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HomeMy WebLinkAboutCalifornia, State Of; 1992-09-23; Parks & Rec. . 4 . .J I‘ . . 4 r . 4 E E ‘i e s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 COURT PAPER STITC OF CALIFORNIA 5TD. 113 CREY. 8.72) a5 34769 Recording Requested By City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 When Recorded Mail To: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Space above for Recorder's Use- ___-.-- TR 90 171-E CARLSBAD STATE BEACH AGREEMENT AND GRANT OF EASEMENT THIS AGREEMENT made and entered into this day of 9 19-9 by and between the STATE OF CALIFORNIA, acting )y and through the Director of General Services, hereinafter called "STATE", ind City of Carlsbad, hereinafter called "GRANTEE"; WILNESSETH: That STATE, pursuant to the provisions of Section 14666 of the iovernment Code of the State of California, does hereby grant unto GRANTEE an !asement for the construction and maintenance of an approximately !,600-foot-long seawall, together with sidewalks, stairways, ramps, benches, raste receptacles, and appurtenant facilities on that certain real property adjacent to Carlsbad Boulevard in the City of Carlsbad within Carlsbad State leach as described on Exhibit A attached hereto and made a part hereof. j ._’ 1 This grant is made and accepted upon the following terms and 2 conditions: 3 4 1. This grant is subject to all valid and existing contracts, leases, 5 licenses, encumbrances, and claims of title which may affect said property and 6 the use of the word "grant" hereit, shall not be construed as a covenant 7 against the existence of any thereof. 8 9 2. GRANTEE hereby waives all claims and recourse against the STATE 10 including the right to contribution for loss or damage to persons or property 11 arising from, growing out of, or in any way connected with or incident to this 12 agreement except claims arising from the concurrent or sole negligence of 13 STATE, its officers, agents, and employees. GRANTEE shall indemnify, hold harmless, and defend STATE, its 16 officers, agents, and employees against any and all claims, demands, damages, 17 costs, expenses, or liability costs arising out of the acquisition, 18 development, construction, operation, or maintenance of the property described 19 herein which claims, demands, or causes of action arise under Government Code 20 Section 895.2 or otherwise, except for liability arising out of the concurrent 21 I/ or sole negligence of STATE, its officers, agents, or employees. 22 23 In the event STATE is named as codefendant under the provisions of 24 the Government Code Section 895 et seq., GRANTEE shall notify STATE of such 25 fact and shall represent STATE in such legal action unless STATE undertakes to 26 represent itself as codefendant in such legal action, in which event STATE 27 II shall bear its own litigation costs, expenses, and attorney's fees. COURT PAPER STATE OF CALIFORNIA STD. 113 IRE”. (1.72) 2 85 34769 II .- r ‘, *. j’ * 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 COURT PAPER STATE OF c*LICoRNI* STD 113 IRE”. 8.7PI 85 34x9 In the event judgment is entered against STATE and GRANTEE because of concurrent negligence of STATE and GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 3. STATE expressly reserves the right to the use of said property in any manner, provided such use does not unreasonably interfere with the use of the easement herein granted. 4. STATE expressly reserves the right to require GRANTEE, at the expense of STATE to remove and relocate all improvements placed by GRANTEE within the easement upon determination by STATE that said improvements interfere with the future development of STATE's property. GRANTEE agrees that within one hundred eighty (180) days after written notice from STATE of such determinationby STATE and demand for removal and relocation of said improvements, GRANTEE shall remove and relocate said improvements to a feasible location on the property of the STATE, and STATE shall furnish GRANTEE with a good and sufficient similar easement for said improvements in such new location, and GRANTEE thereupon shall reconvey to STATE the easement herein granted. 5. This agreement and the rights and privileges herein given GRANTEE shall terminate in the event that GRANTEE shall fail for a continuous period of eighteen (18) months to utilize the rights and privileges herein granted. --- --- 3 .- . ‘I -. j.” 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 COURT PAPER STATI? OF cALIFORNI* STD. 113 (REV. 0.721 65 3476‘2 6. In the event of the termination of this agreement GRANTEE shall, at GRANTEE's own expense, when requested in writing to do so by STATE, remove all property and equipment placed by or for GRANTEE upon the said premises, and restore said premises as nearly as possible to the same state and condition they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE shall fail soit do within sixty (60) days after the aforesaid request is given, STATE may do so, all at the cost and expense of GRANTEE to be paid by GRANTEE on demand. . Upon termination of the rights herein granted, GRANTEE shall execute and deliver to STATE within thirty (30) days, a good and sufficient quitclaim deed to the rights arising hereunder. 7. This agreement shall not, nor shall any interest therein or thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANTEE whether voluntarily or involuntarily or by operation of law, nor shall GRANTEE let or sublet, or grant any licenses or permits with respect to the use and occupancy of the said premises or any portion thereof, without the written consent of STATE being first had and obtained. 8. No less than 60 calendar days prior to the commencement of any construction, excepting emergency repairs, pursuant to this easement, GRANTEE shall submit to STATE the working drawings of the proposed improvements and sha71 in hand have the written approval from STATE for said drawings. 9. GRANTEE, in the exercise of the rights herein granted, shall at all times comply with a71 applicable laws and lawful regulations, including such 4 c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 d 19 20 21 22 23 24 25 26 27 QURT PAPER ,ATC OF tALlFOAHI* ,D 113 ,RE”. 8.72) i 34769 rules and regulations for the State Park System now in effect or hereafter adopted. 10. GRANTEE shall assume full and complete responsibility for any and all repair and maintenance, including graffiti removal, to be performed or needing to be performed and shall pay for all costs involving both labor and materials incurred while performing either repair and/or maintenance on the seawall, sidewalks, stairways, ramps, benches, waste receptacles, and appurtenant facilities. If GRANTEE fails to do so, STATE may, upon giving GRANTEE thirty (30) days' written notice of its intent to do so, cause said repairs and/or maintenance to be done and bill GRANTEE for the incurred costs. GRANTEE agrees to promptly reimburse STATE for such costs. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first hereinabove appearing. GRANTEE CITY OF CARLSBAD BY BY APPROVED Department of Parks and Recreation BY G-1707Q STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES RV -. . EXHIBIT “A” That portion of Lot "H" of Ranch0 Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, November 16, 1896, described as follows: ! Commencing at Corner No. 1 of said Ranch0 Agua Hedionda, as shown on record of Survey Map No. 1806, filed April 30, 1948 in the Office of said County Recorder; Thence along the Northerly line of said Lot "H", South 78000'15" East, 92.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in width (formerly U.S. Highway 101); Thence along said centerline as shown on said record of Survey Map No. 1806, South 36o50'05" East, 285.30 feet; Thence leaving said centerline South 53OO9'55" West, 50.00 feet to the Southwesterly line of said Carlsbad Boulevard and the True Point of Beginning, said Point of Beginning being the most Northerly corner of Parcel 1 of the lands granted to the State of California per Deed No. 90-009473; Thence along the Northwesterly line of said Parcel 1, South 53009'55" West, 57.00 feet; Thence South 36050'05" East, 391.75 feet; Thence North 53OO9'55" East, 40.00 feet to the beginning of a nontangent 4,933.OO foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 53009'55" West; Thence Southerly along the arc of said curve through a central angle of 04o25'33", a distance of 387.05 feet; Thence South 57035'28" West, 18.00 feet to the beginning of a nontangent 4,915.OO foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 57035'28" West; Thence Southerly along the arc of said curve through a central angle of Olo53'27", a distance of 162.20 feet; Thence North 59O28'55" East, 18.00 feet to the beginning of a nontangent 4,933.OO foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 59028'55" West; Thence Southerly along the arc of said curve through a central angle of 02oO7'12", a distance of 182.53 feet; Thence South 61o36'07? West, 8.00 feet to the beginning of a nontangent 4,925.OO foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 61036'07" West; 6 Thence Southerly along the arc of said curve through a central angle of 00055'00", a distance of 78.79 feet; Thence North 62O31'07" East, 8.00 feet to the beginning of a nontangent 4,933.OO foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 62O31'07" West; Thence Southerly along the arc of said curve through a central angle of 02024'31", a distance of 207.37 feet; Thence South 64O55'38" West, 18.00 feet to the beginning of a nontangent 4,975.OO foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 64O55'38" West; Thence Southerly along the arc of said curve through a central angle of OOo24'47", a distance of 35.43 feet; Thence tangent to said curve South 24O39'35" East, 133.76 feet; Thence North 65020'25" East, 18.00 feet; Thence South 24039'35" East, 215.00 feet; Thence South 65O20'25" West, 8.00 feet; Thence South 24O39'35" East, 80.00 feet; Thence North 65020'25" East, 8.00 feet; Thence South 24O39'35" East, 220.00 feet; Thence South 65O20'25" West, 18.00 feet; Thence South 24O39'35" East, 170.00 feet; Thence North 65O20'25" East, 18.00 feet; Thence South 24O39'35" East, 340.24 feet, to the Southerly line of Parcel 2 as described in said Deed No. 90-009473; Thence along said Southerly line, North 65020'25" East, 17.00 feet to a point lying on the Southwesterly line of Carlsbad Boulevard; Thence along said Southwesterly line North 24039'35" West, 1,159.OO feet to the beginning of a tangent 4,950.OO foot radius curve concave Southwesterly; ;Tg;;e3;ortherly along the arc of said curve through a central angle of I ", a distance of 1,051.85 feet; Thence tangent to said curve North 36O50'05" West, 391.75 feet to the True Point of Beginning. G-17074 -’ 1 ., ‘. . .c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 rules and regulations for the State Park System now in effect or hereafter adopted. 10. GRANTEE shall assume full and complete responsibility for any and al7 repair and maintenance, including graffiti removal, to be performed or needing to be performed and shall pay for all costs involving both labor and materials incurred while performing either repair and/or maintenance on the seawall, sidewalks, stairways, ramps, benches, waste receptacles, and appurtenant facilities. If GRANTEE fails to do so, STATE may, upon giving GRANTEE thirty (30) days' written notice of its intent to do so, cause said repairs and/or maintenance to be done and bill GRANTEE for the incurred costs. GRANTEE agrees to promptly reimburse STATE for such costs. IN WITNESS WHEREOF, the parties have executed this instrument upon the date first hereinabove appearing. STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On September 23, 1992 before me the undersigned, a Notary Public in and for said State,'personally appeared Claude A. Lewis and Aletha L. Rautenkranz known to me to be the Mayor and City Clerk f the City of Carlsbad a Municipal Corporation of the State of California, Enown to me to be the person who executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same. WITNESS my hand the official seal. Cl -F CARLSBAD - AGENr Q&BILL RECOMMENDED ACTION: ADOPT Resolution No. 93- 3,7 enproving a maintenance and operating agreement and grant of easement from the State of Caii;Qrnia, Department of Parks and Recreation, acting by and through the State, of California, Department of General Services, to facilitate the future construction of the Carlsbad Boulevard Shore Protection Project, Project No. 3307. ITEM EXPLANATION On September 1, 1992, the City Council adopted Resolution No. 92-273 approving an agreement Ifornia, Department of Parks and Recreation, acting through the State of California, Department of General Services, granting the City of Carlsbad an easement required for the future construction of the Carlsbad Boulevard Shore Protection Project. The final agreement was the result of several months of negotiations between the City and the State concerning several contentious issues contained within the terms of the State’s draft of the agreement. This future project will install a seawall along the west side of Carlsbad Boulevard between the two (2) SDG&E jetties as a method of permanently protecting the highway from damaging winter storms. The location of the seawall structure is on State owned property paralleling City property necessitating this maintenance and operating agreement and grant of easement from the State to the City. Even though the State of California, Department of General Services drafted the final agreement which was subsequently reviewed and approved by the City Council last September, the State has now requested language changes in one section of the agreement .regarding the indemnity provisions. The modified language involves the issues of the burden of proof for establishing indemnity and the State’s reservation of the right to use the easement itself in a manner not inconsistent with the City’s use. The City Attorney’s office has reviewed the proposed language changes in this particular provision of the agreement, and along with Community Development Department staff, recommends its approval. Both Community Development Department staff and the City Attorney’s Office wish to point out one conflicting provision in the agreement, the terms of which the State has insisted remain in the final version. Section 4 of the agreement reserves the State’s right to require the City, at the State’s expense, to relocate the facility on other State property if the State later determines the City facility interferes with the State’s future development and use of the property upon which the seawall is located. However, Section 6 of the agreement requires that, in the event of termination of the agreement, the City shall remove the complete facility at the expense of the city and restore the property to the same condition it was prior to the facility’s construction. Failure to do so within sixty (60) days of receipt of written notice by the City shall give the State the right to accomplish the removal of the facility itself at City expense. After lengthy conversations with State representatives, the State insists this language remain in the agreement. Both the City Attorney’s Office and Community Development Department staff have considered at length this apparent conflicting language in the agreement and its potential risk to the City. It has been determined that although it is theoretically possible for the State to terminate the agreement, presumably for good cause, and direct the City to remove the seawall facility at City expense, the very practical and highly probable situation is that the State will never invoke this ‘j ‘y: *, 4 .i- ; i. .’ : . 1 2 3 4 5 6 7 8 C ., 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 CY It 1993-0416832 'Recording Requested By: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 30-JW-195'3 .09=48 f"~ OFFICIRL RECORDS SBN DIEGO COUNTY RECORDER’S OFFICE BNNETTE EVANS, COUNTY RECORDER SO36 FEES: 0.00 When Recorded Mail To: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 ---Space above for Recorder's Use...-_-.-..-... TR 90 171-E ~CARLSBAD STATE BEACH AGREEMENT AND GRANT OF EASEMENT THJS AGREEMENT made and entered into thls 8th ----- day OF --.---APRIL , 1943, by and between the STATE OF CALIFORNIA, acting by and through .the Director of General Services, hereinafter called "STATE", and City of Carl$bad, hereinafter called "GRANTEE"; NITflESSEIli: That STATE, pursuant to the provisions of Section 14GGG of tile Government Code of the State of California, does hereby grant unto GRANTEE an easement for the construction and maintenance of an approximately 2,600-foot-long seawall, together with sidew'alks, stairways, ramps, benches, . 25 waste receptacles, and appurtenant facilities on that certain real property 26 adjacent to Carlsbad Boulevard in the City of Carlsbad within Carlsbad State 27 Beach as described on Exhibit A attached hereto and made a part hereof. LlRT PAPER TL OF CALICORN,A b. 113 (REV. 8.72) 34769 so37 1 This grant is made and accepted upon the following terms and 2 conditions: 3 . . 4 1. This grant is subject to all valid and existing contracts, leases, 5 licenses, encumbrances, and claims of title which may affect said property and 6 the use of the word "grant" herein shall not be construed as a covenant 7 I against the existence of any thereof. 8 II 9 2. GRANTEE waives all claims against State, its officers, agents, and 10 employees, for loss or damage caused by, arising out of, or in any way 11 connected with the exercise of this Easement, and Grantee agrees to save 12 harmless, indemnlfy, and defend State, its officers, agents, and employees, l3 from any and all loss, damage, or liability which may be suffered or incurred I.* by State, its officers, agents, and employees caused by, arising out of, or in l5 any way connected with exercise by Grantee of the rights hereby granted, Is except those arising out of the sole negligence of State. /I 17 II 18 3. STATE expressly reserves the right to the use of said property in .lg any manner, provided such use does not unreasonably interfere with the use of 2o the easement herein granted. 21 22 4. STATE expressly reserves the right to require GRANTEE, at the 23 expense of STATE to remove and relocate all improvements placed by GRANTEE /I ,' 24 within the easement upon determination by STATE that said improvements '* 25 interfere with the future development of STATE's property. GRANTEE agrees 26 that withln one hundred eighty (180) days after written notice from STATE of 27 such determination by STATE and demand for removal and relocation of said DURT PAPER lATE OF C*l.IF-ORNIA TO. I13 IRE”. 0.721 , 34168 2 4 e E 7 8 s 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 -’ 25 26 27 let or sublet, or grant any licenses or permits with respect to the use and :OURT PAPER TIT-E OF CllLlFORNlli 4TD. I13 (REV. R.72) 15 34769 .lc)38 improvements, GRANTEE shall remove and relocate said Improvements to a feasible location on the property of the STATE, and STATE shall furnish GRANTEE.with a good and sufficient similar easement for said improvemetits in such new location, and GRANTEE thereupon shall reconvey to STATE the easement herein granted. 5. This agreement and the rights and privileges herein given GRANTEE shall terminate in the event that GRANTEE shall fail for a continuous period of eighteen (18) months to utilize the rights and privileges herein granted. 6. In the event of the termination of this agreement GRANTEE shall, at GRANTEE's own expense, when requested in writing to do so by STATE, remove all property and equipment placed by or for GRANTEE upon the said premises, and restore said premises as nearly as possible to the same state and condition they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE Shall fail so to do wfthln sixty (60) days after the aforesaid request is given, STATE may do so, all at the cost and expense of GRANTEE to be paid by GRANTEE on demand. Upon termination of the rights herein granted, GRANTEE shall execute snd deliver to STATE within thirty‘(30) days, a good and sufficient quitclaim jeed to the rights arising hereunder. . .* 7. This agreement shall not, nor shall any interest therein or thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANTEE &ether voluntar4ly or involuntarily or by operation of law, nor shall GRANTEE 3 ’ 1 occupancy of the said premises or any portion thereof, without the written 2 consent of STATE being first had and obtained. 3 4 8. NO less than 60 calendar days prior to the commencement of any 5 construction, excepting emergency repairs, pursuant to this easement, GRANTEE 6 shall submit to STATE the working drawings of the proposed improvements and 7 shall in hand have the written approval from STATE for said drawings. 8 9 9. GRANTEE, in the exercise of the rights herein granted, shall at all lo times comply with all applicable laws and lawful regulations, including such 11 12 13 14 15 rules and regulations for the State Park System now in effect or hereafter adopted. 10. GRANTEE shall assume full and complete responsibility for any and all repair and maintenance, including graffiti removal, to be performed or l6 needing to be performed and shall pay for all costs involving both labor and l7 materials incurred while performing either repair and/or maintenance on the 18 seawall, sidewalks, stairways, ramps, benches, waste receptacles, and lg appurtenant facilities. If GRANTEE fails to do so, STATE may, upon giving 2o GRANTEE thirty (30) days' written notice of its intent to do so, cause said 21 repairs and/or maintenance to be done and bill GRANTEE for the incurred 22 23 24 25 26 27 30URT PAPER SATE OF CALlFORNt* j*O. 113 IREV. 0.72) costs. GRANTEE agrees to promptly reimburse STATE for such costs. .* *. I . ‘. . , * 0 I* ‘9 *. 1’ * . 1 . 2 the date first hereinabove appearing. 3 4 5 6 7 8 9 10 11 L2 . . GRANTEE CITY OF CARLSBAO L 1 i , 1 2: 5 . . 2: 2f 3 G- T 2; COURT PAPER sT*TL oc cALIPa”HI* STD. 113 IRE”. 8.721 85 34789 . 1040 IN WITNESS WHEREOF, the parties have executed this instrument upon -1707Q STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES I APPROVED Department of Parks and Recreatiorl BY Slate of California county of Sacramento On May 263 19% before me, Darlene J. Leonhardt, Notary Public , DATE NAME, TITLE OF OFFICER _ E.G., “JANE DOE, NOTARY PUBLIC bersonally appeared Donald W. Murphy . NAME(S) OF SIGNER(S) I q personally known to me - OR - q proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. II SIGNATURE OF NOTARY CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No 5193 -’ OPTIONAL SECTION THIS CERTIFICATE MUST BE AllACHED TO [ TITLE OR TYPE OF DOCUMENT-&u&bad Agreement and Grant of~semerit THE DOCUMENT DESCRIBED AT RIGHT: , NUMBER OF PAGES 7 DATE OF DOCUMENT April 8, 1993 ’ Though the data requested here is not required by law, . CI~k.lCOfC\ ATUFR THAN NAM&&J& . - OPTIONAL SECTION - CAPACITY CLAIMED-BY SIGNER Though slatule does not reqbire Ihe Notary lo fill in the data below, doing so may prove invaluable to persons relying on lhe document. q INDIVIDUAL 0. CORPORATE OFFICER(S) TITLE(S) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) q GUARDIAN/CONSERVATOR cl OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(M) STATE OF CALIFORNIA ss. COUNTY OF SAC- On June 15 ,19 g3' -,before me, O.B. Ray III, a Notary Public personally appeared F. Warren Caldwell, Senior Real EstateOff' icf2r.OfficeofMIklz1te~anrf~~S~rviccs personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. m/J , 7-I &IQ NOTARY PUBLIC IN AND FOR THE-%TATE OF CALIFORNIA . . . . - _ - . . -. ._ _ ‘. : . . .‘, . . . ,,: ,d .’ * I ‘. + . ‘* ‘. . -*. . . . , *-. . . . . : I 1C 11 12 1: : 14 15 16 17 18 19 20 21 22 23 24 . *25 26 27 3URT PAPER &TIC OF CALIFOANIA D. ,I3 IRE”. 8.72, 34169 1 3 I . ? ( 1 b - J ( 1.. . ( _ * 1 , i i < I 1 i 1 1 C 1 C 1 4 C 1 0 T 4 0 T 0 T 4 0 EXHIBIT "A" IO42 That portion of Lot "H" of Ranch0 Agua Hedionda, County of San Diego, State of California, accord filed in the Office of the County Recorder of sa November 16, 1896, described as follows: in the City of Carlsbad, Ing to map -thereof No. 823, id County of San Diego, Commencing at Corner No. 1 of said Ranch0 Agua Hedionda, as shown on record of Survey Map No. 1806, filed April 30, 1948 in the Office of said County Recorder; Thence .along the Northerly line of said Lot "H", South 78OO0'15" East, 32.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in Jidth (formerly U.S. Highway 101); Thence along said centerline as shown on said record of Survey Map No. 1806, jouth 36O50'05" East, 285.30 feet; Thence leaving said centerline South 53009'55" West, 50.00 feet to the ;outhwesterly line of said Carlsbad Boulevard and the True Point ofBegjnnj.!!g, said Point of Beginning being the most Northerly corner of Parcel 1 of the lands granted to the State of California per Deed No. 90-009473; Thence along the Northwesterly line of said Parcel 1, ;outh 53009'55" West, 57.00 feet; ihence South 36050'05" East, 391.75 feet; [hence North 53009'55" East, 40.00 feet to the beglnnlng of a nontangent I,933.00 foot radius curve concave Southwesterly, a radial Tine to the ten If said curve bears South 53009'55" West; ter hence Southerly along the arc of said curve through a central angle of )4025'33", a distance of 381.05 feet; 'hence South 57035'28" West, 18.00 feet to the beginning of a nontangent 1,915.00 foot radius curve concave Southwesterly, a radial line to the center If said curve bears South 57035'28". West; 'hence Southerly along the arc of said curve through a central angle of llo53'27", a distance of 162.20 feet; 'hence North 59o28!55" East, 18.00 feet to the beginning of a nontangent ,933.OO foot radius curve concave Southwesterly, a radial line to the center !f said curve bears South 59028'55" West; # r hence Southerly along the arc of said curve through a central angle of 2oO7'12", a distance of 182.53'feet; hence South 61036'07" West, 8.00 feet to the beginning of a nontangent ,925.OO foot radius curve concave Southwesterly, a radial line to the center f said curve bears South Glo36'07" West; Sbte of’ California County of-Son DiePo I IO43 On April 13, 1993 before me, Karen R. Kundtz, Notary Public, DATE NAME, TITLE OF OFFICER. E.G.. ‘JANE DOE. NOTARY PUBLIC I ( personally appeared . Margaret Stanton & Aletha L. Rautenkranz , , ‘ NAME(S) OF SIGNER(S) j EJ personally known to me - OR - Cl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) -i&are subscribed to the within instrument and ac- knowledged to me that-h&he/they executed the same in fr%h-er/their authorized capacity(ies), and that by -h+sfher/their signature(s) on the instrument the person(s), orthe entity upon behalf ofwhich the person(s) acted, executed the instrument. / Witness my hand and official seal. CAPACITY CLAIMED BY SIGNER 0 INDIVIDUAL(S) f-J CORPORATE __ OFFICER(S) TIILE(S) q PARTNER(S) 0 ATTORNEY-IN-FACT q THUSTEE q SUBSCRIBING WITNESS /-J GUARDlANlCONSEFlVATOR glc OTHER: May~Proem-. . and City Clerk SIGNER IS REPRESENTING: NAME OF PEFISON(S) Ofl ENIIIY(IES) Cityofcarls4ad_ -..- -. _ ATTENTION NOTARY: Although the information tequesled below is OPTIONAL. il could prevenl%udulenl allachmenl of lhis cerlilicale lo unauthorired documonl. , THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT Title or Type of Document Carlsbad State Beach Agreement & Grmant.-&.J:;lseml Number of Pages 7 Date of Document April 8, 1993 ._ DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ---------_------_------------- - . - c . . . \ , *. .*. so44 I .’ _ ‘I . I_ 8 * I 1 Thence Southerly along the arc of said curve through a central angle of ooo55'00", a distance of 78.79 feet; 2 Thence North 62o31'07" East, 8.00 feet to the begfnnfng of a nontangent 3 4,933.OO foot radlus curve concave Southwesterly, a radial, line to the center of said curve bears South 62031'07" West; 4 Thence Southerly along the arc of said curve through a central angle of 5 02024'31", a distance of 207.37 feet; 6 Thence South 64055'38" West, 18.00 feet to the beginning of a nontangent 4,915.OO foot radius curve concave Southwesterly, a radial line to the center 7 of said curve bears South 64055'38" West; 8 Thence Southerly along the arc of said curve through a central anyle of 00024'47", a distance of 35.43 feet; 9 Thence tangent to said curve South 24039'35" East, 133.76 feet; 10 Thence North 65020'25" East, 18.00 feet; 11 Thence South 24039'35" East, 215.00 feet; 12 Thence South 65020'25" West, 8.00 feet; 13 Thence South 24039'35" East, 80.00 feet; 14 Thence North 65020'25" East, 8.00 feet; 15 Thence South 24039'35" East, 220.00 feet; 16 Thence South 65O20'25" West, 18.00 feet; 17 Thence South 24039'35" East, 170.00 feet; 18 Thence North 65020'25" East, 18.00 feet; 19 Thence South 24039'35" East, 340.24 feet, to the Southerly line of Parcel 2 20 as described in said Deed No. 90-009473; 21 Thence along said Southerly line, North 65020'25" East, 17.00 feet to a point lying on the Southwesterly line of Carlsbad Boulevard; 22 Thence al&g said Southwesterly line North 24039'35" West, 1,159.OO feet to 23 the beginning of a tangent 4,950.OO foot radlus curve concave Southwesterly; 24 Thence Northerly along the arc of said curve through a central angle of 12010'30", a distance of 1,051.85 feet; ..25 Thence tangent to said curve North 36050'05" West, 391.75 feet to the True 26 Point of Beginning. 27 G-1707Q 3URT PAPER ‘ATE OF CALlrORNlA ‘0. ,I3 (REV. 8.71) > 34769 . r . . I . . I . * * I * * ,. . ** ‘\ so45 . CtiRTIFI~ATION FOR ACCEPTANCE OF EASEf4E~l-l' . . . Tllis is to certify that the interest in real property -conveyed by. the 0 easenlent dated April 8, 1993 fro111 *he State of California, De.partment of General Services to Llle City of Carlsbad, California, a municipal corpornLioll, is hereby accepted by the City Council of tile City of CarIsl~arl, California pursukt to resolution fJ0. 93-73 . , adopted 011 April 6, 1993 I and tile grantee collserlks Ir.0 kllc recorclation tllereof by its duly autllorized officer. ,, DA’l’ED : June 28, 1993 By: ALETIIA L-. . .