HomeMy WebLinkAboutCalifornia, State Of; 1993-04-08; Parks & Rec1 Recording Requested By:
2 City Clerk
City of Carlsbad
3 1200 Carlsbad Village Drive
Carlsbad, CA 92008
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When Recorded Mail To:
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City Clerk
6 City of Carlsbad
1200 Carlsbad .Village Drive
7 Carlsbad, CA 92008
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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 8th __ day of
APRIL , 1993, by and between the STATE OF CALIFORNIA, acting
16 by and through the D
17 and City of Carlsbad
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rector of General Services, hereinafter called "STATE",
hereinafter called "GRANTEE";
YLINESSETH:
21 That STATE, pursuant to the provisions of Section 14666 of the
22 Government Code of the State of California, does hereby grant unto GRANTEE an
23 easement for the construction and maintenance of an approximately
24 2,600-foot-long seawall, together with sidewalks, 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.
COURT PAPER OT,.TL 0, wLIco*wI* Sst,. 113 tR2”. 8.721
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1 This grant is made and accepted upon the following terms and
2 conditions:
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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 against the existence of any thereof.
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g : 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, indemnify, and defend State, its officers, agents, and employees,
l3 from any and all loss, damage, or liability which may be suffered or incurred
14 ! 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,
l6 except those arising out of the sole negligence of State.
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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.
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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
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 within one hundred eighty (180) days after written notice from STATE of
27 such determination by STATE and demand for removal and relocation of said
COURT PAPER ST,,L 0, CALIFORNIA STll 113 FREY. 8.72)
65 34769 2
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1 /I improvements, GRANTEE shall remove and relocate sa,id improvements to a
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2 I feasible location on the property of the STATE, and STATE shall furnish
3 GRANTEE with a good and sufficient similar easement for said improvements in
4 such new location, and GRANTEE thereupon shall reconvey to STATE the easement
5 herein granted.
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5. This agreement and the rights and privileges herein given GRANTEE
1 terminate in the event that GRANTEE shall fail for a continuous period
ighteen (18) months to utilize the rights and privileges herein granted.
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11 '/ 6. In the event of the termination of this agreement GRANTEE shall, at
I2 Ii GRANTEE's own expense, when requested in writing to do so by STATE, remove all
13 property and equipment placed by or for GRANTEE upon the said premises, and
14,, restore said premises as nearly as possible to the same state and condition
15' they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE I'
16 j shall fail so to do within sixty (60) days after the aforesaid request is
I7j! given, STATE may do so, all at the cost and expense of GRANTEE to be paid by
18 /j GRANTEE on demand. '!
19 j; /! 20 /I Upon termination of the rights herein granted, GRANTEE shall execute
21ii and deliver to STATE within thirty (30) days, a good and sufficient quitclaim
22 j/ deed to the rights arising hereunder.
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24 ,i 7. This agreement shall not, nor shall any interest therein or
25;/ thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANTEE
26 !I whether voluntarily or involuntarily or by operation of law, nor shall GRANTEE
27 '/ let or sublet, or grant any licenses or permits with respect to the use and
CO JRT PAPER STATr OF CALtlOlNlA ;,
wt. 113 ~REV. 8.721 ii
65 34769 // 4
1 ,I occupancy of the said premises or any portion thereof, without the written
2 consent of STATE being first had and obtained.
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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.
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9 j 9. GRANTEE, in the exercise of the rights herein granted, shall at all
lo ' ; t imes comply with all applicable laws and lawful regulations, including such
11 / / rules and regulations for the State Park System now in effect or hereafter
12 '1 adopted. I
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14 : 10. GRANTEE shall assume full and complete responsibility for any and
15 j all repair and maintenance, including graffiti removal, to be performed or
16. needing to be performed and shall pay for all costs 1nvo)ving both labor and
17 materials incurred while performing either repair and/or maintenance on the
18 seawall, sidewalks, stairways, ramps, benches, waste receptacles, and
19 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 I repairs and/or maintenance' to be done and bill GRANTEE for the incurred
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22 ,j costs. GRANTEE agrees to promptly reimburse STATE for such costs.
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COURT PAPER sr,.Tr. OF CAU?DRNIA sn,. 113 IRE”. 8.721
a5 34769
1 IN WITNESS WHEREOF, the parties have executed this instrument upon
ing. 2 the date first hereinabove appear
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4 GRANTEE
CITY OF CARLSBAD 5
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COURT PAPER ST,Tc 0, cALl,O”Nl* STI,. 113 ,I)LY. 6.721
a5 34769
STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICES
BY
APPROVED
Department of Parks and Retreat ion
BY
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1 ,j EXHIBIT "A"
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.'That portion of Lot "HI' of Ranch0 Agua Hedionda, in the City of Carlsbad,
3 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,
4 November 16, 1896, described as follows:
5 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
6 Recorder;
7 Thence along the Northerly line of said Lot "H", South 78oO0'15" East,
92.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in
8 width (formerly U.S. Highway 101);
g Thence along said centerline as shown on said record of Survey Map No. 1806,
; South 36o50'05" East, 285.30 feet;
10 Thence leaving said centerline South 53009'55" West, 50.00 feet to the
11 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
12 lands granted to the State of California per Deed No. 90-009473;
13 Thence along the Northwesterly line of said Parcel 1, -- South 53009'55" West, 57.00 feet;
14 Thence South 36o50'05" East, 391.75 feet;
15 Thence North 53oO9'55" East, 40.00 feet to the
16 4,933.OO foot radius curve concave Southwester
of said curve bears South 53009'55" West; 17
beginning of a n0ntangen.t
ly, a radial line to the center
-. Thence Southerly along the arc of said curve through a central angle of
18 04o25'33", a distance of 381.05 feet;
19. Thence South 57035'28" West, 18.00 feet to the beginning of a' nontangent
4,915.OO foot radius curve concave Southwesterly, a radi'al line to the center
20 of said curve bears South 57035'28" West;
21 Thence Southerly along the arc of said curve through a central angle of
Olo53'27", a distance of 162.20 feet;
22 Thence North 59028'55" East, 18.00 feet to the beginning of a nontangent
23 4,933.OO foot radius curve concave Southwesterly, a radial line to the center
of said curve bears South 59028'55" West;
24 Thence Southerly along the arc of said curve through a central angle of
25 02007'12", a distance of 182.53 feet;
26 I Thence South 61036'07" West, 8.00 feet to the beginning of a nontangent
4,925.OO foot radius curve concave Southwesterly, a radial line to the center
27 ! of said curve bears South 61036'07" West; /
CO J RT PAPER I DTITL Q, cALICO”III* ! STC,. 113 (RI?“. E-721 !
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1:~ Thence Southerly along the arc of said curve through a central angle of
OOoSS'OO", a distance of 78.79 feet;
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Thence North 62031'07" East, 8.00 feet to the beginning of a nontangent
3 4,933.OO foot radius curve concave Southwesterly, a radial litie to the center
of said curve bears South 62031'07" West;
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Thence Southerly along the arc of said curve through a central angle of 5 02o24'31", 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;
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 24039'35" East, 133.76 feet;
Thence North 65o20'25" East, 18.00 feet;
Thence South 24039'35" East, 215.00 feet;
Thence South 65020'25" West, 8.00 feet;
Thence South 24039'35" East, 80.00 feet;
Thence North 65020'25" East, 8.00 feet;
Thence South 24039'35" East, 220.00 feet;
Thence South 65020'25" West, 18.00 feet;
Thence South 24039'35" East, 170.00 feet;
Thence North 65020'25" East, 18.00 feet;
Thence South 24039'35" East, 340.24 feet, to the Southerly line of Parcel 2
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;
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Thence along said Southwesterly line North 24039'35" West, 1,159.OO feet to
23 the beginnlng of a tangent 4,950.OO foot radius curve concave Southwesterly;
24 Thence Northerly along the arc of sa1.d curve through a central angle of
12o?O'30", a distance of 1,051.85 feet;
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Thence tangent to said curve North 36o50'05" West, 391.75 feet to the True 26 Point of Beginning.
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COURT PAPER 07, TL 0. WLICO”NI~ Ssr,. 113 IRE”. 8.721
65 34769
April 12, 1993
Mr. Carleton H. Greenwood Land Agent State of California Department of Parks and Recreation P. 0. Box 942896 Sacramento, CA 94296-0001
Dear Mr. Greenwood:
RF,: Agreement granting an Easement for Future Seawall Construction
The Carlsbad City Council, at its meeting of April 6, 1993, adopted Resolution No. 93-73, approving an Agreement with the State of California granting an Easement for Future Seawall Construction.
Enclosed please find the signed original and three copies with original signatures for processing by your agency. Also enclosed are four certified copies of Resolution No. 93-73.
It is requested that a fully-executed agreement be returned to this office for our files.
&a CMC Assistait City blerk
KRK:ijp
Enclosures
1200 Carisbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 CB
\r. aITE IT -. DON’T SAY . t-!
Date April 14 19 93
To File
From Isabelle/Karen
Cl Reply Wanted
q No Reply Necessary
When a fully-executed copy of the agreement has been received from the State of California, the document has to be recorded.
If it has already been recorded, disregard this memo.
When fully-executed copy has been recorded, send a copy to Pat Entezari in Engineering.
l RINTLD IN “I#