HomeMy WebLinkAboutHunt Properties Inc; 1987-06-12;a 0
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AGREEMENT REGARDING
GRANT OF RIGHT-OF-WAY
This agreement ("Agreement") ' is made and entered int
this 9th day of Anril , 1987 by and between the City o
Carlsbad, a municipal corporation ("City") and Hunt Properties
Inc., a Delaware corporation doing business as HPI Developmen
Company ("HPI") on behalf of W. H. Hunt and N. B. Hunt ("Owners")
with reference to the following facts:
A. City desires to acquire from HPI certain propert
along La Costa Avenue and El Camino Real in connection with tk.
widening and improvement of portions of those streets by City.
B. HPI has offered to dedicate, or cause to be dedicated
certain real property of Owners (the "Dedicated Land") in connectic
with such improvement project by the City.
C. HPI has tendered to City four dedications, in tk
forms attached hereto as Exhibits ''I", "II", "III", and "IV,
respectively.
D. It is acknowledged that the dedication set forth i
Exhibit "11" would, when used by the City for its improvemer
program, result in the destruction by City of the only two drivewE
access points from El Camino Real to the offices of HPI current]
situated on property of Owners adjacent to such intersection, i
well as the destruction of a certain number of HPI's parking space:
NOW, THEREFORE, it is agreed as follows:
0 0
a.
1. City acknowledges that the tender of the dedicatio
set forth in Exhibits "I", "11" , "111" and I'IV" repsectivel:
satisfies that portion of Carlsbad Municipal Code Sectic
21.90.030(h) (2) (iv) relating to right-of-way for roads.
2. It is acknowledged that the dedication set forth
Exhibit "11" is specifically made so that City may implement th(
certain Improvement Plan for La Costa Avenue Intersection at
Camino Real, City Project 3215, Drawing No. 270-7 consisting I
sheets 1-8, as approved by City Engineer on April 23, 1986 (t
"Intersection Plans" revisions dated 12/11/86 and 2/9/87. Ci
agrees to construct the improvements as set forth in t
"Intersection Plans." As compensation for taking of the drivewa
and parking spaces referred to in Recital D, upon acceptance 1
the dedication set forth in Exhibit ''11" City hereby agrees
install and construct, at no expense to HPI or Owners, pavl
driveway access and parking spaces in the size and in substantial
the same locations as are set forth on the intersection plans. Ci
shall prepare detailed drawings necessary for actual constructio
consistent with the concept articulated herein, and which pla.
shall be subject to the approval of HPI (which approval HPI sha
not unreasonably withhold). City shall cause construction to :
performed substantially concurrent with its construction work I
the "Intersection Plans", and during such construction shall provil
means of temporary access for HPI to its subject offices so as nc
to deprive HPI of the reasonable uses of said offices. HPI a:
Owners shall grant any necessary license to City to allow entrant
upon the property of Owners sufficient for City to accomplish t:
-2-
0 e
I the construction required by this Agreement to its conclusion. Cii
shall indemnify and hold HPI and Owners, their agents, employee:
partners, trustees, beneficiaries and successors in intere:
harmless from any loss, expense (including without limitatic
attorneys' fees and court costs), cause of action, action (
judgement for claims or liens for (i) labor performed and materia.
used in connection with such construction, and (ii) injury .
persons or property arising therefrom, except to the extent thC
such injury results from the willful or negligent acts of HP
Owners or their agents, employees, partners, trustees, beneficiaric
and successors in interest.
3. Attached hereto as Exhibit "VI" and incorporatl
herein by reference are easement deeds for certain real proper
owned by Owners ("Mitigation Property") . Owners acknowledge tha
in connection with construction of the road improvements which a
subject of the dedications set forth in Exhibits I through I'
inclusive, pursuant to the City's Coastal Commission and othc
regulatory permits for such construction, it has been made
requirement thereof that certain mitigation work be undertaken '
City to offset encroachment of such street and road improvemen
into certain wetlands vegetation. Owners hereby deliver the
right-of-way easements to City so that City may perform a
subsequently maintain such mitigation work upon the land so grante
4. The burdens of the Agreement bind and the benefi
of the Agreement inure to the parties' successors in interest.
5. All notices required or provided for under th
Agreement shall be in writing and delivered in person or sent
-3-
e e
certified mail, postage prepaid. Notice shall be effective o
the date delivered in person or the date when the postal authoritie
indicate that the mailing was delivered to the address of th
receiving party indicated below:
TO CITY: City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Att:
TO DEVELOPER: HPI Development Company
7007 El Camino Real
Carlsbad, California 92009 Att: D.L. Clemens
A party may change its address by giving notice in writing to th
other party in the manner provded above.
7. This Agreement shall be construed in accordance wit
the law of the State of California. Should any action be brough
in any court of competent jurisdiction, the prevailing party i
such action shall be entitled to all attorneys' fees, court cost
and necessary disbursements in connection with such litigation.
IN WITNESS WHEREOF, this Agreement has been entered int
on the day and year first above written.
HUNT PROPERTIES, INC.
A Delaware corporation
his sole and separate pro
-4-
$ * T,'-fIr fNSTRUMEhT TO: e
* CJTY C~ERK
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE
a@
o- e-
EXHIBIT "A"
PARCEL A
Those portions of Lot 9, Lot 15, and the Southwest Quarter of the Southea
Quarter, all in Section 35, Township 12 South, Range 4 West, San Bernardi
Base and Meridian, in the County of San Diego, State of California accordii
to the official plat thereof approved October 25, 1875 lying within a strip
land 63 feet wide; the Easterly line of said strip being describcd as follows:
Commencing at the Northerly terminus of the centerline of that certain 90 fo
strip of land having a bearing of North 8°52'13" West as described in deed
the County of San Diego, recorded November 28, 1969 as FilelPage No. 2173
of Official Records, said point being the beginning of a tangent 2,985 fo
radius curve concave Westerly; thence Northerly along said curve through
central angle of 6O23'14" a distance of 332.76 feet to a point of intersectir
with the Southerly line of said Section 35, being the TRUE POINT (
BEGINNING; thence continuing along said 2,985 foot radius curve through
central angle of 9°11'40" a distance of 479.01 feet; thence tangent to sa
curve North 24O27'07" West 990.87 feet to the beginning of a tangent 3,4(
foot radius curve concave Easterly, thence Northerly along said cur\
through a central angle of 8O06'30" a distance of 481.15 feet to a point here
designated as "Point A"; thence continuing along said 3,400 foot radius cur\
through a central angle of 7O33'26" a distance of 448.45 feet: thence tangei
to said curve North 8°47'fl" West 433.00 feet more or less to the Norther
line of said Lot 15.
The Westerly sideline of said 63 foot strip of land shall be shortened to terrr
inate on the Southerly line of said Section 35 and shall be lengthened 1
terminate on the Northerly line of said Lot 15.
PARCEL B
Those portions of Lot 9, Section 35, Township 12 South, Range 4 West, Sa
Bernardino Base and Meridian, in the County of San Diego, State c
California according to the official plat thereof approved October 25, 187
lying within a strip of land 116 feet wide, 58 feet on each side of th
following described centerline:
Commencing at "Point A" described above, being the point of intersection o
the centerline of the 60 foot strip of land described in deed to the County o
San Diego recorded November 15, 1966 as Fiie/Page No, 180730 and the cen
terline of the 90 foot strip of land described in deed to the County of Sal
Diego recorded November 28, 1969 as FilelPage No. 217326, all of Offici?
Records, said point heing the TRUE POINT OF BEGINNING; thence Soutl
84°47'00" West 466.48 feet more or less to the Westerly boundary of said La
9.
ir B
The Northerly and Southerly sidelines of said strip of land shall be length
ened or shortened to terminate on the Westerly line of said Lot 9.
TOGETHER WITH:
Those portions of Cot 9 lying Westerly of the Westerly sideline of said 63 foo
strip of land and lying Northerly of the Northerly sideline of said 116 foo
strip of land and lying Southeasterly of a 30 foot radius curve, concavl
Northwesterly, said curve being tangent to both the Westerly sideline of saic
63 foot strip of land and the Northerly sideline of said 116 foot strip of land
and;
Those portions of Lot 9 lying Westerly of the Westerly sideline of said 63 foo
strip of land and lying Southerly of the Southerly sideline of said 116 foo
strip of land and lying Northeasterly of a 30 foot radius curve, concavc
Southwesterly, said curve being tangent to both the Westerly sideline of saic
63 foot strip of land and the Southerly sideline of said 116 foot strip of land.
Together with the privilege and right to extend drainage structures anc
excavation and embankment slopes 30 feet beyond the limits of the hereir
described right-of-way where required for the construction and maintenance
of said public highway.
All as shown for convenience sake on Exhibit "B",Sheets 1 and 2,attached
hereto and made J part hereto by this reference.
Dated thls 9 +i)
/
/I /'
4 A,' ./ / /
w. €1. Irnt
STATE OF TEXFS
County of sslss*
In snd for 'raid C Ounty 6nd Sbte, pWS0my apprred
personally known to me (or proved to me on the basis ol safisfitctory evidoncej I
the perron(,) whoso name(s) gsro subrctlbcd to tho within Instrument and ut1
to me that @&@e/thoy rxocutod tho smo,
Wltnerr my hand and offlclrl red.
On +? 5-1- -) / , 19 87 , beloto mo, tha undcrslgned, 8 No
N. B. Hunt and W. H. Hunt
7 A * /P /- +$&& e 4.. fSg'ttsry FU~IIC In snd for Bald County rnfitrte
/(< "- >""&
JEANNE M. LED- NDCU~ p~lh
'X the State of Texas
'dyf~ comrnlssion expires //-J+ 4 5
Thh h to CertlfY that tha Intorest In rod property conveyed by tho lorogolng ea
the CIfY Of Carhbad, 6 municlpal corparstlon Is hereby sccapted by the CItv C
wdd CltY Of Carlrbsd, Callfornla purrubnt to Resolullon NO. 9045 ad . and tho Grantee conJant3 to recotdatlon thoroof h-ylslf3-J;ly a 5vncrr.
May 5, 1987
I
Da tod BY
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I
WILLDAN ASSOCIATES SHEET 1 OF 2
CONSULTING ENGINEERS 8 PLANNER5 EXHIBIT "B" W 3613 CAMIN0 d* I10 S , SUIT€ 207 SAN MCGO. CA 92108 281 971
i
I 99
I
- --
3fZ-m NO. I
PROPOSED RIGHT OF WAY TO BE ACQUIRED
W1LLI)AN ASSOCIATES
I R 6926
SMET 2 OF 2
CONSULTING ENGJNEERS & PLANNERS W 3b33 CAMIHO dJ R10 5 SCIITE 207. SAN DltGO CA 92loI 281 9Yll
EXHIBIT "B"
I
- . .e.-.-. --. TWS .WRUMEN'T TO:
' . 'i*
c
CITY CLERK CITY OF CARLSAD
1200 ELM AVENUE CARLSBAD, CA 92008
NOTRANSFER TAX tXJ€
0
- Dated thh 4th
L
/’ / ,/& -// 1
STATE OF TEXAS
On /$$ ,,;< 17 , 19 87 , beforo me, tho undcrrlgned, a Nota
In and rOr Sbld County and State, pOrlOxy apwared
personally known to me [or proved €0 me on the bash of satisfactory evldencej to
the person(s) whoso nsrnm(9) Ware subscribed to tho wlthln Instrument and ackr
to ma that mthoy oxrcute= tho sbm.
Wltness my hand and offlclsl real.
County of I -*-1-*
N. B. Hunt and
W. H. €bt
-
i’ gt < ?3?7,l /$ /i&&&/
Rbtary f - 1
a/
JfANNEW.Lnl8mER mbw
for the State of Texas //-- jy -f8 ,. C^ n “?,?OS - -
Thl* Ia to certify that tho Intore3t In rod property conveyed by the forogolng 08s
the CltY Of CarlJblrd, 8 munfclprl corporatton Ir hereby accepted by the City cf
5dd CltY Of Catlrbsd, Catlfornlr pur3usnt to Rerolutlon No, 9045
rnd tho Grantee consent, to recordatton thareof tlmuty at
bd0
May 5, 1987
mcer .
e 1 /?/9/7 BY Drtod
0 0
EXHIBIT "Au
LEGAL DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND
IRRIGATION
Being portions of Lots 14 and 15 of Section 34, Township 12 South, Range 4 West, San Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, State of California, according to Official Plats thereof, described as follows:
PARCEL "A" - (EXHIBIT "B")
Commencing at the Southeast corner of said Lot 14, said corner
is as shown on record of Survey Map No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No.. 43
thereon; thence Northerly along the Easterly line of said Lot 14 North 00'04'28" West 22.81 feet to the TRUE POINT OF
BEGINNING; thence leaving said line North 84'53'08" West 59.53
feet; thence North 89'26'50" West 210.00 feet; thence North 80'26'50" West 155.00 feet; thence North 75'18'18" West 46.56 feet: thence North 08'15'57" West 40.00 feet; thence North 26'26'51" West 35.00 feet; thence North 67'33'10" East 85.00 feet; thence South 26'26'51" East 35.00 feet; thence South
55*26'5OU East 60.00 feet: thence South 71'26'50" East 50.00 feet: thence North 82'33'10" East 155.00 feet: thence North 88'33'10" East 230.00 feet: thence North 28'26'50" West 70.00 feet; thence North 76'33'10" East 55.00 feet: thence South 76'26'51" East 60.00 feet: thence South 35'26'50" East 70.00 feet: thence South 45'33'10" West 50.00 feet; thence South 35'26'50" East 100.00 feet: thence North 84'53'08" West 228.35 feet to the TRUE POINT OF BEGINNING.
Together with the right of ingress and egress over, under, and across those portions of Lots 14 ana 15 located directly between the La Costa Avenue right of way and the land described in the preceding paragraph, and the right thereon to install,
construct, maintain, repair, replace, reconstruct, and inspect
any water supply system or grading deemed necessary for the
mitigation requirements of the California Coastal Commission
and City of Carlsbad.
Excepting from said land that portion deeded to Leucadia County Water District, a Political Subdivision, recorded August 11,
1961 as file No. 138158 in the Office of said County Recorder.
Also excepting from said land those portions lying Northerly of the Northerly line of said Lots 14-and 15.
PARCEL "B" - (EXHIBIT "C")
Commencing at the Southeast corner of said Lot 14, said corner is as shown on Record of Survey Map No. 9880, said point also shown on Record of Survey Map No. 10774 and labeled No. 43 thereon, said point being on the Southerly line of said Lot 14
as described in Parcel 4 of deed recorded September 2, 1981 as file/page No. 81-280855 in the office of said recorder; thence
Westerly along said Southerly line North 86'58'53" West 661.22
feet to the TRUE POINT OF BEGINNING: thence continuing Westerly
along said Southerly line North 86'58'53" West 224.04 feet; thence leaving said line North 55'05'14" West 4.16 feet; thence North 23'27'15" East 60.87 feet; thence South 84'14'02" East
*- +hewe -C-+h 59'08'03" East 116.16 feet to the
TRUE POINT OF BEGINNING.
-fin- m. -
e EXHIBIT 'B' t
8
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
>
VICINITY MAP
PROJECT AREA
DEDICATED PORTION SHOWN THUS mA
Mn (YwnrrwT. IC.
JO8 NO * 5459-38 DATE PREPARED : 2-4 - l9B7
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\ -.. Tr L.til- T WIBIT ‘C’ \!! / :I z -mA. /m mmf- W/Tfl& A ‘ r MARMFU’’L~ 4300*-
R0.S 1%)774. PLAT TO ACCOMPANY
LEGAL DESCRIPTION t +/
PARCEL ’B’ w.0. 3208
/
VICINITY MAP
PROJECT AREA
WN uwrmst. c(c
JOB NO ’ 5459-38 DATE PREPARED: z-4-19e7
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lU,l*If*% ma-.rr(.$ Y,.*I’CI\ 041 Icnos cm .I %4.. alcr, culrmrl. li’** ,*,* m1 to4
e ' THIS lWSTRUMENT TO:
e . CITY CLERK CITY OF CARbS8AD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'
EASEMENT FOR FUBLlC HIGHWAY
Asses so r ' s Pa rce 1 Project LA COSTA AVENUE
NO. 216-111-04 W.O. No. 3208
21 6-1 21-1 6
216-1 22-01
N. B. HUNT, a married man as his sole and separate property and W. H. HUNT, a
married man, as his sole and separate property.
hereinafter called GRANTOR, do(es) hereby grant, convey and dedicate to the C1
CARLSBAD, State of California, hereinafter called GRANTEE, an easement for
highway and public utility purposes and incidents thereto, upon, over and acro!
certain real property within the CITY OF CARLSBAO, State of California, descri
follows:
Those portions of Section 34 and 35, Township 12 South, Range 4 West, San Bert
Base and Meridian, according to the Official Plat thereof, in the County of San
State of California, described in Exhibit "A" and "B" attached hereto and made
hereto by this reference.
All as shown for convenience sake on Exhibits 'IC'' through I'D" attached hereto an
a part hereto by this reference.
q-tlcl @
v Dated thls
/' /+ j_ 4' /- /
W: H. Hunt
STATE OF TEXAS County of ,qt-*
On /$$Ad .I / , 19 87 , beforo me, tho undersigned, II Not4 In and for $aid C ounty and Stale, pwromy appaclrsd
personally known to me (or proved to me on the brslr of satisfactory ovldence) tr
the person(,) whore namo(9) qlarr sub9crlbcd to tho wlthin In3trumant and ack to ma that PgBh/thoy exacutad the sam.
Wltnesr my hand rnd offlclsl real,
N. B. m-,t and W. H. Hunt
L -5
rL ,/"Id 2 J& &t&c J&&-PGrn c In ' and'ror ' reld County rnd State
1EA"E M. UDEKER, Wry Put&
fortt18StnteofTcaas /-r3 -1~
' Mycommexpkea
Thio 1s to CertlfY that the Intarest In rod property conveyed by tho forrgolng ea4
the CltY Of CarlJbrd, 8 munlclpd corparbtlon Is hereby sctaptsd by the Clty C
wM city Of Carhb8d, Cafllornla purwant to Regolutlon No. 9045 ad( and tho Crantes con3entg to rocordatlon thereof h~uly a i5Tficer.
May 5, 1987
c
Or tad /i7 /Y/j7 BY
0 0
EXHIBIT "A"
Being portions of tot 9 of Section 34, Township 12 South, Range 4 West , San Bern
Base and Meridian, in the City of Carlsbad, County of San Diego, State of Calif
according to Official Plats thereof, described as follows:
PARCEL "A" - (EXHIBIT "C")
Commencing at the Southeast corner of Said Lot 9, said corner is shown as 2" lror
with Brass Cap per Record of Survey Map No. 10774, said point also noted on said F
of Survey 10774 as being labeled No. 44 on sheets 4, 5 and 8, said Record of Sur,
filed as file No. 86-494180 on October 30, 1986, in the Office of the County Recorc
said San Diego County; thence Westerly along the Southerly line of Parcel 4 in
recorded September 2, 1981 as filelpage No. 81-280855 in the office of said recorder
83O47'23" West 132.36 feet to the TRUE POINT OF BEGINNING; thence continuing
83O47'23" West 1,169.46 feet; thence leaving said Southerly line North 78O35'51" East I
feet to the beginning of a tangent curve concave Southerly and having a radi
1,740.00 feet; thence Easterly along the arc of said curve through a central an(
20°05'1111 a distance of 610.00 feet to the TRUE POINT OF BEGINNING.
Together with the privilege and right to extend drainage structures and excavatio
embankment slopes 25 feet beyond the limits of the herein described right-of-way
required for the construction and maintenance of said public highway.
All as shown for convenience sake on Exhibit "C" attached hereto and made a part t
in this reference.
0 0
EXHIBIT "6"
Being portions of Lots 13, 16 and 17 of Section 35 Township 12 South, Range 4 West
Bernadino Base and Meridian, in the City of Carlsbad, County of San Diego, Sta
California, according to the Official Plats thereof, described as follows:
PARCEL "B" - (EXHIBIT 'ID'')
Commencing at the Southeast corner of Lot 9 of Section 34, Township 12 South, Rai
West, San Bernadino Meridian, said corner is shown as a 2" Iron Pipe with Brass Cat
Record of Survey Map No. 10774, said point also noted on said Record of Survey 107
being labeled No. 44 on sheets 4, 5 and 8, said record of survey is filed as file
86-494180 on October 30, 1986 in the Office of the County Recorder of said San
County; thence Southeasterly along the Southerly line of Parcel 2 in deed recc
September 2, 1981 as filelpage No. 81-280855 in the office of said recorder; thence ?
61°01'54" East 164.67 feet to the TRUE POINT OF BEGINNING: said point beii
non-tangent point on a curve concave Southwesterly and having a radius of 1,740.00
a radial bears North 18°01'24't East: thence Southeasterly along the arc of said c
through a central angle of 12O55'27" a distance of 392.49 feet; thence South 59O03'09"
547.40 feet; thence South 60°06'10" East 600.10 feet to the beginning of a non-tar
curve concave Northeasterly and having a radius of 1,449.00 feet; a radial bears !
3OO56'51'' West; thence Southeasterly along the arc of said curve through a central an5
17O52'12" a distance of 451.93 feet to a point on the Southerly line of the aforesaid (
thence Southwesterly and Northwesterly along said deed line South 64O26'00" West .
feet; thence North 61°01'54'' West 1,944.10 feet to the TRUE POINT OF BEGINNING.
Together with the privilege and right to extend drainage structures and excavation
embankment slopes 45 feet beyond the limits of the herein described right-of-way v
required for the construction and maintenance of said Public Ilighway .
All as shown for convenience sake on Exhibit 'ID" attached hereto and made a part h
by this reference.
._
9
v
t - EXHIBIT "C"
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
0
PARCEL "A" -
-uAe
It' A= .ZOct35'1/~ a- /~VO.OO* 9
L = 610 00'
CG4nK-
------
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VICINITY MAP
PROJECT AREA
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JOB NO : 5459-38 DATE PREPARED: 2-4-1987
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PLAT TO ACCOMPANY - 'I LEGAL DESCRIPTION
PARCEL '8"
W.0. 3208
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VtCINITY MAP
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-1 PROJECT AREA
VnrSoulrrvZST Vce
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0 - . --,vr-u, . ---- IV'lPUL e THIS INSTRUMENT TO:
%
I
CI T Y CLERK
CITY OF CARLSBAD
1200 ELM AVENUE CARLSBAD, CA 92008
NO TRANSFER TAX DUE
SPACE ABOV€ FVR REC#?ER's
EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION
Assessor's Parcel Project LA COSTA AVENUE
NO. 216-111-04 W.O. No. 3208
21 6-1 21 -1 6
216-122-01
N. B. HUNT, a married man as his sole and separate property and W. H. HUNT, a
married man, as his sole and separate property.
hereinafter called GRANTOR(S1, do(es1 hereby grant, convey and dedicate to the
OF CARLSBAD, State of California, hereinafter called GRANTEE, an easement for gr;
landscaping and irrigation purposes and incidents thereto, upon, over and across certain real property within the CITY OF CARLSBAD, State of California, describ
follows:
Those portions of Section 34 and 35, Township 12 South, Range 4 West, San Berna
Base and Meridian, lying within the wetlands areas, according to the Official Plat the
in the County of San Diego, State of California, described in Exhibit ('A" and IIB" att,
hereto and made a part hereto by this reference.
All as shown for convenience sake on Exhibits "C" through "E" attached hereto and m
part hereto by this reference.
8
h Dated this 9 +* dry of >>
e-
i. B. Ihvlt
/ w. 11. IIunt
'7- 1 J s . STATE OF TEXAS
County of n&LAs
,A5 ; -4 On 1- L, In and ror wild e ounty 8nd State, per~oX%y apparrad
personally known to me (or proved €0 me on the bails of satisfactory ovldrnce
the person(3) whoso namo(s) '%Hare rubscrlbcd to the within instrument and
to me thot%&$%blthey exocutrd tho sam.
Wltnesr my hsnd md ofllclal real.
, 19 87 , beforo mo, tho undcrrlgnad, a
N. B. mmt ad
W. H. Imt
/ /? i- ; / '-de )-. F-L /P 5% q&& msty Pumc Ira snd for mid County md %fs .
1
JEANNE ha. LEDBETTER, Notary Public
for the State of Texss ,y- P-fY Mycomn6ssionexpirsa CJ
\
fhls IS to cOrllfy that tho Intotart In tort property conveyed by the forrgoln
tho city of CarlJbrd, a rnunlclprl corprrtlon Ir hereby eccepted by the CI wid clty Of Carlsbsd, Callfornlr purguant to Rerolutlon No. 9045
May 5, 1987 e and tho Crantos consent3 to rrcordatlon thareof hmu
mricer.
I
Ditod /7 /AfY BY
i) e
EXHIBIT "A"
LEGAL DESCRIPTION OF EASEFJENT FOR GRADING, LANDSCAPING AND IRRIGAl
Those portions of Lots 9 and 10 of Section 34, Township 12 South, Range 4 Wesi
Rernardino Diise and Meridian, in the City of Carlsbad, County of San Diego, St
California, according to Official Plat thereof, described a5 follows:
PARCEL "A" - (EXHIBIT "C")
Commencing at an angle point on the Southerly line of Lot 15 of Section 34, TOL
12 South, Range 4 West, San Bernardino hleridian, said corner is shown as PT. d
as a 2" diameter Iron Pipe on Record of Survey No. 10774, said record of sur\
filed as file No. 86-494180 on October 30, 1986 in the Office of the County Recor,
said San Diego County; thence Easterly along said Southerly line of Lot 15,
83c47'23" East, 559.84 feet to the TRUE POINT OF BEGINNING; thence leavin?
Southerly line, North 68O14'41" East, 54.04 feet: thence North 38O33'16" East,
feet; thence North 79O33'16" East, 135.00 feet: thence South 66°26f4411 East,
feet; thence South 73'26'44" East, 145.91 feet to the Southerly line of said L
thence South 83O47'23" West, 489.03 feet along the Southerly lines of said Lots 9 L
to the TRUE POINT OF BEGINNING.
Excepting from said land those portions lying Southerly of the Southerly line 0'
Lot 10 and Westerly of the Westerly line of Said Lot 9.
PARCEL "13" - (EXHIBIT "Dl')
Beginning at the Southeast corner of said Lot 9, said corner is shown as a 2" dia
Iron Pipe on Record of Survey Map No. 10774 and labeled No. 44 on sheets 4 ai
said Record of Survey is filed as file No. 86-494180 on October 30, 1986 in the Off1
the County Recorder of said San Diego County: thence Southwesterly alonc
Southerly line of said Lot 9, South 83'47'23'' West, 132.36 feet to a point
non-tangent curve concave Southerly and having a radius of 1,740.00 feet, said
being on the Northerly right-of-way of the future realignment of La Costa A!
(Road Survey 1796-65), a radial bears North 08'41'02" East; thence leaving
Southerly line and Westerly along the arc of said curve through a central ang
70°22107", a distance of 314.88 feet; thence leaving said Northerly right-of-way P
64°00'5811 East, 129.73 feet; thence North 84°00'581' East, 331.54 feet to a point or
Easterly line of said Section 34; thence South 00°32101" West, 96.28 feet along
Easterly line of Section 34, to the POINT OF BEGINNING.
I.
* e
E X t 1 I B I T I' B I'
LEGAL DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATIC
Being portions of Lots 13, 16 and 17 of Section 35 Township 12 South, Range 4 We:
Bernardino Base and Meridian, in the City of Carlsbad, County of San Diego, S
California, accordirlq to the Official Plats thereof, described as follows:
PARCEL "A" - (EXHIBIT "E")
Beginning at the Southeast corner of Lot 9 of Section 34, Township 12 South, R,
West, San Rernardino Meridian, said corner is shown as a 2" Iron Pipe with Brass C
Record of Survey Map No. 10774, said point also noted on said Record of Survey 1C
being labeled No. 44 on sheets 4, 5 and 8, said record of survey is filed as fi
86-494180 on October 30, 1986 in the Office of the County Recorder of said San
County; thence Northerly along the common section line for said Sections 34 and 35
00"32'011' East 96.28 feet; thence leaving said line North 84°00'58" East 13.46 feet;
South 76°00'00'1 East 105.00 feet; thence South 57°00'00" East 120.00 feet; thence
46°00t00" West 35.00 feet: thence South 65°00'00" East 610.00 feet: thence South 83OC
East 185.00 feet; thence South 68°00'0011 East 300.00 feet; thence South 53°00'00
155.00 feet; thence South 28°00'00" East 230.00 feet; thence South 03°00'00't East
feet to the Northerly right-of-way of the future realignment of La Costa Avenue
Survey 7796-65) ; thence Northwesterly along said right-of-way North 60°06'1 0" West
feet; thence North 59°03'0911 West 547.40 feet to the beginning of a tangent curve c
Southwesterly and having a radius of 7 ,740.00 feet; thence Northwesterly along the
said curve through a central angle of 12O55'27" a distance of 392.49 feet; thence 1
said curve North 61°01'54" West 164.67 feet to the TRUE POINT OF BEGINNING.
,.
11)
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
PARCEL "A"
W.0. 3208
FLD.5. JW74
SECTION 34, T12S, R4W
OA73 XES
VICINITY MAP
DEDICATED PORTION SHOWN THUS E
PROJECT AREA
m -1. .(c
' PLAT TO ACCOMPANY
LEGAL DESCRIPTION
PARCEL "B'
W.O. 3208
FL0.S. I CUP)
SECTION 34, T12S, R4W
0.707 XR69
R0.S. J 9457 4
VICINITY MAP
PROJECT AREA
#
WN -T. nc
MlUJ CYIWXNIA ytll ftnl a2 XM
f.oYla$ ?%Urn X*”W,C*$ u( I*- Cb*, -9. m(m c., I-.‘, ,> ,, , , -: y4 JOB NO *5459- DATE PREPARED
CITY OF CARLWAD
1'200 ELM AVENUE CARLSBAD, CA 92008
-
Assess
Nc.
SPACE ~OvEFuf? RECCMDER'S
EASEMENT FOR GRADING, LANDSCAPING AND IRRlGAYlON
r's Parcel Project LA COSTA AVENUE
216-111-04 W.O. No. 3208
N. 6. HUNT, a married man, as his sole and separate' property and W. H. HUNT, a
hereinafter
OF CAI
landscaping
certain
follows :
Those
Meridian,
County
made a
All as
by this
called GRANTOR(S1, do(es) hereby grant, convey and dedicate to the
LSBAD, State of California, hereinafter called GRANTEE, an easement for gr;
and irrigation purposes and incidents thereto, upon ~ over and acrosz
real property within the CITY OF CARLSBAD, State of California, describ
portions of Section 34, Township 12 South, Range 4 West, San Bernardino Bas
lying within the riparian areas, according to the Official Plat thereof, i
of San Diego, State of California, described in Exhibit "A" attached heretl
part hereto by this reference.
shown for convenience sake on Exhibits "B" attached hereto and made a part t
reference.
,
Da',ed thls ?+".
STATE
Courty
On
/ /
w. H. imlt
OF TEXAS of *<T'S$*
/,!I, i f , 19 87 , baforr ma, tha undcrrkped, a
A
f'k.2
N$&r)+
/
Thh
h? / -/-- I t
3r. I ' ', 4- ?/-- - go&/& m-70 and for Bald County and State
JEANNE M. LEDEETKR, - W
My commssion expkss
-Q for the State d Texas I, - Ky ,? J'b'
* to certlfy that tho Intorort In rod property convoyed by the fotrgolnl the 3ald
May GTncerb.
City Of Carlgbad, a munlclpd corporation I, hereby secaptsd by the CI
, and tho Crrntee conlent9 to recordstlon thoroof t)+ City of Carlrbsd, Calllotnla pur9usnt to Rarolutlon No. 9045
5, 1987
I-EGAL
Being
Bernardino
California,
PARCE
Cornmenzing
West,
9880,
thereon:
feet to
59.53
feet;
thence
South
71°26150't
0 0
EXH 1 R I T "A"
DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRIGATION
portions of Lots 10 and 11 of Section 34, Township 12 South, Range 4 We1
Rase and Meridian, in the City of Carlshad, County of San Diego, S
according to Official Flats thereof, described as follows:
"A" - (EXHIBIT "€3")
at the Southeast corner of Lot 14 of Section 34, Township 12 South, F
Sari Bernardino Meridian, said corner is as shown on Record of Survey M
soid point also shown on Record of Survey Map No. 10774 and labeled I
thence Northerly along the Easterly line of said Lot 14 North 00°04128" Wes
the TRUE POINT OF BEGINNING; thence leaving said line North 84O53'08
feet; thence North 89°26t50t' West 210.00 feet; thence North 80O26'50" West
tf-ence North 75°18t18" West 46.56 feet; thence North 08°15'57" West 40.0(
Vorth 26O26'51'' West 35.00 feet: thence North 67O33'10" East 85.00 feet;
25°26'51" East 35.00 feet; thence South 55O26'50" East 60.00 feet; thence
East 50.00 feet; thence North 82O33'10" East 155.00 feet: thence North 88
'IO and 11.
eXHIBIT 'B' 0
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
VICINITY MAP
PROJECT AREA
WN -I. rrc
JOB NO. : 5459-38 DATE PREPARED : 2-4-1987 I** nrcn C~IV~.-I* tnlr tam RJ m
SBAD, CA 92008
SPACE A80v€'m RECORDER:
EASEMENT FOR GRADING, LANDSCAPING AND URRlGATlM
Project LA €OSTA AVENUE
W.O. No. 3208
shown for convenience sake on Exhibits 118'1 through "E" attached heretc
e
'Ds
',
dry of
stY a cd thts
N. B. IIunt
STA
W. H. Hunt
E OF TEXAS
On '" a'
/+ I, [ Ji , 19 87 , beforo me, tho undcrrlgned, a I d TdCountyparro~y for sa spporred N. 8. Hunt and
W. H. Hunt
I
/fc Nojar31 /
Thl*
the c
wid
MaV mlcor.
Or tod
my hand and offlclsl real.
~ /
Am) L ,%-/ 5-57 - 2' -d-LLc V,L 5
PubiIc If, rnbfor raid County rnd State
JEANNE M. LfoBm Notary fU*
for the State of Texas
My commission expires 11- qJ -py
I* to CertlfY that tho Intorart In rod property conveyed by thr forogolnc
tV Of Catlsbrd, rnunlclp8l corparrtlon Ir hereby scceptsd by the CI'
CItY Of Cbrlrbsd, Csllfornlr putsumt to Rerolutlon No, 9045
G and tho Grantee conrent3 to recordation thoreof hvu 59 1987
I
/7 /2/7 BY
LEGAL
Those
Bernardino
Csi'iforiia,
PARCEL
Commencing
Iron
record
County
said lo:
continuing
Southerly
thence
POINT
PARCEL-
e 0
E X li I B 1 T It At!
DESCRIPTION OF EASEMENT FOR GRADING, LANDSCAPING AND IRRlGATlOl
portions of Lots 13, I4 and 15 of Section 34, Townstlip 12 South, Range 4 W
Base and Meridian, in the City of Carlsbad, County of San Diego,
according to Official Plat thereof, described as follows:
"A" - (EXHIBIT "B")
at the Southeast corner of said Lot 13, said corner is shown as a 2"
Pipe on Record of Survey Map No. 10779 and labeled No. 43 on sheets 4, 6 and
of survey is filed as file No. 86-494180 on October 30, 1986 in the Officc
Recorder of said S3n Diego County; thence Southwesterly along the Southerl)
13, South 58°39'01tt West, 291.48 feet to the TRUE POINT OF BEGINNING;
along said Southerly line, South 68O39'01" West, 315.23 feet: thence leav
line, North 43'37'08" East, 91.10 feet; thence North 72O37'08" East, 130.
North 79'07'08" East, 60.00 feet: theme South 88O22'54" East, 47.79 feet to tt
OF BEGINNING.
'IB" - (EXHIBIT "C")
Commencing
Iron Pi
said re
the Co
line of
thence
North
23°27t15t'
said Lo
thence
POINT
PARCE
Commen
Iron Pi
said re
the -. of said
said Re
15, Nor
the fut
said rig
02O58'08
East,
feet; th
83O47'23"
BEGINN
at the Southwest corner of said Lot 14, said corner is shown as a 2" c
e on Record of Survey Map No. 10774 and labeled No. 43 on sheets 4, 6
ord of survey is filed as file No. 86-494180 on October 30, 1986 in the 0
nty Recorder of Said San Diego County: thence Northeasterly along the Sc
said Lot 14, North 68°39f01" East, 227.04 feet to the TRUE POINT OF BEG1
North 58O29'25" East, 62.05 feet; thence North 67O59'25" East, 110.00 feet;
S059'25" East, 55.00 feet: thence South 84O14'02" East, 46.13 feet; thenct
West, 60.87 feet; thence South 69°16'50'' West, 5.46 feet to the Southerly
14; thence Westerly along said Southerly line, North 86O58'53" West, 142.
continuing along said Southerly line South 68°39'011' West, 88.15 feet to tht
F BEGINNING.
"C" - (EXHIBIT 'ID'')
ing at the Southwest corner of said Lot 15, said corner is shown as a 2" c
e on Record of Survey Map No. 10774 and labeled No. 43 on sheets 4, 6
ord of survey is filed as file No. 86-494180 on October 30, 1986 in the 0
County Recorder of Said San Diego County; thence Southeasterly along Southet
Lot 15, South 86O58'53" East, 353.34 feet to a 2" diameter Iron Pipe as shc
ord of Survey Map No. 10774; thence continuing along said Southerly line
h 83@47'23" East, 75.79 feet to the TRUE POINT OF BEGINNING; said point bf
re right-of-way of La Costa Avenue; thence leaving said Southerly line an<
t-of-way , North 87O05'59'' West, 11 2.75 feet: thence leaving said right-of-way ' East, 14.40 feet; thence North 84°04'10t' East, 35.00 feet; thence North 42
30.00 feet: thence South 89°55'50" East, 50.00 feet; thence South 38°05t50" East
nce South 68O55'50'' East, 54.90 feet to said Southerly line of Lot 15; thence
West, 60.06 feet along said Southerly line of said Lot 15, to the TRUE POI
NG.
1,
PARCEL
Comrnencinq
PT #D
t;urvey Kecorcer
North
Southerly
thence South
83°47"23ft
POINT
Excepting
of the
e 0
"D" - (EXHIBIT "E")
at an angle point on the Southerly line of said Lot 15, said corner is sh
and as a 2" diameter iron Pipe on Record of Survey No. 10774, said rec
is filed as file No. 86-494180 on October 30, 1986 in the Office of the (
of said San Diego County; thence Easterly along sdld Southerly line of L
83O47'23" East, 559.84 feet to the TRUE POINT OF BEGINNING; thence leavir
line, North 68O14'41" East, 54.04 feet; thence North 38O33'16" East, 115.01
North 79"33'16" East, 135.00 feet; thence South 66O26'44" East, 100.00 feet;
73O26'44" East, 145.91 feet to the Southerly line of said Lot 9; thence
West, 489.03 feet along the Southerly lines of said Lots 9 and 15 to the
OF BEGINNING.
from said land those portions lying Northerly of the Northerly line and E(
Easterly line of said Lot 15.
I - 0 EXHIBIT 'B'
PLAT TO ACCOMPANY
LEG A L DESCRIPTION
PARCEL 'AD w.0. 3208 Yl $
2.9. S. J c) 7 74 Q\l
k
:$I -9'
3 Qj R! V! 1g-r 13 --1 Up
>
"Z
PROJECT AREA
YRI -7. re
l-*lal RwU Klhnoll UI em w? w UICO CYWOILNI~ wii ~rn ny w JOB NO. : 5459- 38 DATE mEPARED12-26- I98
PLAT TO ACCOMPANY
LEGAL DESCRIP JION
PARCEL “6‘ w.0. 3208
--
R9.S J 9-7 74
SECTION 34, T12S , R~W
0.175 AUE-s
__c_
P
-----t 1 g-r 9
JLk). rr - 5’3;30
VICINITY MAP
PROJECT AREA
rn -1. mc. c
8 NO.: 5459-38 3 WVRUl us lovxk c-7 UN CWaJ CU.OlW* $1111 601 n, Ibo
- --
-77
1
L 0 EXHIBIT 'Do
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
PARCEL'C'
W.0. 3208
iwuwas. JOB NO. 5459-38 DATE PREPARED: 2-25-198 n-a nmvwas HIO*Y*~ rout )AH at- cuwa~4 *mi tsm A) um -
* 'kg -' I)".k.THUMENT TO:
1
#I C TY CLERK C TY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
NO TRANSFER TAX DUE
0
As s es sp
NO.
N. 9.
marriecl
SPACE ABOVE FOR RECORDER'S
EASEMENT FOR FoBLlC HIGHWAY
r I s Pa rce I Project LA COSTA AVENUE
W.O. No. 3208 - 216-110-02 E 19
HUNT, a married man, as his sole and separate property and W. H. HUNT, a
man, as his sole and separate property.
hereinafter
OF
highway
certain
follows:
Being
Rernardino
Califoryia,
Beginniqg
Survey
No. 43
Septem
of San
feet to
in the
thence
intersection
right-of-way
thence
26°58'53't
Togethe-
embankment
requirec
All as
this
called CRANTOR(S), do(=) hereby grant, convey and dedicate to th
CACiLSBAD, State of California, hereinafter called GRANTEE, an easement for
and public utility purposes and incidents thereto, upon, over and acrc
real property within the CITY OF CARLSBAD, State of California, descr
those portions of Lots 14 and 15 of Section 34, Township 12 South, Range 4 Wc
Base and Meridian, in the City of Carlsbad, Coutny of San Diego, 5
according to Official Plats thereof, described as follows:
at the Southwest corner of said Lot 15, said corner is as shown on Re
Map No. 9880, said point also shown on Record of Survey Map No, 10774 and
thereon, said point also being on the Southerly line of Parcel 4 in deed r
er 2, 1981 as filelpage No. 81-280855, recorded in the Office of the County R
Diego County; thence Westerly along said Southerly line North 86O58'53" Wes
a point on the Northerly line of the future right-of-way of La Costa Avenue,
Office of the City Engineer of said City; thence South 89O57'49I' East 42.6
'South 88O49'04'' East 300.10 feet; thence South 87°05'591' East 156.20 feet to a r
of the Southerly line of said Lot 15 with the Northerly line of the
of La Costa Avenue, on file in the Office of the City Engineer of saic
Westerly along said Southerly line South 83'47'23" West 75.79 feet; thence
West 353.35 feet to the POINT OF BEGINNING.
with the privilege and right to extend drainage structures and excavati
slopes 20 feet beyond the limits of the herein described right-of-way
for the construction and maintenance of said public highway.
s,7own for convenience sake on Exhibit "A" attached hereto and made a part he1
reference.
,
..I *">f
-Dated thh q+e
d' /-
W: H. I-Iunt
yofar I , P'uyDllc in 8nd for maid Counfyrnd State
- ,NE M, LEDB~ER - Qublb
IF^ state of Texas
*:y cornmisstan exPtm
I/
I - , '?c --,$ x -
Thla I*
the CltY 5ald
May iimcor .
Dated ,
to cettlf~ that tho Intorest In rod property conveyed by the forogo1nc
Of Cathbrd, 8 munlctpal corparatton Ir hereby 8Cc8pted by the C11
, and tho Crsntee consent, to t8cordatlon thoroof tjvu
EltY Of Csrlrbsd, Callfornlr purwant to Rerolutlsn No, 9045 5, 1987
I
/A, /7&// 8Y / /
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
W.O. 3208
- 10-r -7
VICINITY MAP
PROJECT AREA
yR( SouTrmLsT. INC ,
IuRVlYul US 1OUW COURT IAN DItCD. CUI1011114 91111 16191 A1.100
~
1
1
0 EXHIBIT 4 a
AGREEMENT
THIS AGREEMENT is made this 22nd day of October, 1985,
between the CITY OF CARLSBAD, a municipal corporation of the
State of California, hereinafter referred to as CITY, and the
HUNT PROPERTIES, INC. hereinafter referred to as APPLICANT.
RE C I TALS
WHEREAS, the APPLICANT has filed with CITY a request for
approval of a proposed project identified as Master Plan No. 177
requiring an amended subsequent Environmental Impact Report
(EIR); and
WHEREAS, CITY has determined that its current staff is
inadequate in number to process the proposed EIR in a timely and
thorough manner; and
WHEREAS, CITY has determined that to proceed with the
processing of the EIR it will be necessary to hire a consultant
to aid staff with the monitoring and processing of such EIR; and
'WHEREAS, APPLICANT in order to ensure the expeditious
processing of said EIR desires to pay to CITY the amount neces-
sary to hire Consultant.
NOW, THEREFORE, in consideration of the covenants and
conditions, it is agreed as follows:
1. The CITY will engage the firm of WESTEC SERVICES,
INC. hereinafter referred to as the "CONSULTANT" tc
perform the necessary work in the processing and
monitoring of the EIR for that area more
1 0 0
more particularly depicted upon a site map attached
as Exhibit 1 and made a part of this agreement.
2. It is understood that the Consultant services shall
conform to the Proposal attached as Exhibit 2 and
made a part of this agreement, and may require:
(a) Field exploration;
(b) Weekly communication with the CITY staff;
(c) Written reports; and
(a) Such other work necessary to properly evaluate
the proposed project as directed by the Land
Use Planning Manager.
3. It is understood that the CITY will direct the Con-
sultant to complete a draft and final EIR at the
earliest feasible time. The CITY will advise the
APPLICANT in writing of any impacts which may rende
the proposed project unfeasible within a reasonable
time after CITY has received the Consultant's con-
clusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost
of the Consultant's services. Such cost shall be
based on the costs set forth in Exhibit "2". The
APPLICANT has advanced the sum of $41,200.00 as
payment on account for the actual cost of the
Consultant's services; in the event it appears, as
the work progresses, that said sum will not be
-2-
0 0
cient to cover the actual cost, the CITY will notif]
the APPLICANT of the difference between the amount
deposited and the new estimated cost. CITY will
ensure, to the extent feasible, that no further worl
will be performed by the Consultant incurring an
obligation beyond the amount advanced without an
appropriate amendment to this Agreement, If the
actual cost of preparing the report is less than thc
APPLICANT'S advance, any surplus will be refunded tc
APPLICANT by CITY.
5. It is understood that the Consultant shall be an
independent contractor of the CITY. The APPLICANT
agrees to permit the Consultant to enter upon his
property and to perform all work thereon as the Con-
sultant deems necessary to complete the EIR, It is
agreed that the APPLICANT will not interfere with
the Consultant in the performance of such work or
attempt to influence such Consultant during the
course of his investigation and report.
6. It is understood that the CITY will attempt to brinc
the EIR to Planning Commission and CITY Council as
soon as possible, barring no delays from the
APPLICANT.
-3-
1 @ 0
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
BY bdt3 dL
MARY H. FASLER, Mayor
APPLICANT:
HPI DEWZLOPBW CO,
D. 5. Clemens
ATTEST: Vice President
APPROVED AS
-4-
PACfFIC OCEAN
F)IHIB\F 0
WESTEC Services, Inc.
321 1 Fifth Avenue San Dtego CA 92103-5765
(61 9) 294-9770
85-378-E
September 6, 1985
&@..~~D -.'
&'d f;:lc3
\$ $3 \d .A Assistant Planner .. c@L@ City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 L\iJC& Ql?@N1 Q$&l--
Subject: Pacific Rim Master Plan EIR Contract Amendment for Phase One Tentative Map
Dear Chris:
W ESTEC Services is pleased to submit this proposal for environmental consulting services for the Pacific Rim Master Plan EIR. WESTEC is already under contract with the City to prepare a Subsequent EIR for the Master Plan. This amendment covers additional work necessary to address the Phase One Tentative Map in the Subsequent EIR.
Scope of Work
The Subsequent EIR will address all issues identified in our proposal dated
March 25, 1985. Additionally, the following analysis will be incorporated to address the Tentative Map.
Visual/ Aes the t ics
The environmental effects of grading and development of the Phase One Tenta- tive Map will be evaluated. The section will discuss views to and from the site, con- formance with policies and ordinances, and methods to mitigate grading and visual impacts. This section will evaluate the visual and grading impacts of the two align- ments for Batiquitos Drive.
Biology
This section will address the sitespecific impacts of development of Phase One.
Direct impacts to biological resources and indirect effects on Batiquitos Lagoon will be
evaluated. The two road alignments for Batiquitos Drive will be addressed, along with
other off-site improvements.
$an Dlego CA Ventura CA Brawiey CA Phoenix A2 Phtladelphla PA Washlngton D C
0 0 ,'
Mr. Christopher D. DeCerbo
September 6, 1985
Page Two
Traffic
The results of Wildan's traffic analysis for the Master Plan and for Phase One will
be incorporated into the text of the EIR.
Hydrology
The results of VTWs drainage study will be analyzed and included in the EIR text,
On-site impacts in Phase One and effects on Batiquitos Lagoon will be evaluated.
Utilities and Services
Water and sewer plans prepared by VTN will be evaluated. WESTEC will coordi-
nate with service providers to determine potential impacts of Phase One development.
Noise
The noise analysis will evaluate in more detail potential impacts within Phase Onc
based upon the proposed grading plan. Mitigation measures will be identified, if neces- sary.
Alternatives
A new alternative in the Subsequent EIR will address the potential mitigation,
enhancement plan for Batiquitos Lagoon that would result from funding from Long Beach Harbor development. It is our understanding that this alternative plan is being proposed by others and will be available for WESTEC's review by late September.
Cultural/Paleontological Resources
The scope of work provided herein identifies the tasks and cost for testing
16 archaeological, historical and paleontological sites. These 16 sites are divided ai follows: 14 archaeological sites (SDi-600, 601, 602, 691, 692693, 694, 6822, 6824, 6826
6827, 6867, SRS-1 and W-102), 1 historical site (SDi-6828), and 1 paleontological sitt
The tasks for testing the 14 archaeological sites and 1 historical site includes sit(
mapping, surface collection of all artifacts, posthole testing to determine site size trenching to determine both site depth and disturbance, and excavation not-to-exceec 3, 1 x 1 m units. Data analysis will include pottery, lithics, shell, bone, radiocarboi dating of one sample per archaeological site, obsidian hydration and obsidian sourcing.
The testing to identify the extent and richness of the paleontological site can bc identified through backhoe trenching and monitoring/recording by a Paleontologist. WI
anticipate 3 field days and 2 days for review and write-up of existing literature to full: evaluate this resource.
( M A R-2 7 8).
0 e
Mr. Christopher D. DeCerbo September 6,1985 . Page Three
The final technical report will identify site significance/importance as per CEQA (amended 1981). If sites are identified as significant, then a mitigation plan with alternatives will be provided. If a site or sites are identified as non-significant, then no further work will be recommended. This report wil be acceptable to both City, State and professional guidelines. The conclusions will be summarized in the EIR text.
COST PROPOSAL*
Visual/Aesthetics $ 1,100 Biology 1,250 Traffic 350 Hydrology 850 Utilities/Services 450
Noise 600
Alternatives 600
Cultural/Paleontological Resources 36,000
Total additional cost $41,200
*This proposal reflects only additional costs required to address Phase One Tentative
If this proposal is acceptable, it is our understanding that a contract amendment
would be authorized to cover the additional work. WESTEC is available to begin work immediately upon reciept of Notice to Proceed.
Thank you for the opportunity to provide this proposal for consulting services.
Map.
Please call me at 294-9770 if you have any questions.
Sincerely, 7’ mb UL
Thomas M. Larkin
Project Manager
TMLga
REPLY ON THIS !SHEET __ FROM _____ !
1
e @ EXHIBIT 4
-"-
t
AGREEMENT
THIS AGREEMENT is made this 22nd day of October, 1985,
between the CITY OF CARLSBAD, a municipal corporation of the
State of California, hereinafter referred to as CITY, and the
HUNT PROPERTIES, INC. hereinafter referred to as APPLICANT.
RECITALS
WHEREAS, the APPLICANT has filed with CITY a request for
approval of a proposed project identified as Master Plan No. 177
requiring an amended subsequent Environmental Impact Report
(EIR); and
WHEREAS, CITY has determined that its current staff is
inadequate in number to process the proposed EIR in a timely and
thorough manner; and
WHEREAS, CITY has determined that to proceed with the
processing of the EIR it will be necessary to hire a consultant
to aid staff with the monitoring and processing of such EIR; and
WHEREAS, APPLICANT in order to ensure the expeditious
processing of said EIR desires to pay to CITY the amount neces-
sary to hire Consultant.
NOW, THEREFORE, in consideration of the covenants and
conditions, it is agreed as follows:
1. The CITY will engage the firm of WESTEC SERVICES,
INC. hereinafter referred to as the "CONSULTANT" t
,.- perform the necessary work in the processing and
monitoring of the EIR for that area more
. .,
0 0 a
more particularly depicted upon a site map attached
as Exhibit 1 and made a part of this agreement,
2. It is understood that the Consultant services shall
conform to the Proposal attached as Exhibit 2 and
made a part of this agreement, and may require:
(a) Field exploration;
(b) Weekly communication with the CITY staff;
(c) Written reports; and
(d) Such other work necessary to properly evaluate
the proposed project as directed by the Land
Use Planning Manager.
3. It is understood that the CITY will direct the Con-
sultant to complete a draft and final EIR at the
earliest feasible time. The CITY will advise the
APPLICANT in writing of any impacts which may rende
the proposed project unfeasible within a reasonable
time after CITY has received the Consultant's con-
clusions in writing.
4. The APPLICANT shall pay to the CITY the actual cost
of the Consultant's services. Such cost shall be
based on the costs set forth in Exhibit "2". The
APPLICANT has advanced the sum of $41,200.00 as
payment on account for the actual cost of the
Consultant's services; in the event it appears, as
the work progresses, that said sum will not be
-2-
0 0 t
cien.t to cover the actual cost, the CITY will notify
the APPLICANT of the difference between the amount
deposited and the new estimated cost.
ensure, to the extent feasible, that no further work
will be performed by the Consultant incurring an
obligation beyond the amount advanced without an
appropriate amendment to this Agreement. If the
actual cost of preparing the report is less than the
APPLICANT'S advance, any surplus will be refunded to
APPLICANT by CITY.
CITY will
5. It is understood that the Consultant shall be an
independent contractor of the CITY.
agrees to permit the Consultant to enter upon his
property and to perform all work thereon as the Con-
sultant deems necessary to complete the EIR. It is
agreed that the APPLICANT will not interfere with
the Consultant in the performance of such work or
attempt to influence such Consultant during the
course of his investigation and report.
The APPLICANT
6. It is understood that the CITY will attempt to brin:
the EIR to Planning Commission and CITY Council as
soon as possible, barring no delays from the
APPLICANT.
-3-
e 0
4
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
BY -L-d L
MARY H. PASLER, Mayor
APPLICANT:
BY
ATTEST :
ALETHA RAUT
City Attorney
-4-
0 0
EXHIBIT
10.15-8!
AClFfC OCEAN
w-
0 0 FXW3)T-
I
WEST% senrices, tnc.
321 1 Flfth Avenue San Diego CA 92103-5765
(619) 294-9770
85-37 8-E
September 6, 1985
J@ESl@)
&X G/o
~ $,?+
i u * .. Assistant Planner City of Carlsbad
1200 Elm Avenue - Q?chGi%
Subject:
Dear Chris:
Carlsbad, CA 92008 ci$c** DQ @ti-* Pacific Rim Master Plan EIR Contract Amendment for Phase One Tentative Map
WESTEC Services is pleased to submit this proposal for environmental consulting services for the Pacific Rim Master Plan EIR. WESTEC is already under contract with
the City to prepare a Subsequent EIR for the Master Plan. This amendment covers additional work necessary to address the Phase One Tentative Map in the Subsequent EIR.
Scope of Work
The Subsequent EIR will address all issues identified in our proposal dated March 25, 1985. Additionally, the following analysis will be incorporated to address the Tentative Map.
Visual/ Aesthetics
The environmental effects of grading and development of the Phase One Tenta- tive Map will be evaluated. The section will discuss views to and from the site, con- formance with policies and ordinances, and methods to mitigate grading and visual impacts. This section will evaluate the visual and grading impacts of the two align- ments for Batiquitos Drive.
Biology
This section will address the sitespecific impacts of development of Phase One.
Direct impacts to biological resources and indirect effects on Batiquitos Lagoon will be
evaluated. The two road alignments for Batiquitos Drive will be addressed, along with other off site i mprove men ts.
San Dlego CA Ventura CA Brawley CA Phoenix A2 Philadelphia PA Washlngton DC
0 e t
Mr. Christopher D. DeCerbo September 6, 1985
Page Two
Raffic
The results of Wildan's traffic analysis for the Master Plan and for Phase One wiU be incorporated into the text of the EIR.
Hydrology
On-site impacts in Phase One and effects on Batiquitos Lagoon will be evaluated.
Utilities and Services
The results of VTN's drainage study will be analyzed and included in the EIR text,
Water and sewer plans prepared by VTN will be evaluated. WESTEC will coordi. nate with service providers to determine potential impacts of Phase One development.
- Noise
The noise analysis will evaluate in more detail potential impacts within Phase On( based upon the proposed grading plan. Mitigation measures will be identified, if neces sary.
Alternatives
A new alternative in the Subsequent EIR will address the potential mitigation enhancement plan for Batiquitos Lagoon that would result from funding from Lon Beach Harbor development. It is our understanding that this alternative plan is bein proposed by others and will be available for WESTEC's review by late September.
Cultural/Paleontological Resources
The scope of work provided herein identifies the tasks and cost for testin
16 archaeological, historical and paleontological sites. These 16 sites are divided a follows: 14 archaeological sites (SDi-600, 601, 602, 691, 692693, 694, 6822, 6824, 6821
6827, 6867, SRS-1 and W-1021, 1 historical site (SDi-6828), and 1 paleontological si1
The tasks for testing the 14 archaeological sites and 1 historical site includes si1 mapping, surface collection of all artifacts, posthole testing to determine site sizl trenching to determine both site depth and disturbance, and excavation not-to-excee 3, 1 x 1 m units. Data analysis will include pottery, lithics, shell, bone, radiocarbc dating of one sample per archaeological site, obsidian hydration and obsidian sourcing.
The testing to identify the extent and richness of the paleontological site can t identified through backhoe trenching and monitoring/recording by 8 Paleontologist. \ anticipate 3 field days and 2 days for review and write-up of existing literature to ful evaluate this resource.
( MAR-27 8).
0 e a
Mr. Christopher D. DeCerbo September 6,1985 - Page Three
The final technical report will identify site significance/importance as per CEQ A (amended 1981). If sites are identified as significant, then a mitigation plan with alternatives will be provided. If a site or sites are identified as nonsignificant, then na further work will be recommended. This report wil be acceptable to both City, State
and professional guidelines. The conclusions will be summarized in the EIR text.
COST PROPOSAL*
Visual/Aesthetics .$ 1,100 Biology 1,250 Traffic 350 Hydrology 850 Utili t ies/Services 450 Noise 600 Alternatives 600 Cultural/Paleontological Resources 36,000
Total additional cost $41,200
*This proposal reflects only additional costs required to address Phase One Tentativc Map.
If this proposal is acceptable, it is our understanding that a contract amendmen would be authorized to cover the additional work. WESTEC is available to begin wor immediately upon reciept of Notice to Proceed.
Thank you for the opportunity to provide this proposal for consulting service: Please call me at 294-9770 if you have any questions.
Sincerely, p&Ui
Thomas "4. Larkin Project Manager
TMLga
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0 *
RESOLUTION NO. 8248
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLS
CALIFORNIA APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND HUNT PROPERTIES, INC., FOR THE PAYMENT C
CONSULTANT COSTS INCURRED FROM THE PROVISION OF AN AM
SUBSEQUENT ENVIRONMENTAL IMPACT REPORT ON THE 1385 AC
PACIFIC RIM COUNTRY CLUB RESORT MASTER PLAN.
The City Council of the City of Carlsbad, California,
hereby resolve as follows:
1. That this certain agreement between the City of
Carlsbad and Hunt Properties, Inc., for the payment of consult
costs incurred from the provision of an amended subsequent
Environmental Impact Report for the 1385 acre Pacific Rim Cour
Club Resort Master Plan, a copy of which is attached hereto mz
Exhibit 4 and made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on i:
of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of
City Council of the City of Carlsbad, California held on the ;
lday of October, 1985, by the following vote, to wit:
19
20
21
22
23
24
25
261
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pett:
NOES :
ABSENT: None
I
None I
L-/zl&%GT gi L&!
MARY Hi CASLER, Mayor
ATTEST :
I m/b-
* 0 0
AGREEMENT
d"
day Of +. 1985,
THIS AGREEMENT is made this /'I
between the CITY OF CARLSBAD, a municipal corporation of the
State of California, hereinafter referred to as CITY, and
HUNT PROPERTIES, INC., hereinafter referred to as APPLICANT.
RECITALS
WHEREAS, the Applicant has filed with City a request for
approval of a proposed project identified as Master Plan No. 177
requiring a subsequent Environmental Impact Report (EIR); and
WHEREAS, City has determined t'nat its current staff is
inadequate in-number to process the proposed EIR in a timely and
thorough manner; and
WHEREAS, City has determined that to proceed with the
processing of the EIR it will be necessary to hire a consultant
to aid staff with the monitoring and processing of such EIR; and
WHEREAS, Applicant in order to ensure the expeditious
processing of said EIR desires to pay to City the amount neces-
sary to hire Consultant.
NOW, THEREFORE, in consideration of the covenants and
conditions, it is agreed as follows:
1. The City will engage the firm of 'WESTEC SERVICES,
INC., hereinafter referred to as the "Consultant" to
perform the necessary work in the processing and
monitoring of the EIR for that area more
0 0
particularly depicted upon a site map attached
as Exhibit A and made a part of this agreement.
2. It is understood that the Consultant services shall
conform to the Proposal attached as Exhibit 2 and
made a part of this agreement, and may require:
(a) Field exploration;
(b) Weekly cornmunication with the city staff;
(c) Written reports; and
(d) Such other work necessary to properly evaluate
the proposed project as directed by the Land
Use Planning Manager.
3. It is understood that the City will direct the Con-
sultant to complete a draft and final subsequent EIR
at the earliest feasible time. The City will advise
the Applicant in writing of any impacts which may
render the proposed project unfeasible within a
reasonable time after City has received the
Consultant's conclusions in writing.
4. The Applicant shall pay to the City the actual cost
of the Consultant's services. Such cost shall be
based on the costs set forth in Exhibit "2". The
Applicant has advanced the sum of $16,600.00 as
payment on account for the actual cost of the
Consultant's services; in the event it appears, as
the work progresses, that said sum will not be
-2-
0 0
sufficient to cover the actual cost, the City will
notify the Applicant of the difference between the
amount deposited and the new estimated cost*. City
will ensure, to the extent feasible, that no further
work will be performed by the Consultant incurring
an obligation beyond the amount advanced without an
appropriate amendment to this Agreement. If the
actual cost of preparing the report is less than the
Applicant's advance, any surplus will be refunded to
Applicant by City. The applicant also agrees to
pay the city the actual cost incurred by the
consultant for review of the environmental data
submitted on the lagoon enhancement program. Costs
will be incurred on a time and materials basis.
5. It is understood that the Consultant shall be an
independent contractor of the City. The Applicant
agrees to permit the Consultant to enter upon his
property and to perform all work thereon as the Con-
sultant deems necessary to complete the EIR. It is
agreed that the Applicant will not interfere with
the Consultant in the performance of such work or
attempt to influence such Consultant during the
course of his investigation and report.
6. It is understood that the City will attempt to bring
the EIR to Planning Comniission and City Council as
soon as possible, barring no delays from the Appli-
cant. *provided such increase P does not exceed $3,000. 4 -3-
e
IN WITNESS WHEREOF, the parties hereto have executed
this agreement on the day and year first above written.
CITY OF CARLSBAD, a Municipal
Corporation of the State of
California
BY FRANK ALESHIRE, City Manager
APPLICANT :
HUNT PROPERTIES, INC. d/b/a
ATTEST :
ALETHA RAUTENKRANZ, CityJClerk
APPROVED A
-- ---- ___ -
Assistant City Attorney
-4-
- THE PACIFIC RIM %F-E
.-- MASTER PLAN COUNTRY CLUB AND RESORT ..-. m-.-. n0..-- CIII