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Home My WebLink AboutO'Gara, Michael & Vicki; 1985-10-29;9 e a b# .d PROJECT NO. 052-051 -021 PARCEL NO. 205-060-1 6 156-21 2-06 AGREEMENT FOR ACQUISITION OF REAL PROPERTY THIS AGREEMENT is entered into this 84 day of &d/w 1985, by and between the City of Carlsbad, a munic corporation, hereinafter referred to as "CITY," and undersigned Grantors, hereinafter referred to as "GRANTOR," the acquisition by CITY of certain real property, or spec interest therein, as herein set forth, hereinafter referred t 8'~~~~~~~~11 o WITNESSETH THAT, WHEREAS, CITY has determined that it is il public interest to acquire certain real property interests street and public utility purposes, including an easemer construct said street and public utilities, and WHEREAS, GRANTOR is informed and acknowledges an awarenec CITY'S obligation to offer just compensation for PROPERTY real property interests sought) and that the right to compensation shall mean the right to receive payment of not than the fair market value of the interest conveyed to CI' consideration for PROPERTY as prescribed by s7267.2 of California Government Code, and WHEREAS, GRANTOR does hereby affirm and acknowledge that GR, has had the opportunity to review, and has received adeq explanation of the engineered construction plans for the pro storm drain project and has been fully informed of all probable effects of such construction upon GRANTOR'S PROPERTY NOW THEREFORE, THE PARTIES HERETO DO MUTUALLY COVENANT AND I AS FOLLOWS: 1. CONVEYANCE OF TITLE. G ANTOR as delivered to CI1 Easement Deed dated AD& ----- LLL $i.r --------- convey i n easement to CITY for street and public utility purpc situated in the City of Carlsbad, County of San Diego, 2 of California, legally described as follows: See legal description designated as Exhibit "A" attached hereto, and by reference made a part hereof. -1 - e 0 ./ PARCEL NO. 205-060- 156-21 2- 2. CITY shall: A. Pay to the order of the undersigned GRANTOR the SI $32,492.00 as just compensation within sixty after the above mentioned easement deed to said pro1 has vested in CITY. B. Pay all the following items: Recording fees and certain Trust Deed clearance incurred in this transaction; premium charges for t insurance if such title insurance is desired by CITY. C, Indemnify and hold harmless the undersigned GRANTOR any liability arising out of the CITY'S operations 1 this agreement. D. Restore the surface of the property not within easement area so as to leave the area compacted, neat clean, where possible, at the conclusion of construction and related work. 3, All work done under this agreement shall conform tc applicable ordinances and regulations relating to such P and shall be done in a good and workmanlike manner. 4. It is agreed and confirmed by the parties hereto t notwithstanding other provisions in this agreement, the of possession and use of the subject property by CITY 01 authorized agent(s), including the right to remove and di of any improvements, shall commence upon the execution of agreement by both parties. 5. GRANTOR warrants that there are no oral or written leas all or any portion of the said property exceeding a perlc one month, and GRANTOR agrees to hold CITY harmless, a reimburse the CITY for any and all of its losses and expc occasioned by reason of any lease of said property held b tenant or GRANTOR for a period exceeding one month. 6. In the event GRANTOR is unable to deliver title reasonable time under the terms of this agreement, CIT' continue an action in Eminent Domain to pursue the acquis of said property, and this agreement shall constiti stipulation which may be filed in said proceedings as and conclusive evidence of the total amount of damages fa taking, including but not limited to, value, seve damages, and special benefits as provided in the Code of Procedure, regarding this parcel. -2- 0 0 .a : PARCEL NO. 205-060 156-21 2 7. Each individual executing this Agreement, either individu or on behalf of a corporation, partnership, or other eni hereby represents and warrants that he or she is authorized to execute and deliver this Agreement on beha. such, and in agreement with its terms. 8, The performance of this agreement constitutes the er consideration for the rights granted to CITY and shall re CITY of any further claims on this account. NO OBLIGA' OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZED. IN WITNE S WHEREOF, the parties have executed this Agre this T7g day of October, 1985. - J Vicki B. O'Gara CITY OF CARLSB 1 -_ J i---, (fZ&.&&/ &'A!<& -3- .l 0 e EXHIBIT "A" ' EASEMENT LEGAL DESCRIPTION An easement for street and public utility purposes on, over across and through the hereinafter described land. That portion of Lot 25 of Patterson's Addition to the Towr of Carlsbad, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 56E filed in the Office of the County Recorder of San Diegc County September 22, 1888, described as follows: That portion of the land described in a Deed to Robert W, Crannell and Arla I. Crannell, recorded July 30, 1954, ir Book 5317, Page 41 of Official Records of said County, lyinc within the following described land; A strip of land 60.00 feet wide lying 30.00 feet on each side of the following described centerline; BEGINNING at a point on the existing centerline of Basswood Ave. (60.00 feet wide), said point being distant thereon North 50°06'25" East 516.89 feet from the centerline inter- section of said Basswood Avenue and Highland Drive (60.00 feet wide), as shown on Parcel Map No. 12764 filed in the Office of the County Recorder of said County; Thence North 31°12'50" West 568.37 feet to the beginning of a tangent curve concave southwesterly having a radius of 200.00 feet; thence northwesterly along said curve through a central angle of 3"19'51" an arc distance of 11.63 feet; thence tangent to said curve North 34"32'41" West 100.00 feet to the beginning of a tangent curve concave northeast- erly having a radius of 300.00 feet: thence northwesterly along said curve through a central angle of 11O37'21" an arc distance of 60.86 feet; thence tangent to said curve North 22O55'20" West 196.95 feet to the beginning of a tangent curve concave southwesterly having a radius of 300.00 feet; thence northwesterly along said curve through a central angle of ll"37'21" an arc distance of 60.86 feet to a point; said point being 110.01 feet measured at right angles from the Northwesterly line of Lot 24 of Patterson's Addition to the Town of Carlsbad, according to the map thereof No. 565 filed in the Office of the County Recorder of San Diego County September 22, 1888. AP# 156-212-06 0 e EXHIBIT "A '' EASEMENT LEGAL DESCRIPTION An easement for street and public utility purposes on, over across and through the hereinafter described land. That portion of tract 123 of Carlsbad Lands, in the City o Carlsbad, County of San Diego, State of California, as pe Map thereof No. 1661 filed in the Office of the Count Recorder of San Diego County March 1, 1915, described a follows: That portion of the land described in a Deed to Michael D O'Gara and Vicki B. O'Gara recorded November 1, 1978 a File/Page No. 472207, records of said County, lying withi the following described land; A strip of land 60.00 feet wide lying 30.00 feet on eac side of the following described centerline; BEGINNING at a point on the existing centerline of Basswoo( Ave. (60.00 feet wide), said point being distant thereol North 50°06'25" East 516.89 feet from the centerline inter section of said Basswood Avenue and Highland Drive (60.0 feet wide), as shown on Parcel Map No. 12764 filed in thl Office of the County Recorder of said County: Thence North 31°12'50" West 568.37 feet to the beginning of a tangent curve concave southwesterly having a radius oj 200.00 feet: thence northwesterly along said curve through i central angle of 3"19'51" an arc distance of 11.63 feet, thence tangent to said curve North 34O32'41" West 100.0( feet to the beginning of a tangent curve concave northeast- erly having a radius of 300.00 feet; thence northwesterlj along said curve through a central angle of 11°37'21" an arc distance of 60.86 feet; thence tangent to said curve Nortl 22O55'20" West 196.95 feet to the beginning of a tangenl curve concave southwesterly having a radius of 300.00 feet thence northwesterly along said curve through a centra: angle of 11O37'21" an arc distance of 60.86 feet to a point said point being 110.01 feet measured at right angles fror the Northwesterly line of Lot 24 of Patterson's Addition tc the Town of Carlsbad, according to the map thereof No. 56: filed in the Office of the County Recorder of San Diegc County September 22, 1888. AP# 205-060-16 - e - * -, +* - YALLEY 0 STREFT m \ /* d tr s '8 T CURV€ DATA A = 11' 37'21" L = 54.77 @ R = 270.0p' If ~GHT OF MY To BE ACqUrREX) AREA = 7400 5s. FT. WORK DESCRlPTlOrJ Ad EAS&MGdT FOR PuBLlc MfGgWAV 4 LJn&J7-/€ S A.P NO. LOCATIW sbd OF VALLEY 5 T: tSFQ F OAK AV/E. !3 PNO Tk VESTMG OGAZA, BOOK - DRAWN&%DATEL~~&ECKED DATE RECORDING DATE -BQOK-PA~E- m