract 76-18 according to Map No. 8956 filed in the Office of the County Recorder of said County on August 11, 1978. RESERVING UNTO GRANTOR, its successors and assigns, and to and for the benefit of each and every portion of adjoining Lots 2, 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 23, 24, 25, 28 and 29 of Tract CT 76-18 (hereinafter referred to as the "adjoining lots"), easements on, under and over the land conveyed hereby as follows: (a) Easements (hereinafter referred to as "installation easements") for: (i) The installation and maintenance of utilities as may be necessary or appropriate to provide utility service to the adjoining lots. Grantor shall have the right to grant to utility companies the appropratie easements for the installation and maintenance of utilites as may be necessary to provide utility service to such lots. All such utilities shall be vmderground, except with respect to those facilities which are normally aboveground in connection with underground utility systems. The term "utilities" as used herein, includes, but is not limited to works, lines, and structures necessary to provide the following products or services to the adjoining lots: water, sewers, drainage, electricity, gas, telephone and cable or closed circuit television. (ii) The purposes of erecting, constructing, main- taining and operating.signs to provide proper advertisement of and directions for business establishments located on the adjoining lots. (b) Easements (hereinafter referred to as "common use" easements) for the purpose of ingress and egress by any pedestrians, automobiles, trucks and any other vehicles to and from the adjoining lots, or any portion thereof by traversing the land conveyed hereby in any direction to or from any point on the common boxindary line of the land conveyed hereby and the adjoining lots or any portion thereof, and the parking of such vehicles including, but not limited to, an easement for access to Lot 21 of the aforementioned CT 76-18 and from there to a public street, to wit: • Marron Road; provided, however, that said common use easement shall not be exercised so as to interfere with the use of the land conveyed hereby for public parking lot purposes and said common use easements shall be exercised consistent with the configuration of said public parking lot. The easement rights reserved hereby include the power on the part of Grantor, its successors and assigns, and the other owners of the adjoining lots, their successors and assigns, to grant easements and licenses for the use of said easement rights to others, provided such grants are solely for the benefit of the adjoining lots. . The easement rights reserved hereby and any licenses to be granted thereunder are subject to the following condition: The right of usage under the common use easements shall be nonexclusive, and in common with the rights of usage on the part of each owner of or licensee under such rights and with all members of the public having the right or privilege for like usage of the Parking Facilities under the terms and provisions of that certain Lease Agreement, dated (hereinafter referred to as the "Lease"), by and between Grantee and the City of Carlsbad, a municipal corporation. The rights under the easements hereby reserved shall be appurtenant to the adjoining lots and any portion thereof. A. The conveyance hereby made is also subject to the following: 1. The Lease covering the land conveyed hereby executed by Grantee herein as Lessor to the City of Carlsbad, as Lessee. 2. 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, and Grantee, by its acceptance of this Deed, for itself, its successors and assigns, hereby makes and agrees to the following covenants, conditions, and restrictions, namely: 1. ' The land conveyed hereby shall be held in trust by Grantee, and its successors, and dedicated perpetually to public use as a municipal parking lot available to the public. Grantee, and its successors and assigns, shall operate the municipal parking lot without charge to the public unless such charge to the public is required by another governmental entity other than Grantee or the City of Carlsbad, or any agency or instrumentality thereof, as a part of a parking management program, transportation control plan, or other government regulation of parking and such charge cannot be legally absorbed by Grantee or its successors and assigns. Said parking lot shall be maintained in good condition with all necessary repairs and replacements and shall be operated by Grantee in such a manner as to provide internal traffic routing and control so as to maintain proper flow of traffic around and within said parking lot and to provide at alj. times access for ingress and egress to ahd from the adjoining lots, including, but not limited to, pedestrians, automobiles, and commercial vehicles engaged in making deliveries to and pickups from establishments on the adjoining lots and unloading operations in connection therewith. Said parking lot shall be kept open for public parking on all days, including holidays, and at all hours except when there is no reasonable need in the adjoining lots for parking in said parking lot or when and insofar as is reasonably necessary for repairs or maintenance. No improvements, structures, buildings, or facilities shall be placed thereon or therein which obstruct, interfere with or restrict the use of the land conveyed hereby as a municipal parking lot, except for decorative plantings, lighting facilities and other improvements incidental to the use of said land as a municipal parking lot. As used herein, the term "total taking" refers to a taking, through or in lieu .of eminent domain proceedings, of eighty percent (80%) or more of the total area of the parking lot and the term "partial taking" refers to a taking through such proceedings of any lesser area. (a) In the event of a total taking, the compensation awarded for such taking shall be apportioned as follows: Grantee shall receive out of the award for such taking an amount equal to its unpaid indebtedness for the cost of improvements and costs of operation and maintenance of the parking facilities incurred by it, less the amount held by or for it for any such purposes* The balance of the award for such taking shall be apportioned between Grantor and Grantee, and their respective successors and assigns, as their respective interests may be determined by the Court. (b) In the event of a partial taking. Grantee shall cause the construction, upon the remaining portion of the land conveyed hereby, of a multi-level parking structure or structures, or other replacement parking facilities having capacity sufficient to compensate, to the .'extent reasonably possible, in light of such physical limitations such partial taking imposes, for the reduction in parking capacity caused by such partial taking if and to the extent that proceeds apportioned to it as a result of such taking are available. Grantor may, at its election, contribute toward the cost of such replacement parking facilities. In the event that the proceeds of any such award in eminent domain apportioned to Grantee or its successors in interest are not required to be so used as above provided, such proceeds shall be deposited in a fund for discharge or redemption of any indebtedness of Grantee in connection with the initial construction of said parking facilities or to Grantee if such indebtedness has been fully discharged. That portion of any such award apportioned to Grantor as a result of such taking shall be retained by the Grantor. If at any time or times Grantee fails to carry out, or to cause to be carried out, the maintenance and operation of the land conveyed hereby as a public parking lot in accordance with paragraph 1 of this Section B, or the construction provided for therein, if required. Grantor or its successors or assigns, shall have the right at its election, in addition to and without prejudice to any other remedies, immmediately to assume and carry out the maintenance and operation of and construction on said land as a public parking lot, provided that Grantor, or its successors or assigns upon assuming such maintenance and operation, shall pay the cost thereof, until such time as Grantee assumes and is ready to carry out, or causes another person, association, or corporation ready . and able to do so, to assume and carry out the maintenance and operation of said land as a public parking lot .in accordance with paragraph 1 of this Section B. 3. Should the parking facilities be damaged by fire, lightning, vandalism, malicious mischief or any other casualty. Grantee shall cause the repair of such damage with all reasonable dispatch. Grantee shall procure and maintain or cause to be procured and maintained in full force and effect at all times, a policy or policies of insurance against loss or damage to the improvements of the parking facilities, resulting from fire, lightning, vandalism, malicious mischief and .such other perils as ' are ordinarily included in "fire and extended coverage insurance", providing coverage at one hundred percent (100%) of the replacement value of said improvements written by a financially responsible insurance company(s) authorized to do business in the State of California. Anyone having possession of any or all of said parking facilities under a lease, license or other similar document, or anyone to whom all or any part of said parking facilities are assigned, pledged or placed in trust as security for any loan for the cost of said improvements shall be named as additional insured under such policies of insurance. The insurance obligations of Grantee pursuant to this paragraph are fulfilled if Grantee causes the procurement and maintenance of such insurance and Grantee or its successors and assigns are named as additional insured under said policy of insurance. If the improvements are to be repaired or rebuilt all proceeds of insurance with respect to loss or damage shall be applied toward the cost of said repair or rebuilding. If the improvements are not required to be repaired or rebuilt as provided for herein, all proceeds of insurance with respect to loss or damage shall be deposited in a fund for redemption of indebtedness of Grantee in connection with the construction of said parking facility improvements. 4. Enforcement of the conditions, restrictions, reservations and covenants herein provided may be by any legally available remedies. Such remedies shall include, but not be limited to, injunction or specific performance. 5. This grant is made on the express understanding that the Lease constitutes valid and binding obligations respectively on the part of Grantee and the Lessee therein named, and should the contrary be established at any time during the 10 term of the Lease pursuant to entry of a final judgment of court of competent jurisdiction, the entry of such judgment shall constitute a condition subsequent to the conveyance hereby made pursuant to which all right, title and interest in and to the land conveyed hereby shall revert to and revest in Grantor in the same manner as if this conveyance had never been made. 6. In the event that Grantee or its successors and assigns fail to perform and fulfill the covenants, conditions and restrictions set forth in Paragraph 1 through 5 inclusive, for a period ' of ninety (90) days after written notice from Grantor or its successors or assigns. Grantor or its successors or assigns shall have the ' right, at its election, in addition to and without prejudice to any other remedies, immediately 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, 7. Each and all of the covenants, conditions and restrictions herein set forth shall be deemed and construed to be continuing, and the 11 extinquishment of any right of entry or reversion for any breach shall not impair or affect any of said convenants, conditions or restrictions so far as any future or other breach is concerned. No waiver of breach of any of the covenants, conditions and restrictions herein contained shall be construed to be a waiver of any other breach of the same or other covenants, conditions or restrictions nor shall failure to enforce any one of such covenants, conditions or restrictions either by forfeiture or otherwise, be construed as a waiver of any other covenants, conditions or restrictions provided, however, that .-no such breach shall defeat the lien or encvimbrance affecting the land conveyed he-eby and made in good faith to secure indebtedness incurred in improving said land for the uses and purposes aforesaid. 8. The covenants, conditions and restrictions made by Grantee hereunder are hereby expressed to be for the benefit of the adjoining lots and are made expressly by Grantee to bind its successors and assigns in favor of Grantor and the owners of the adjoining lots and the respective 12 successors and assigns of Grantor and said owners, and are expressly intended to run with such land and each portion thereof. PLAZA CAMINO REAL, a limited partnership By: May Centers, Inc., Sole General Partner p.. B TOR 13 STATE OF MISSOURI GOUNW OF ) c^/ .Ap^y/^ • ^ ss, On /M./'^^^t/^4J^{.'ar' / 19^, before me, the undersigned,.a Notary Public,in and for said State, personally known to .me to be the lown—to—me—te^ :uted the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of PLAZA CAMINO REAL, a limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Public NOTARY PU:L;C, CIAT.: Cr MISSOURI MY CO:;:M:G3;ON t;{?iR!:3 8/14/34 ST. LOUIS COUNTY STATE OF MISSOURI COUNTY OF ss, On , 1978, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to 'me to be the and known to me to be of MAY CENTERS, INC., the corporation that executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of PLAZA CAMINO REAL, a limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. Notary Public