HomeMy WebLinkAboutGrove Apartments Investment Co; 1980-01-17;c
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GRANT OF EASC>?ENT ASD AGREEIEPU'T
This Grant of Casement and Agreement is made as of .
cc I'f day of .-\A,b>L~ <,A:' , 1980, by and between GROVE
. APARTNENTS INVESTMENT CO., a general partnership (hereinafter
referred io as the "Grantor") , the CITY OF CARLSBAD (hereinaf:
referred to as the "Grantee") , and PLAZA CAXINO REAL, a Calif1
limited partnership (hereinafter referred to as "ECE") , with
reference to the following facts:
A. The Grantee as a condition of its approval of ti
map for Carisbad Tract No. CT 76-18 presented by PCR to Grante
pursuant to the Subdivision Map Act required the installation
PCR of a desiltation basin as ShGGJn on the drawing attached ht
as Exhibit A and more particularly dsscribed in Exhibit B atti
hexeto, both Exhibits being hereby incorporated by reference.
The parties acknowledge said draiincj is made with reference tc
the final map for said CT 76-18, depicting the site df the Pla
Camino Real shoppinl; center in Carlsbad, California, recorded
the Office of the County Recorder of the County of San Diega,
of Califoxnia on August 11, 1978.
3. The desiltation basin shown on Exhibit A and des
in Exhibit B will occupy land owned by Grantor.
NOb7, THEREFORE, the Grantor does hereby grant to the
Grantee the easement described below, to be held and exercised
* the Grantee far the term and on the other terns and conditions
provided be low.
1. Nature and Extent. The easement granted hereby
"Easement") shall be €or the Grantee or PCR to build, inspect,
maintain, repair and remove a desiltation basin and appurtensn
access road having the dimensions, confiqurations and location
on Exhibit A (the whole of such desiltation basin and appurteni
access road is hereinafter referred to as the "Desiltation Bas:
I* .e a
2. Term. The term of the Easemefit shall be frcm t
of recorc?ing hcrecf until the earlier of the fcllowing dates:
date, if zny, on which the existing 66-inch storm drain in Ma
Road is extended in a southerly direction, or the date, if an
which the drajnage of the slope area situated south of Marron
shall. have been diverted or drained or otherwise provided for
such Eanner that the Desiltation Easin is no lorqer required
the purpose of desilting such drainage.
3. CovenaEts of PCR- As an essential inducenent tl
Grantor, Kithout which this Grant of Easenent and Agreement w~
not be executed, PCR covenants with the Grantor as fcllows:
(a) PCR will cause the Desiltation Easin to be
constructed and installed in accordance with Exhibit A, with I
material and workrcanship, as-diligently as possible and in SUC
manner as to do as little damage as possible to the property c
Grantor during and after cofistruction, and PCR shall $0 all33
including but not limited to landscaping, necessary to cause f
corzpleted Desiltation Easin to intrzde as little as Fcssible I
the appearance of the Grantor's proFerty.
(b) PCR, at its expecse, shall maintain and rep
the Desiltation Basin so as to keep the Desiltation Basin in
substantially good condition an2 repair.
(c) During the term of the Easement PCR, at its
expense, shall do all things, including but not limited to fan
-and filling, necessary to repair danage to the property of Gra
including the appearance thereof, resulting from the installat
existence, niaintenance or repair of the Desiltation Basin.
(d) tipon expiration of the tern provided in Par
hereof, for whatever reason, including but not limited to acts
the Grantor, PCR, at its expense, shall promptly remove the
Desiltation Easin and the components thereof from the property
the Grantor and do all things, including filling, compaction ar
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landscaping, necessary to restore the ere2 occupied by the De
Basin to a condition and appearance ccmparable to the then co
and appearance of the adjacent property of Grantor.
(e) PCR shall defend, indeimify, protect and h
harmless the Grantor from and against any and all damage (whe
to person or property, including but not limited to the prope
the Grantor), cost, expense, loss, claiT?s, actions, proceedin
suits arising out of or based upon the constructioo, existenc
inspection, maintenance, repair or removal of the Desiltation
unless said darmge, cost, expense, loss, claims, actions, pro
and suits arise from the negligence of the Grantor or the Cra
or their exrployees, agents, or inlependent contractors.
IX WITNESS IvHEPSOF, the Grantor, Graritee and PCR ha
executed this Grant of Easement and P-greenent as of the day a
first above written.
GRANTOR : GRANTEE :
GROVE APARTMENTS INVESTANENT CO. : CITY OF CARLSEAD, a M
Corporation of the St California L.2Z-L
ernard Citron By: J.sq,-& OJV$-' - .. ,A
and qJ7/fqwY &
Harry J.L. Frank, (A1 so known as Harr ' Frank, Jr.) PLAZA CPAINO REAL, a limited partnership
By: MAY CENTERS, INC
/ ti Fred A. Bartr.an, Jr. 4 hic;zrh and TRUSTEE UNDER THE RESIDUXR'f TRPST
ESTABLISHED UKDER THE WILL OF
skistant See1
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WILLIAM Sf GARTb'AM, DECEASED By :
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; /--- //L L& and @,,*;.y? =4 Fred A. Bartnan, Jr'g
and EJ-~.H-,~> /c
General Partner
By : 6) &AL
,f;T' and TRUSTEES UNDER THE &iRITAL TRUST CSTABLISIIED UINDER THE MILL Or
WILLIAI-i S . BAF.TKAN, DECCASED . fl;A-r &d& ,,+ -.gt; --f- (./nU4&2
Fred A. Uartman, Jr./
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STATE CF CALIFORiiIA 1
COUNTY OF SAN DICGO )
On this 2 day of , in the year -, before rte the undersigned, a Notary Public in and for said State, personall
appeared , knokin to me to be the of the City of Carlsk municipal corporaticn of the State of California and known tc to be the person who executed the within instrument on behalf said r,unicipal corporation, and acknowledged to me that such of Carlsbad, California, executed the same.
WITXESS my hand and official seal.
ss.
APPROVED AS TO FORN:
Notary Public
STATE OF ~4-1 ?@.
COUNTY OF & .E?ezEE3 - ss.
On fd !a/ 1 qyb before me, the undersigned,
Notary Public in an6 for s%d State, personally appeared Will
M. Earding, known to me to be the President and
known tc me to be the Assistant Secretary of XAY CENTERS, INC
the corporation that executed the within instr
and known to me to be the persons who executed the within ins1
on behalf of sai6 corporation, said corporation being known tc
be one of‘the partners of PLAZA CAMINO RCAL, a limited partnc~
the partnership that executed the within instrument, and
acknowledged to ne that such corporation executed the same as
partner and that such partnership executed the same.
KITNESS my hand and cfficial seal.
& _____
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STATE OF CALIFOP.?IIA
COUNTY OF $J7 LfLG
On pLLL-y (3, 197' before me, the undersign
a Notary Public in and for said State, personally appear
Bernard Citron, Harry J. L. Frank, Jr. anc? Fred A. Eartn
known to me to be three of the partners of
Grove Apartrr.ents Investment Co.,
the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the sa'
OFFICIAL
MY CC:;.*:$j:DN EX?I~ES ,.:,e,;i!j
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WITNESS my hand and official seal.
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STATE OF CALIFORNIA
COUNTY OF J YG *' gfl de5 8 v- ' Web '1 1980 before me, the undersign6
a Notary Public in and for said State, personally appear<
On
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known to me to be 80 e of the partners of
' H. F. H., LTD.
the partnership'that executed the witin instrument, and
acknowledged to ne that such partnership executed the sal
WITKES my hand and official seal.
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STATE OF CALITOR'?IA
COUNTY OF 6 ayk
On $6~ I? t~~fi before rm, the undersign(
a Notary Public in and for said State, personally appeare
Fred A. Bartman, Jr.
known to me to be the person whose name is subscribed
to the within instrument and acknowledged that he
executed the same as Trustee Under the Residuary Trust
Established under the Will of William S. Bartm. Decease /* r: -2.
!Fitness my hand ar,d official seal.
i- 'JC1a.t~ O;r,<s &+9 pJwy LC: .thG::f$ cf-y- v I
- STATE OF CALIFORYIA
??:- -2dNTY OF dud+
On pW@ 17, lq60 before me, the undersigne
s. Wotary Public in and for said State, personally appeare
Fred A. Bartman, Jr.
known to me to be the person whose name is subscribed
to the within instrument and acknowledged that he
executed the same as Trustee Under the PIarital Trust
Established UnZer the Will of William S. Bartman, Decease
Witness my hand and official seal.
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LE GA L D ES C R I PT ION
A PKRCEL OF LAND SITUATE IN THE CITY OF CARLSRAD , COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA BEING A PORTION OF LOTS
TRACT KO. 1 ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE
OFFICE Of THE COUNTY RECORDER OF SAN DIEGO COUNTY AND
PORTIONS OF CAs@N STREET AS VACATED AND CLOSED TO PUBLIC
18, 22, 23, AND 24 OF HOSP EUCALYPTUS FOREST COMPANY'S
USE, BEING MOfiE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SO'JTHWEST CORNER OF LOT 29, CARLSBAD
7RACT NO. 76-18, MAP NO. 8956, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNT(, STATE OF CALIFORNIA,
ON AUGUST 11, 1978 , SAID POINT ALSO BEING IN THE NORTHERLY
ALONG SAID LINE ON A CdRVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 758.00 FEET, A WDIAL BEARING TWROUG!-I SAID POINT
OF SOUTH 3"12'22" EAST, THROUGH A CENTRAL ANGLE OF 12"22'54",
A dISTANCE OF 163.80 FEET; THENCE NCRW 74"2@44" EAST, 62.60
FEET; THENCE LEAVING SAID NORTHERLY LIPJE SOUTH 15"35'16" EAS
82.00 FEET TO THE SGUTHERLY LINE OF MARRON ROAD, SAID
POINT ALSO BEING TflE TFZUE POINT OF BEGINNING; THENCE LEAVING
SA!D SOUTHERLY LiNE SOUTH 15"35'16" EAST, 243.CO FEET; THENCE
SOUTH 31"35'16" EAST, 55-00 FE-ET; THENCE NORTH 58O24'44" EAST,
20.00 FEET; THENCE SZJTH 31O35'16" EAST, 103.00 FEET; THENCE
SOUTH 58"24'44" WEST, 22.00 FEET; THENCE SOUTH 74O24'44" WEST,
273.00 FEET; THENCE KS2TH 15"35'16" WEST, 116.00 FEET; THENCE
NORTH 37"35'16" WEST, 359.00 FEET; THENCE NORTH 43O16'29" EAST,
122.015 FEET TO THE SETEINBEFORE MENTIONED SOUTHERLY LINE
OF MARRON ROAD; -T-HZ?\!CE EASTERLY ALONG SAID LINE ON A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 840.00 FEET, A
RADIAL BEARING THROUGH SAID POINT OF SOUTH 4O50'16" EAST,
THROUGH A CENTRAL ANGLE OF 10°45'00", A DISTANCE OF 157.603 FEf
THENCE NORTH 74"24'44" EAST, 62.60 FEET TO THE TRUE POINT OF
LINE OF MARRON ROAD (a2 FOOT RIGHT-OF-WAY); THENCE EASTERL'
BEGINNiNG.
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by the Grant of Easement and Agreement dated January 17, 1980
from Grove Apartments Investment Co,, a general partnership, to
the City of Carlsbad, California, a political corporation and/or
governmental agency, is hereby accepted by the undersigned
officer or agent on behalf of the City Council of the City of
Carlsbad, California, pursuant to authority conferred by
Resolution No. 6099 of the City Council of the City of Carlsbad
adopted on blarch 4, 1980, and the grantee consents to the
recordation thereof by its duly authorized officer.
Dated: March 6, 1980
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RESOLUTION NO. 6399 @
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT OF EASENENT AND AGREEMENT FROI\I GROVE APARTMENTS I XVESTNENT COMPANY FOR
EROSION CONTROL PURPOSES
WHEREAS, Grove Apartments Investment Company has subm:
Grant of Easement and Agreement conveying an easement to the
of Carlsbad for erosion control purposes; said easement is or
in the Office of the City Clerk and is incorporated by refere
herein; and
WHEREAS, the City Council of the City of Carlsbad has
determined it to be in the public interest to accept said ea:
NOW, THEREFORE, BE IT RESOLVED by the City Council of
City of Carlsbad, as follows:
1. That the above recitations are true and correct.
2. That the Grant of Easement and Agreement conveying
an easement to the City‘of Carlsbad for erosion control purpo
is hereby accepted.
3, That the City Clerk is hereby authorized to cause
original easement to be recorded in the Office of the County
!Recorder of San Diego County, State of California, with the’
appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of t‘
9 19. Carlsbad City Council held on the 4th day of March
by the following vote, to wit:
Councilmen Packard, Skotnicki, Anear, Lewis and AYES:
Counci lwornan Casler
NOES: None
ABSENT: None /(ZL r &>&d/ FJ
RONALD C . I’ACKAIII), Mayor
ATTEST :
+4l5?2.44+ A ~1’liA L. I1AUl’ENK-ILAN , Ci tzlc ”5- a (SEAL)