HomeMy WebLinkAboutSanders, Cedric E; 1984-05-14;k
AGREEMENT
This Agreement made as of this 14 day of May, 1984, by
and between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal Water
district organized and existing under the Municipal Water District
Law of 1911, as amended, hereinafter for convenience referred to as
"DISTRICT", and CEDRIC E. SANDERS, a married man who has acquired
the property hereinafter referred to as his sole and separate pro-
perty, hereinafter for convenience referred to as "SANDERS".
Rec i tals:
WHEREAS, the DISTRICT desires to develop a terminal reser-
voir known as the IITr i-Agencies Pipeline Terminal Reservoir", here-
inafter "TAP Reservoir", on property owned by both the DISTRICT and
SANDERS; and
WHEREAS, SANDERS is also the owner of property adjacent to
the TAP Reservoir site; and
WHEREAS, the DISTRICT currently owns easements for access,
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overflow, drainage and water pipeline purposes over SANDERS' "adja-
cent property" , hereinafter referred to as "permanent easements" ;
and
WHEREAS, SANDERS is in the process of developing his adja-
cent property; and
WHEREAS, the final approvals from the City of Carlsbad have
not yet been secured by SANDERS for the development of the adjacent
property; and
WHEREAS, the DISTRICT will require additional new perman-
ent easements over SANDERS' adjacent property: and
WHEREAS, SANDERS' adjacent property will be designed for
development so that all new permanent easements over SANDERS' adja-
cent property will be located on public or private streets: and
WHEREAS, SANDERS and the DISTRICT have negotiated concern-
ing the acquisition of the TAP Reservoir Site, its design, its con-
struction, its landscaping and its maintenance by the DISTRICT; and
WHEREAS, SANDERS is willing to obtain partial reconveyances
and/or subordination agreements from present holders of encumbrances
on property to be conveyed by SANDERS to the DISTRICT: and
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WHEREAS, the DISTRICT requires that any new permanent ease-
ments be conveyed with subordination agreements or on free and clear
land so that the DISTRICT will eventually be able to obtain a title
policy insuring that the TAP Reservoir Site and permanent easements
are free and clear of encumbrances (other than for such permanent
easements that are located in public streets); and
WHEREAS, the parties desire to enter into an agreement for
the acquisition by the DISTRICT of the portion of the TAP Reservoir
site now owned by SANDERS and for any necessary easements under
terms and conditions agreeable to the parties.
NOW, THEREFORE, in cons iderat ion of these rec i tals and mu-
tual covenants contained herein, DISTRICT and SANDERS agree as fol-
lows :
1. Upon execution of this Agreement, the DISTRICT shall
execute a Ouitclaim Deed, attached hereto as Exhibit "A", (current
reservoir site) and shall deliver it immediately to Safeco Title
Insurance Company under Order No. H-648606.
2. Upon execution of this agreement, SANDERS shall exe-
cute and deliver a Grant Deed, attached hereto as Exhibit "B", (TAP
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Reservoir Site) and shall deliver it immediately to Safeco Title In-
surance Company under Order No. H-648606.
3. Both parties shall deliver the deeds to Safeco Title
Insurance Company with written instructions to immediately record
the two deeds set forth in "1" and "2" above as soon as they are re-
ceived by a concurrent recording in the following priority:
1. DISTRICT'S Quitclaim Deed;
2. SANDERS' Grant Deed.
4. On or before July 1, 1984, SANDERS shall execute, ac-
knowledge and deliver an Easement Deed to the DISTRICT for any neces-
sary permanent easements for access to the TAP Reservoir Site, an
easement for overflow and drainage from the TAP Reservoir Site and
easement for pipelines and appurtenant facilties. These permanent
easements will be limited to proposed public or private streets. on
proposed development of SANDERS' adjacent property. Such permanent
easements shall be drawn to the satisfaction of SANDERS' engineer,
CHARLES W. CHRISTENSEN & ASSOCIATES.
5. Upon completion of the new permanent pipelines and ap-
purtenent facilities, which is now scheduled for completion approxi-
mately January 1, 1985, the DISTRICT shall duly execute, acknowledge
and deliver a Ouitclaim Deed concerning any existing permanent pipe-
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line easements owned by the DISTRICT over SANDERS' adjoining proper-
ty *
Upon completion of the TAP Reservoir and its appurtenant
facilities, which is now scheduled for completion approximately June
1, 1985, the DISTRICT shall duly execute, acknowledge and deliver a
Ouitclaim Deed concerning an existing permanent easement for access
to the existing reservoir site and any easement for overflow and
drainage from the existing reservoir site.
In the event SANDERS' should file a final map for re-
cordation on SANDERS' adjacent property prior to the time that the
DISTRICT has quitclaimed any existing easements on SANDERS' adjacent
property to SANDERS, DISTRICT agrees to join in the execution of any
final maps to cover its ownership interest in the existing permanent
easements on SANDERS' adjacent property.
6. On or before May 1, 1985, the DISTRICT shall complete
at its sole cost and expense the removal of the existing one million
gallon regulating reservoir located on that site described in Exhi-
bit *B" and shall complete at its sole cost and expense, design,
construction and landscaping a new six million gallon concrete tank
on the new TAP Reservoir Site as described in Exhibit "B".
7. The DISTRICT shall, not later than July 1, 1984, design
the six million gallon reservoir at its sole cost and expense, in-
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cluding all necessary civil engineering, soils engineering and other
costs. The reservoir shall be designed and be located on that pro-
perty described in Exhibit IIB" to this Agreement and shall generally
conform to Alternate A shown on Plate 2 and 4 of Woodside, Kubota &
Associates' report of February, 1984, to the Costa Real Municipal
Water District for the proposed Tr i-Agenc ies Pipel ine Terminal Re-
servoir, as approved by the Board of Directors of the Costa Real Mu-
nicipal Water District on March 7, 1984, at 2:OO p. m., at the DIS-
TRICT'S headquarters.
8. The DISTRICT covenants that the reservoir to be con-
structed will be a concrete reservoir substantially similar to that
reservoir previously designed by Woodside, Kubota & Associates for
the LA COSTA HI Reservoir concrete tank as shown on Sheet 11 of 22
and as approved by the Board of Directors of the Costa Real Munici-
pal Water District on December 21, 1983.
9. The DISTRICT shall hold SANDERS harmless from any and
all 1 iab il i ty , costs , damages, demands, act ions, causes of act ion,
known or unknown, including without limitation, any claim or demand
before any court, administrative body, public agency or other body
which may now or hereafter claim, arising out of the construction,
design, operation and maintenance of the reservoir and reservoir
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site and/or the condition of the real estate being conveyed to the
DISTRICT by SANDERS.
10. The DISTRICT represents to SANDERS that they have made
their independent analysis of the suitability of the site for its
intended purpose and agrees to hold SANDERS, his successors, he irs
and assigns harmless from any and all liability arising out of the
design, construction, maintenance or operation of the six million
gallon reservoir on the reservoir site described in Exhibit "B".
The DISTRICT warrants that it is accepting the reservoir site "as
is", and without warranty, either implied or express.
11. SANDERS shall take any and all necessary steps to se-
cure partial reconveyance and/or subordination agreements concerning
the TAP Reservoir Site and any new permanent easements that are
granted to the DISTRICT.
12. The DISTRICT shall cause the reservoir site to be land-
scaped in accordance with final landscaping plans approved by SAN-
DERS. These landscaping plans shall include concrete crib walls,
irrigation plans and the landscaping shall be acceptable to the City
of Carlsbad.
13. The DISTRICT shall, at its sole cost and expense, cause
said landscaping plans to be prepared and submitted to SANDERS for
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his approval on or before July 1, 1984. SANDERS shall not unreason-
ably withhold approval of the landscaping plans. SANDERS shall ap-
prove or disapprove said plans within fifteen (15) days of submittal
by the DZSTRICT. Should SANDERS fail, omit or neglect to file ap-
proval or disapproval of said plans within fifteen (15) days of sub-
mittal by the DISTRICT, the said plans shall be deemed approved.
14. The DISTRICT shall furnish SANDERS a valuation of the
property being conveyed by SANDERS to the DISTRICT, including the
value of any new permanent easements being conveyed by SANDERS to
the DISTRICT.
15. All costs concerning this transfer of property to the
DISTRICT shall be borne by the DISTRICT, including costs of title
policies, if any, required by the DISTRICT. The DISTRICT shall also
bear all the costs for engineering of the reservoir site and reser-
voir tank, costs of construct ion, includ ing construct ion s tak ing
concerning said tank. In addition, the DISTRICT shall, at its sole
cost and expense, repair and maintain the reservoir and reservoir
site, including all landscaping.
16. The DISTRICT, through its engineer, shall also cause to
be processed through the City of Carlsbad, such documents as are re-
quired to create a legal parcel for the property being conveyed by
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SANDERS to the DISTRICT. It is the intent of the parties in convey-
ing the property set forth on Exhibit "R" to the DISTRICT to comply
with the terms and conditions of Government Code Section 66426.5.
The DISTRICT agrees to hold SANDERS harmless from any and all lia-
bility arising out of the conveyance of the reservoir site to the
DISTRICT from a metes and bounds description.
17. The DISTRICT agrees to consent to SANDERS' request and
application with the City of Carlsbad for a 1913-1915 Act Improve-
ment for the construction of improvements within the Calavera Hills
Master Plan Area.
18. The parties agree that no formal escrow need be used to
convey title as set forth in this Agreement.
19. Each of the parties hereto agrees to execute any and all
add it ional documents necessary or appropr iate to carry out the terms
and conditions of this Agreement.
20. The DISTRICT agrees that SANDERS shall have water
city for all of his dwelling units to be located on SANDERS'
cerrt property within the Calavera Hills area at the time water ser-
vice is requested by SANDERS, regardless of the actual date of con-
struction and completion of the TAP Reservoir, which is the subject
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of this Agreement. Upon SANDERS' request, the DISTRICT agrees to
provide SANDERS with any and all letters or documents required by
the City of Carlsbad or other entities necessary to verify availa-
bility of water from the DISTRICT under the terms and conditions set
forth here in.
Nothing herein shall require the DISTRICT to support
any amendment to the xi ting Master Plan of the Calavera Hills area
p operty or any amendments to the Gen aL Plan
JAerty L"
on SANDERS' -adj a/'
of the City of Carlsbad in reference to SANDERS' -ad-*
21. These covenants, conditions and restrictions set forth
in this Agreement shall inure to the benefit of heirs, successors
and assigns of each of the parties hereto.
22. In the event it is necessary to institute legal pro-
ceedings to enforce or interpret the terms of this Agreement, the
prevailing party in a court of competent jurisdiction shall be en-
titled to reasonable attorneys' fees, costs of suit and expert wit-
ness fees, if any.
23. The parties to this contract agree that time is of the
essence in the performance of the covenants set forth herein.
24. Each party to this Agreement acknowledges and agrees
that it has been represented by independent counsel of its own
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choice throughout the drafting of the Agreement and that it has ex-
ecuted the Agreement with the consent and upon the advice of said
independent counsel.
25. This Agreement shall be governed and by virtue of the
laws of the State of California.
26. Whenever the context so requires, the singular number
shall include the plural, the plural shall include the singular and
the masculine gender shall include the feminine and neuter genders.
27. If any provision of this Agreement is held to be ille-
gal or invalid by a court of competent jurisdiction, such provision
shall be deemed to be severed and deleted, and neither such provision
nor its severance and deletion shall affect the validity of the re-
main ing prov is ions.
28. This Agreement memorializes and constitutes the entire
agreement and understanding be tween the parties here to, and super-
sedes and replaces all prior negotiations, proposed agreements and
agreements, whether written or unwritten concerning the subject mat-
ter of this Agreement.
29. Each of the parties to this Agreement acknowledges that
no other party, agent nor attorney of any other party, has made any
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promise, representation or warranty whatsoever, either express or
implied, which is not expressly contained in this Agreement, and
each party further acknowledges that it has not executed this Agree-
ment in reliance upon any collateral promise, representation or war-
ranty, or in reliance on any belief as to any fact not expressly re-
cited in this Agreement.
30. By the execution of this Agreement both parties agree,
acknowledge and represent that they are authorized to execute this
Agreement and, in the case of the DISTRICT, that it has executed
this Agreement pursuant to authorization of the Board of Directors
of the Costa Real Municipal Water District.
IN WITNESS WHEREOF, the parties have set their signature as
of the day and year first above written.
DISTRICT SANDERS
COSTA REAL MUNICIPAL WATER
DISTRICT, A Mun ic ipal Water District
I
M. ALMACK
President
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PI biOODSIDE/KUBOTA & ASSOCIATES
.,E CARLSBAD CA 92008-0190
P.O. BOX 1095
.E 1.10, 14-648606 PROJECT !IO. CMWD 82-1(,9
l~Y)ll A VAI,IIAIII,I-: COXSI l~l~~l~A*l~lOY, rcccijil of which is Iicrclty ii~kir~~~,.l~!~l~c~l,
COSTA REAL I4UNICIPAL NITER DISTRICT, successor in interest to
CRRLSBAD MUNICIPAL blATER DISTRICT
does , licrcliy rcrniw. rclcnsc ai111 lorcvcr qiii\i.lairn IO
CEORIC E. SANDER<, a married man, as his sole and separate property
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THAT PORTION OF LOT "D" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF SAN DIEGO,
STATE OF CALIFORNIA, ACCORDING TO PARTITION tVd' 140. 823 FILED IN TllE OFFICE
OF THE COUNTY RECORDER OF SAFI DIEGO COUNTS, ON NOVE145ER 16, 1896, GRANTED
BY DOCUMENT RECORDED ON JANUARY 9, 1967, AS FILE/PAGE NO. 2637, DEIMG I4ORE
PARTICULARLY DESCRIBED IN ATTACHED EXttIBIT "A".
DATED: APRIL 18, 1984
STATE. OF CALIFORNlA )
,I I ,, I,. 81
i'l'.!i'L' ' ." , 19 d' yicfore me: the undersigned, ii f4otar.y Public in and3or sqCounty and State,. p6Eonally appearcd 1
known, to nr I to be thc! --.- . .Secretary -- II ' - of thc~&-l~c~~n~6-hat executed the \Ji,thii instrunicnF, known to me. to be thcpcrsor!(s) vi110 executed 'the within instrument on tlchalf of the! Publ ic Ayency therein namcd, and acknovilcdgcd to tnc ths t such Publ ic
On /&: -_I----
known to nn!',to b~~~t.~~C'''>ys~_dggt 1 '1 , ,and Fred bl. Msci-klc 9
Nor-titan - -._I M. ___ Alrnack
Agency, cxccuted or a resolution of 1 ts
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.,,lA,,r puBLlc-c41110pNl~ niy hand ,and official sea 1.
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EXHIBlT ''A"
THAT PORTION OF LOT 'IO" OF RANCHO AGUA HEDIONDA, IN THE COUNTY OF
SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO PAHTITIOf4 MAP NO. 823
FILED IN THE OFFICE OF THE COUNTY RECORUER OF SAN DIEGO COUNTY, ON
NOVEMBER 16, 1096, DESCRIBED AS FOLLOHS:
BEGINNING AT POINT 4 OF LOT I'D" AS SHOWN ON SAID PARTITION MAP NO.
823; THENCE NORTH 01'46'56" EAST 2637.98 FEET TO POINT 5 OF SAID
LOT "0"; THENCE' NORTH 65'57 '53" WEST 10.38 FEET; THENCE tlORTH
24"02'07" EAST 427.94 FEET; THENCE NORTH U5'14'26" EAST 287.60
FEET; THENCE NORTH lU"U2'37" EAST 497.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 71"57'23" WEST 70.00 FEET; THENCE
NORTtI 18'02'37" EAST 16'5.00 FEET; THENCE SOUTH 71'57'23" EAST
145 .UO FEET; THENCE SOUTH 18"02'37" NEST 165.00 FEET; THENCE
NORTH 71'57'23" AEST 75.00 FEET TO THE TRUE POINT OF BEGIHNLNG.
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CONTAlNlNG 0.55 ACRES.
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b1WD U2-109 QUITCLAIM
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[PORTION OF
A. I? N. (68 - 040-15)
2 34 ACKS
FOR INFORMATION ONLY
PLAT TO IUJSTRAIE
L €GAL DESCRlPTiON
> WHEN R'ECORDED MAIL &iIG DE€@ AND. UNLESS OTHER I7 BliOWN DELOW. MAIL TAX BTATLMENTS TO:
r -1 ""' WOODSlDE/KUBOTA & ASSOCIATES
11L#D P.O. BOX 1095
17 CARLSBAD CA 92008-0190 .ATE L J
2 Order No. H-648606 CMWD 02-109
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- SPACE ABOVE THIS LINE FOR RECORDER'S USE -
The undersipcd clcclarcs thnt the tlorumcntory lronslcr tox is 8. ................................................................................ and is
0 0
tcwcmrtits or really is located in
corr~i~riled on the full vnliie of Ilir irilercst or propcrly cotireycd, or is
cornl)uIed on ~hc frill ialrir less 1110 villuc of liens or encunibrnnces remaining thereon nt the lime of sale. The lond,
unincorporoted area a city o[ .................... C.?.r! shad ............................................................. nnd
FOR A VALUABLE CONSIDEI~AI'ION, receipt of which is hereby acknowledged,
,'
CEORIC E. SANDERS, a married man, as his sole and separate property
hereby GllANI'(S) to
COSTA REAL MUNICIPAL WATER DISTRICT
the Iollowing described real propcrty in he City of Carlsbad
COUII~~ of jC San Diego , stale of Calilornia:
THAT PORTlON OF LOT "U" OF RANCHO AGUA HEDIONDA, IN THE CITY OF CARLSBAD,
COUNTY OF SAN OIEGO, STATE OF CALIFORNIA, ACCORDING TO PARTITION MAP NO.
823 FILED IN TliE OFFICE OF THE COUMTY RECORDER OF SAfl DIEGO COUNTY, NOVEMBER 16, 1896, MORE PARTICULARLY DESCRIBED IN ATTACHED EXHIBIT "A".
I Sipnrlure of Notory
E3HlBlll 'b
__ ___- CEDRIC E. SANDERS
.............. - ...........
FOR NOTARY SEAL OR STAMP
Ac.wswi". J'atwl KO. ...........................................
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EXHIBIT "A"
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I THAT PORTION OF LOT 'ID" OF RANCHO AGUA HEDIONDA, IN THE CITY OF
CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
. PARTITION MAP NO. 823 FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
COMMENCING AT POINT NO. 5 OF LOT I'D" AS SHOWN ON SAID PARTITION
MAP NO. 823; THENCE NORTH 13'27'35'' WEST 1079.76 FEET; THENCE
, NORTH 76'32'25"'EAST 541.71 FEET TO THE WESTERLY CORNER OF LAND DESCRIUED IN DEED TO TllE CARLSBAD MUNICIPAL WATER DISTRICT
RECORDED JANUARY 9, 1967, UNDER FILE/PAGE NO. 2637, SERIES 8,
HOOK 1967, O.R.; THENCE SOUTH 72"06'54" EAST 145.14 FEET TO THE
SOUTHERLY CORNER OF SAID CARLSBAD MUNICIPAL NATEIt DISTRICT LAND,
A RADIAL LINE TO SAID POINT BEARS SOUTH 12'10'00" EAST, AND BEING
ALSO THE TRUE POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 05'54'43" AN ARC DISTANCE OF
12.64 FEET; THENCE TANGENT TO SAID CURVE SOUTH 83'44'43" WEST
63.67 FEET TO THE BEGINNING OF A TANGENT 20.00-FOOT RADIUS CURVE
CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 74"20'09" AN ARC DISTANCE OF 25.95
UElNG A POINT ON A 122.50-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY,
FEET TO THE BEGINNING OF REVERSE 130,OU-FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 18"49'51" AN ARC DISTAflCE OF 42.73 FEET TO THE
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 298'35'00" AN ARC
DISTANCE OF 638.38 TO THE TRUE POINT OF BEGINNING,
BEGINNING OF A REVERSE 122.50-FOOT RADIUS CURVE; THENCE CLOCKWISE
CONTAINING 1.10 ACRES.
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"CMWD 82-109 GRANT DEED
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