HomeMy WebLinkAboutMeister Development Group; 1986-03-07;P.D. 251 . l .
AGREEMENT TO CONVEY EASEMENT
THIS AGREEMENT TO CONVEY EASEMENT merit") is made
and entered into as of this -w day of 198&, by and between the CITY OF CARLSBAD, a California municipal
corporation ("City"), and MEISTER DEVELOPMENT GROUP, a California corporation ("Meister").
RECITALS: ---es---
Meister desires to develop certain real property ("Propert;") located within the corporate limits of City, said Property being more specifically described in Exhibit "A", attached hereto.
B. The Property borders on a street within the corporate limits of City ("Street"), and the development plans of Meister contemplate access to the Street.
C. It being the policy of City to limit the proliferation of driveway accesses to the Street and other streets of City, the Planning Commission ("Commission") of City passed Resolution No. 2433 (attached hereto as Exhibit "B"), which approved Meister's development plans, subject to certain conditions, one of which (Condition No. 33) requires Meister to enter into an agreement with City to grant the owner ("Adjacent Owner") of adjacent property to the north ("Adjacent Property"), access over a portion ("Subject Portion") of the Property for the purposes of a joint driveway. The Subject Portion is more particularly described in Exhibit "C" attached hereto.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Meister agree as follows:
1. In the event that the City Engineer ("Engineer"), or the City Planning Commission ("Planning Commission") or City Council ("Council") determines at some later date, not to be beyond the term of this Agreement, that the development of the Adjacent Property requires joint driveway access because there is insufficient alternate access or because it is determined that joint driveway access would better serve the public interest than separate driveways, then Meister shall grant an easement ("Easement") to Adjacent Owner over the Subject Portion to make such joint driveway access possible, subject to the terms of this Agreement.
0058U/M5519-003 dla:12/06/85
2. The City's determination that such joint driveway access is required shall be in the sole discretion of the Engineer, Planning Commission or Council.
3. The Easement shall be located on the Subject Portion and shall be substantially similar in form and substance to the grant of easement attached hereto as Exhibit "D".
(a) It is agreed that the plans of Meister for the construction of the driveway which is the improvement contemplated upon the Subject Portion have been approved and that if, in the discretion of the Engineer, the future development of the Adjacent Property requires additional access, such access shall not be required over any portion of the Property, and the expense of the construction of such additional access shall be borne entirely by the Adjacent Owner. Additionally, in no way shall the additional access be situated so as to cause a reduction in parking spaces on the Property.
(b) The easement shall be granted subject to the terms set forth in Exhibit "D" and shall specifically provide that:
(i) Adjacent Owner shall pay one-half (l/2) of any maintenance applicable to the maintenance and upkeep of the driveway;
(ii) Adjacent Owner shall reimburse Meister for one-half (l/2) of the expense of the construction of the driveway; and,
(iii) Adjacent Owner shall indemnify and hold Meister harmless against and from any and all claims for injury or death to persons, or damage to, or loss of, property arising out of its use, operation or maintenance of the Easement or any improvement thereon, or the use, operation or maintenance of the Easement or any improvement, thereon by Adjacent Owner's officers, agents, employees, invitees, permittees, lessees, successors or assigns.
4. It is agreed that Adjacent Owner is not a third party beneficiary of this Agreement, which Agreement is solely by and between Meister and City.
5. The term of this Agreement shall be twenty (20) years. If at the expiration of said twenty (20)-year term, the City has not made a determination that the development of the
-2-
3
.
Adjacent Property requires joint driveway access, this Agreement shall expire and be of no legal effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first-above written.
MEISTER DEV T GROUP, a
By:
Its:
CITY OF C
By:
IQ'!
.
CAT. NO. ~~00737
TO 1945 CA (8-84)
ICorporation) fl TICOR TITLE INSURANCE
STATE OF CALIFORNIA
COUNTY OF ORANGE > ss. *
4 I personally known to me or proved to me on the basis
Y E
of satisfactory evidence to be the person who executed
the within instrument as the
I I.1 President, a&
YYX~H#K of the Corporation
that executed the within instrument and acknowledged
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS mv hand and official seal. , * .
Signature TA=+ A?L-.~R Jclez44/
On January 7, 1986 before me, the undersigned, a Notary Public in and for
said State, personally appeared Howard W. Meister. II
VIRGINIA A. WEDDLE
(This area for official notarial seal)
-3-
. .
I
.
,
LEGAL DESCRIPTION OF MEISTER'S PROPERTY
Parcel 14 in the City of Carlsbad, County of San Diego, State of California, as shown in the map filed in Book of Parcel Maps at page 11457 in the office of the County Recorder of said County.
EXHIBIT "A" -4-
&f--