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HomeMy WebLinkAboutCalifornia, State Of; 1956-10-19; Parks & Rec1 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 29 30 31 CARMBAD I38ACI-I STATE PARK STORM DRAB4 PII;RHIT A~~~~~ (Under Section 5003 of the Public Resources Code) CITY OF CARLSBAI) -’ ~ For the consideration and upon and subject to the ~ t erms, covenants and conditions hereinafter set forth, the State of California, hereinafter called Wtate", acting by and through the State Park Conmission, and pursuant to the authority contained Pn Section 5003 of the Public Resources Code of the State of California, does hereby grant to the City of Carlsbad, a municipal corporation of the State of California, hereinafter called "City", a permit to enter in, on, under and through that certain real property in Carlsbad Beach State Park, as shown on Exhibit WAn, hereto attached, and by this reference made a part hereof, for the purpose of constructing, reconstructing, main- taining, operating, repairing: therein and thereunder, a storm drain pipe for use in discharging surface waters from State park and other properties, for the purpose of preventing erosion of State park properties by said surface waters. It has been found and determined by the State Park Commission that the care and protection of State park properties requires that said storm drain be permanent, and that said .--_ structure is of a nature that may reasonably be permanently located and will not interfere with the development of the State park. Said permit is granted upon and subject to the terms, covenants and conditions hereinafter set forth, which City, by : 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 29 30 31 the acceptance of this instrument, agrees to eomp3y wiCh and perform, to wit: 1. Upon the execution and delivery of this permit, City shall have the right to enter into and upon the above mentioned State park property and to commence the construction therekn and thereunder of said above mentioned storm drain, upon and subject to such reasonabhe rewlations as may be prescribed by State for the prosecution of such work, and City shall prosecute diligently to completion any and all work of construction which may be commenced hereunder. 2. Cfty shall at all times keep and maintain said storm drain to be constructed hereunder, fn good repair, 3. City shall have the right of free access to said storm drain and over existing roads under the jurisdiction and control of the State, at all times &en necessary for any or all of ths purposes hereinabove provided, subject to such reasonable regulations as may be prescribed by State. 4. The storm drain shall consfst of a 12* pipe installed in a 14" steel casing and said pipe shall be installed to a point where it will carry the water to the level of the beach and in such manner that it will be kept covered from view by the natural terrain, except for the lower three or four feet. 5. That at the present time the pipe need not be carried out to the mean high tide fine, but it is understood that if and when the conditions of runoff are such as to 1 cause erosion of unsatisfactory conditions to or on the beach, 2 the City till continue the pipe to mean high tide line and 3 that the installation shall be of such a nature that no 4 hazardous conditions will exist to endanger beach users. 6, That the installation be made In a neat and work- 7 manlike manner and the contours of the bank or beach be re- 8 turned to the natural. condition or the condition tiich existed 9 at the time of installation, 10 11 7. This agreement is not intended ta and shall not 12 be construed to decrease or interfere with any duty right or 13 power which State may have in connection with the property 14 involved herein, except as otherwise herein agreed upon. 17 18 IM KITNESS Wi-BRROF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorised this 19th day of October, 1956, 19 20 21 22 23 24 25 26 27 28 29 30 31 STATE OF CALU'ORRXA, Acting by and through its State Park Commission ATTEST: L . APPRyY-)W Director of Natural Resources ClTY OF CARLSBAD Bs &2fil&z- By =iQ+--- II .~.~ -.. -_ -L __ -. r- ) . . . . .-’ 100 feet of 14" 8 Carlsbad Boulevard app ThSs ~111 take oare of fLmatf3ly 100 feet east out into State Park pr wall will be jaoked beneath eet below the paved area,, oh whll extend from approx- levard through the pipe and We will see that he spXU will. not neoessaWl.y erode the oliff at that polnt, This 4 the only method of elllmlnatlng a very son- sidesable pool. whioh has existed in this Uw area every winter since Walnut Street was put In, approximately 25 to 30 years ago, Thanking you, I remain Very truly yours, C. A, Anthony, D%.reotor of Publie IJorks CITY OF CARLSBAD Site Plan Carlsbad Beach State Park August 28, 1956 EXHIBIT "A" Park Commission Chirmrw Joseph R. Knowland O.kl.nd Robert E. Burns Stockha Leo Carrillo Smh Monicr Charles Kascb Vkid Guilford Ii. Whitney sm Dicgo Goodwin J. Knigbt GOVHWX of Cdifornia DeWitt Nelson Dircrtor Natural Rcrwrcer Newton B. Drury Cbirf Division of Lhrh mad Parks STATE OF CALIFORNIA . DEPARTMENT OF NATURAL RESOURCES DIVISION OF BEACHES AND PARKS 721 CAPITOL AVENUE . SACRAMENTO 14 December 28, 1956 Mr. C. A. Anthony Director of Public Works City of Car,lsbad Carlsbad, California Dear Mr. Anthony: Carlsbad Beach State Park Storm Drain Permit Agreement Pursuant to your request for a permit to construct and maintain a storm drain pipe in, on and under a certain portion of Carlsbad Beach State Park, we are enclosing six (6) copies of a storm drain permit agreement. The State Park Commission at its meeting of October 19 1956, authorized the execution of this agreement and Ff! the agreement in its present form meets with your approval, it is requested that all copies be executed by the City of Carlsbad and returned to this office for execution by the State of California. Upon completion of the execution, a fully executed copy will be forwarded to you immediately. Sincerely yours, pervising Land Title Examiner JLM:COK:bm Encls. . . -\ Park Commission Chtirm#U Joseph R. Knowlard Oaklnnd Robert E. Burns Sfockton Leo Carrillo Smtn Mo*iccr Cbarles Kascb Vkhb Guilford H. Wbftney San Dirgo STATE OF CALIFORNIA . DEPARTMENT OF NATURAL ’ Goodw& J. Knight G0WVff0r of California DeWitt Nelson Director Natwd Rermrrcer Newton B. Drury Cbirf Division of Bercbrr ord Psrks RESOURCES DIVISION OF BEACHES AND PARKS 7 2 1 CAPITOL AVENUE . SACRAMENTO 14 February 28, 1957 Mr. Herbert E, Nelson City Manager City of Carlsbad Carlsbad, California Dear Mr. Nelson: Carlsbad Beach State Park Storm Drain Permit Agreement City of Carlsbad Enclosed herewith is your copy of the storm drain permit agreement entered into between the City of Carlsbad and the State of California, covering a portion of Carlsbad Beach State Park. Sincerely yours, JLTvi:COK:bm Encl.