HomeMy WebLinkAbout1971-04-06; City Council; 385; Agreement Installation Maintenance Weir Buena Vista LagoonTHE C I 1 OF CARLS B D,CALIF'ORNIA
Agenda Bill No.Date: April 6, L971
'Referred To:
Subject: .'<
Agreement for Installation & Maintenance
of Weir at the Mouth of the Buena V.ista Lagoon
Submitted By:
City. Engineer
Statement of the Matter
The Council has included $5,000 in the current budget for City participation
in" the' subject weir. The agreement (Exhibit '!) formalizes the payment
procedure and the responsibilities for maintenance. It also authorizes
the initiation of formal proceedings to adjust the mutual boundary between
Oceanside and Carlsbad westerly of 'the AT&SF. Railroad. The proposed
boundary, as shown on Exhibit "A" of Exhibit (1) , .follows the centerline
of a possible future drainage channel.
'The agreement has been executed by Nature Conservancy, City of Oceanside,
Army and Navy Academy and Nancy Keith Tenaglia.
Construction of the weir is now under way. It is scheduled to be completed
by May, 1971.
Exhibit
1) ' Agreement for Maintenance and Installation of Weir.
NOTE: Exhibit "A" thereto is attached separately and Exhibit "D"
is not included".
Staff Recommendations
Adopt a motion authorizing the Mayor and City Clerk to execute the subject
agreement on behalf 'of the City.
AS No. ' - Date: April 6, 1971
City Manager's Recommendation
Concur with recommendation of City Engineer.
Council Action
4-6-71 Authorization was given for the Mayor and City Clerk to execute
the Agreement for installation and maintenance of Weir, formalizing
the payment procedure and responsibilities for maintenance, and
authori zing'-ini tiation of formal proceedings to Adjust Mutual
Boundaries between Oceanside and Carlsbad, westerly of the AT&SF
"Railroad. It was agreed that the easements granted by the Army
& Navy Academy to the City in the past-for ingress and egress
be relinquished, as requested by CoV. Atkinson from the Army &
Navy Academy.
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•OMAS <H. SMITH III
!TY ATTOHN6V
>«« >«O fTMCCr
CCIMi»IOC, Olir.
AGREEMENT FOR INSTALLATION AND MAINTENANCE OF WEIR
THIS AGREEMENT is made and entered into as of the _//; #•
day of January, 1971, by and between the Nature Conservancy, a
non-profit corporation (hereinafter referred to as "Nature
Conservancy"), the City of Oceanside, a municipal corporation
(hereinafter referred to as ."Oceanside"), the City of Carlsbad,
a municipal corporation (hereinafter referred to as "Carlsbad"),
Nancy Keith Tenaglia (hereinafter referred to as "Tenaglia") and
Army and Navy Academy, Carlsbad, California, a non-profit corpora-
tion (hereinafter referred to as "the Academy");
WITNESSETH;
WHEREAS, the Buena Vista Lagoon (hereinafter referred to as
"the Lagoon") in northern San Diego County has been draining into
the Pacific Ocean by means of certain pipes which were located on
the property of the Academy in the location shown on the map
attached hereto as Exhibit A (hereinafter referred to as "the Map"
and ' ' ^'
WHEREAS, during 1970 those pipes were rendered unusable as
the result of an unusually severe storm; and
WHEREAS, in order to prevent both flooding and excessive
draining of the Lagoon, it has been proposed that a weir (herein-
after referred to as "the Weir"), be installed at the location
shown on the Map; and
WHEREAS, Nature Conservancy owns a portion of the Lagoon to
the East of the Atchison Topeka and Santa Fe Railroad right-of-w,
as shown on the Map; and
WHEREAS, Tenaglia and the Academy own portions of th'e Lagoon
and adjacent property to the west of said right-of-way as shown
on the Map; and
WHEREAS, 'the common boundary of Oceanside and Carlsbad bisects
the portion of the Lagoon westerly of said railway right-of-way;
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«AS W. SMITH III
* ATTORNEY
WHEREAS, the Academy is willing to permit Nature Conservancy
to cause the Weir to be installed on its property at the location
shown on the Map; and . .
WHEREAS, Nature Conservancy has entered into an agreement
with R. E. Staite Engineering, Inc., dated September 17, 1970 to
install the Weir in the location shown on the Map; and
WHEREAS, Carlsbad and Oceanside are willing to maintain,
operate and repair the Weir, not including, however, its recon-
struction," together with a channel westerly of the Weir as shown
on the Map (hereinafter referred to as "the Channel") in a condi-
tion that will allow water flowing over said Weir to readily drain
into the Pacific Ocean as set forth in the Easement Deed and In-
denture attached hereto as Exhibit B (hereinafter referred to as
"Easement Deed and Indenture"); and
WHEREAS, the Academy is willing to convey to Oceanside and
Carlsbad easements for the foregoing purposes as set forth in the
Easement Deed and Indenture; and •
WHEREAS, Tenaglia is willing to convey to Oceanside, and
Oceanside desires to accept, the right to use certain property
for ingress and egress to the Weir and the Channel for the above-
mentioned purposes, as set forth in the Easement Deed attached
hereto as Exhibit C (hereinafter referred to as "Tenaglia Easement
Deed"); and . '
WHEREAS, in conjunction with the foregoing, Tenaglia and the
Academy each desire to be assured that other parties hereto do not
claim on the basis of the conveyances and agreements concerned witi
the Weir installation, any right, title, or interest in or to thei
•property within and adjacent to the Lagoon, except with respect to
the use of water-covered portions of the Lagoon for drainage and
as otherwise expressly provided for herein as a result of the
»
easements and right granted by these conveyances and agreements.
WHEREAS, the Academy intends to transfer to Tenaglia the land
designated "Acquisition Parcel" on the Map; and
WHEREAS, in connection with all the foregoing, the parties
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'** W. SMITH III
* ATTORNEY
* >*t>lr»tcr
••"•««. c»t)r.
'"<>«« lU-tu*
hereto desire to relocate certain portions of the common boundary
of Oceanside and Carlsbad to the location shown on the Map; and
NOW, THEREFORE, for and in consideration of the foregoing
premises, the mutual covenants contained herein and other consi-
deration, the receipt and adequacy of which are hereby acknowledged
the parties hereto do hereby agree as follows:
1. Construction of the Weir. Nature Conservancy shall use
its best efforts to cause the Weir to be constructed in•
the location shown on the Map in accordance with said
contract between R. E. Staite Engineering, Inc. and
Nature Conservancy dated September 17, 1970 and in accord-
ance with the plans attached hereto as Exhibit D.
2. Permission for Installation of Weir.
The Academy and Tenaglia agree to provide reasonable
access to the Nature Conservancy and to their agents and
contractors for the purpose of installing the Weir in
accordance with paragraph 1 hereof, for a period terminat-
ing May 1, 1971.
3. Relocation of Boundaries of Cities. .
• -
(a) Tenaglia as owner of all of the lands described in
Exhibit E hereto and designated "Annexation Parcel A" on
the Map does hereby request, and consent to, the detach-
ment of said lands from the City of Oceanside and their
concurrent annexation by the City of Carlsbad pursuant
to Section 35000, et seq. of the Government Code.
(b) The Academy as owner of all of the lands described
in Exhibit F hereto and designated "Annexation Parcel B"
on the Map, and Tenaglia as proposed purchaser thereof,
do hereby request and consent to the detachment by the
City of Oceanside pursuant to said Section 35000, et seq.
of the'Government Code.
Oceanside and Carlsbad hereby agree to forthwith
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•MAS W. SMITH III
TV ATTOHNEY
rw l«Dit««ei
:<A*ltOt. CAM'.
oxoxt m-iM«
make application to the Local Agency Formation Commission
requesting that said commission approve the abovemention-
ed annexations and detachments without "notice and hearing
irt accordance with Section 54797.1 of the Government Code
4. Execution of Deeds and Agreements. Forthwith upon the
completion of the installation of the Weir in accordance
with paragraph 1 above, (a) Oceanside, Carlsbad and the
Academy shall date and execute the Easement Deed and
™ *
.Indenture, cause their signatures to be acknowledged and
cause said document to be recorded in the Official Record
of San Diego County; and (b) Tenaglia and Oceanside shall
date and execute the Tenaglia Easement Deed, cause their
signatures to be acknowledged, and cause said document
to be. recorded in the Official Records of San Diego Count
5. Disclaimer of Rights and Interests. .
(a) With respect to Tenaglia*s property, designated as
such on the Map, the other parties hereto do hereby
acknowledge and agree that they on the basis of the con-
veyances and agreement concerned with the Weir installa-
tion, do not claim any title or interest therein or
thereto, for themselves or on the behalf of others,
except with respect to an easement for the purposes of
Weir access and maintenance in the location shown on the
Map with respect to drainage within the water-covered
portions of the Lagoon and as otherwise expressly provid
in this Agreement and the documents to be executed pursu-
ant hereto. •.._.•
The other parties hereto hereby acknowledge and
agree that they have no right, title or interest in
or to the pipes designated "Tenaglia Pipes" on the
Map or lands underlying the same
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S W. SMITH III
ATTORNEY
for any purpose whatsoever, including, but not limited
to, the use thereof for drainage. Further, the parties
acknowledge and understand that Tenaglia presently
intends to remove said pipes.
(b) With respect to the Academy property, designated as
such on the Map, the other parties hereto do hereby
acknowledge and agree that they do not claim, on the
basis of the conveyances and agreements concerned with
*the Weir installation, any right, title or interest
therein or thereto, for themselves or on the behalf of
others, except with respect to drainage within the water-
covered portions of the Lagoon and as otherwise expresslj
provided in this Agreement and.the documents to be exe-
cuted pursuant hereto, and as provided in the Agreement
between the Academy and Tenaglia providing for the
acquisition of a portion thereof by Tenaglia.
6. Disclaimer of Obligations.
The parties hereto do hereby acknowledge and agree that
(a) no party hereto has or shall have any duty to main-
tain, operate, repair, replace or reconstruct the Weir,
to maintain the Channel or to establish or maintain the
level of the Lagoon except as expressly set forth herein
or in the documents to be executed pursuant hereto; and
."•'t (b) the parties hereto in performing under this Agreement
shall not be deemed to be joint venturers or partners.
7. Insurance.
Nature Conservancy agrees that it will hold "Tenaglia"
and "Academy" harmless from any loss or damage arising
from injury to person or damage to property arising from
the activities of R. E. Staite Engineering, Inc. in
installing and constructing the Weir in the Easement
lands. "Carlsbad" and "Oceanside" agree that they will
hold "Tenaglia" and "Academy" harmless from any loss or
* « • •
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arising from injury to person or damage to property
arising from the activities of employees of either City
in maintaining the Weir and the Channel westerly thereof
providing drainage of waters from the Buena Vista Lagoon
to the Pacific Ocean.
This' Agreement shall be binding on and inure to the benefit
of the heirs, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this"
agreement as of the date and year first hereinabove set forth.
THE NATURE gpNSERVANC
a non-profit corporation
City Clerk /
Attes t
f
: y I* .*/£&.
if
A
CITY OF OCEANSIDE
a municipal corporation
or/xMay
CITY OF CARLSBAD
a municipal corporation
ARMY AND NAVY ACADEMY, -
A non-profit corporation"- . ^/"-
\\XAA. cu^ rytu. | m> mAxQua £*
MSSCY KOTH TENAGLIA 1
SMTH I
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THOMAS W. SMITH 111
CITY ATTORNEY
70* 3RD STREET
OCCAHSIOE. CAU'.
TELEPHONE 722-&M8
JOINT POWERS AGREEMENT FOR MAINTENANCE OF WEIR
AND CHANNEL, BUENA VISTA LAGOON
THIS AGREEMENT entered into this day of ,1971,
by and between the City of Oceanside, a municipal corporation,
hereinafter referred to as "Oceanside", and the City of Carlsbad,
a municipal corporation, hereinafter referred to as "Carlsbad":
WITN. ESSETH:
WHEREAS, a non-profit corporation, Nature Conservancy,
proposes to build a Weir dam in the area of the Buena Vista Lagoon
where the waters of the lagoon drain into the Pacific Ocean; and
WHEREAS, Oceanside and Carlsbad propose to maintain the Weir,
in a state of repair and to keep the channel westerly of the Weir
to the Pacific Ocean open so that waters draining over the Weir
can drain freely into the Pacific Ocean for the purpose of main-
taining a water level in the lagoon and allowing free passage of
the drainage waters passing over the Weir; and
WHEREAS, Oceanside and Carlsbad are cities of the State of
California, empowered under the provisions of Government Code,
Section 6500 et seq. to jointly exercise their common powers by
entering into an agreement to exercise these powers to maintain
facilities within their boundaries to protect water areas of the
communities and prevent flood damage;
NOW, THEREFORE, IT IS MUTUALLY AGREED by and between the
City of Oceanside and the City of Carlsbad as follows:
1, Oceanside and Carlsbad agree that they will jointly
inspect the proposed Weir to be constructed in the Buena
Vista Lagoon, and will maintain the Weir in a state of
repair from the effects of normal usage and normal wear
and tear and will maintain the channel westerly of the
Weir from the Weir to the Pacific Ocean, free of sand
and silt so that waters draining over the Weir can drain
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THOMAS W. SMITH HI
CITY ATTORNEY
7M 3RD STREET
QCCAMSlDE. CALIF.
722-U88
freely to the Pacific Ocean.
2. The parties hereto agree that the work of inspection and
maintenance of the Weir and said channel shall be done
by Oceanside employees under the supervision of the City
Engineer, reserving, however, to Oceanside the right
that Oceanside may call on Carlsbad for needed assistance
in doing this work.
3. The parties hereto will share equally the cost of labor,
equipment and materials needed to do the work of mainten-
ance of the Weir and the channel. Oceanside will keep
accounting records of the cost of the work performed, and
will provide a statement of costs and expenses showing
the details of the expense incurred for the work on
December 1 and June 1 of each calendar year for the
preceding six (6) months or portion thereof of the work.
Oceanside will bill Carlsbad for one-half the cost of
the work performed, pursuant to the statement rendered,
on January 1 and July 1 or each calendar year.
.4. The parties hereto agree and acknowledge that they have
no duty to rebuild the Weir and that the parties shall
share any cost or work of rebuilding the Weir only by
mutual agreement of the parties. Nothing herein, however
will prevent one party from rebuilding the Weir in the
event of a destruction or state of disrepair that causes
the Weir to be inoperative. However, such action on the
part of one party will not obligate the other party in
any manner to share in cost or work of rebuilding the
Weir. In any event, the design for any such rebuilding
shall be subject to the approval of both parties.
5. The parties hereto acknowledge that the Weir has been
designed by the Engineering Department of Oceanside and
the City Engineer of Oceanside will oversee the construc-
tion of the Weir by the proposed contractor, R. E. Staite
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THOMAS W. SMITH III
CITY ATTORNEY
TtM SNO STREET
OCEANSIDE, CALIF.
TELEPHONE 722- *&••
0
Engineering, Inc. to assure the parties that construction
of the Weir will conform to the proposed design.
6. The parties hereto agree that each shall contribute the
sum of Five Thousand Dollars ($5,385-67), to the cost of
construction of the Weir. Payment shall be made to
Nature Conservancy upon approval of construction by the
Oceanside City Engineer.
7. The parties hereto agree that in the event the City of
Oceanside and the City of Carlsbad are unable to provide
the needed manpower or equipment to maintain the channel
in an open state at any time, the parties or either of
them shall employ manpower and obtain equipment by rental
or other means, sufficient to clear the channel westerly
of the Weir to the Pacific Ocean and maintain it in an
open state, so that the waters from the said lagoon may
drain freely through the channel to the Pacific Ocean,
and shall have the work of channel clearance accomplished
IN WITNESS WHEREOF, the representatives of the parties
hereto have affixed their signatures this day of ,
1971.
CITY OF OCEANSIDE
Attest:
City Clerk By_
CITY OF CARLSBAD
Attest:
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3?.
And When Recorded Mail To:
* .Recorder's Use Only
IRS $
AFFIX
INTERNAL REVr.IUE STA1-IPS
HERE
. • EASEMENT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknow-
ledged, NANCY KEITH TEXAGLIA 'docs hereby GRANT to the City of
Oceanside, a municipal corporation, and the City of Carlsbad, a
municipal corporation, a non-exclusive easement to use the land
described in Exhibit I attached hereto and incorporated herein by
reference thereto, as a means of ingress and egress to and from
.the lands described in Exhibit II attached hereto and incorporated
herein by reference thereto for the purposes of (a) maintaining,
operating and repairing the Weir to be installed therein and (b)
maintaining the channel westerly of said VJeir, all within said
lands described in Exhibit II, in accordance with the provisions
of the Easement Deed and Indenture dated as of the ^/jj^ day of
, 1971 by and between Army and Navy Academy, the
City of Oceanside and the City'of Carlsbad.
. (77
STATE OF CALIFOll^A )
Loa Anpelcr. 35
on
in/and ior .saics
per:;<#na 1 ly appeared
bo the pernon s e_
within insf.rir.r.e-.it and ncknowlct!^,«.:a to 1,10 tunt
the .same. U'lTXi-ISS my hand and official r.cal.
, belrorc'me, thc_undersigned, a Notary
, County and State,
, known to nc to
} subscribed to the
executedhe
"1
Not'ary j'uj/JTc in and i.or :;aj.i
Connfv .-irul Sf:iCo.
' • ...EXHIBIT II to EXHIBIT C
•• . (only in Atkinson portion
to prop, channel)
- EASEMENT FOR INGRESS AND EGRESS
• • ' I -..lll.l—•—• •! .11111.-—I. .. I I I .1, .1 I.- - —... •»!! I I. ••• .••••>
All that portion of Lot "A", Granville Park as shown on Subdivision
Map No. 2037 in the County of San Diego, State of California lying
within a strip of land 20 in width, the centerline' of said 20^ strip
of land being more particularly described as follows:
Commencing at the intersection of the centerline of Pacific Street,
as said street is shown on Map No. 909 of Ocean Front Addition,
filed in the office of the County Recorder of said San Diego County,
with the Nor"th line of Lot 3 of Section 1, T12S, R5W, S.B.B.M.;
thence S 41°16' E along the Southeasterly prolongation of the said
centerline of PacificStreet 176.34'; thence S 48°44; W, 109.00' to
the beginning of a,69.40',radius curve concave Easterly; thence
Southerly along the arc -bf'^'said curve through a central angle 88° 17'
a distance of 100.00'; thence S 39°33' E, 440.02'; thence N 50°27'
.E 80.00 ' to'the beginning of a 50 foot radius curve concave South-
erly; thence Easterly along the arc of said curve through a central
angle of 90° a distance of 78.54'; thence S 39°33' E, 168.12' to the
-beginning of a 1084.92 foot radius curve concave Southwesterly; thence
Southeasterly along the arc of said curve through a central angle of
10°07'34" a distance of 191.74'; thence nontangent to said curve
5 Sr'SS'lO" W, 131.85' to a point oh a nontangent 954.92 foot radius
curve concave Southwesterly, the center of said curve bears S 61°49'01"
W from said point, thence Southeasterly along the arc of said curve
through a central angle of 0°37'59" a distance of 10.55'; thence S
27°33Y E, 405.57' to an intersection with the Southerly line of said
Lot 3, Section 1, said line also being the Northerly line of Lot "A",
Granville Park as shown on Subdivision Map No. 2037; said point being
Point "A" of this description, said point being also the TRUE POINT OF
BEGINNING; thence continuing S 38°48157" E 135.92. , „
' .--• ' -." -v,- ^~'^>-
- - .,-'-•"""
Parcel 2 - EASEMENT FOR DRAINAGE AND MAINTENANCE - WEIR SITE (basic
weir)
6 40* strip of land lying within said Lot "A" of Granville Park
Subdivision Map No. 2037, the centerline of said 40' strip of land
being more particularly described as follows: . ; •. .
Commencing at Point "A" hereinabove described in Parcel 1 of this
Exhibit; thence continuing S 38°48'57", E 115.00' to TRUE POINT OF
BEGINNING; thence continuing S 38°48'57" E .125' to the Southerly
terminus of said 40' strip of land.
Parcel 3 - EASEMENT FOR DRAINAGE AND MAINTENANCE - CHANNEL : (basic
channel
an 801 strip of land lying within said Lot "A" of Granville Park
Subdivision Map No. 2037, the centerline of said 80' strip of land
being more particularly described as follows: . ,
••-.. .-- "•"
Commencing at Point "A" hereinabove described in Parcel 1 of this
Exhibit; thence continuing S 38°48'57" E 175.92' to the TRUE POINT
OF BEGINNING; thence S 51°33'10" W to the mean high tide line of
the Pacific Ocean. . • .
Said easements are shown on City of Carlsbad Drawing No. 163-6, on file in
the office of the City Engineer. •
SIEST ron IKGRSSS AND ZG
All that portion of Lot 3 of Section 1, T12S, R5W, S.B.B.M. in the City of
Oceansids, County of San Diego, State of California lying v;ithin a strip of
land 20 feet in width, the centerline of said 20 foot strip of land being
more particularly described as follows: •.'.-'.'. ' ,.
Commencing at the Intersection of the centerline of Pacific Street, as
said, street is snown on Map No. 909 of Ocean Front Addition, filed in
the office of the Count.-- Recorder of said Can Diego Count/, with the North
line of Lot 3 of Section 1, T12S, R5W, S.B.B.M.; thence S 41e16' E along th2
Southeasterl, prolongation of the said centerline of Pacific Street 176.34';
thence S 43°44' T.7, 109' to the beginning of a(69 .40', radius curve cor.cavo
Easterly ther.ce southerly alor.g the arc ..of'said^curve'/'through a central
angle 33° 17' a distance of'1001; ther.ce S 39°33' E, 440.02'; thence N 5_0^27'
80' to the beginning of a 50 foot radius curve concave Southerly; thence
Easterly along the arc of said curve through a central angle of 90° a cistnn:
of 73.54'; thence S 39°33'E, 163_."12' to the beginning of a 10_84.92 foot raci-.
curve"~concave Southwesterly; ther.ce Southeasterly alor.g the arc of said curv:
through a central angle of 10°07'34" a distance of 191.74'; thence nor.tar.gon:
to said curve S 51°33'10" W, '13J...351 to a point on a"~ncntar.gent 95_4.92 fc.ot
radius curve concave Southwesterly, the center of. said curve bears S 61°49'0:
from said point; thence Southeasterly along the arc of raid curve through a
central angle of 0°37'59" a distance of 10.55'; thence S 27°33' E, 405. «?7« f
an intersection with the Southerly line of said Lot 3, Section 1, said lir.o
"also being the Nortnerly line of Lot "A", Granville Park as shewn on Sub-
division Map :;o. 2037. .. . - .....
Said eas^mentsnare shown on. City of CarVsbad Drawing No. 163-6,/on file in
the office.of the City Engineer.. • -' • '/ :" .
BEST
ORIGINAL
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AFFIX
INTERNAL REVENUE STAMPS
HERE
. EASEMENT DEED AND INDENTURE
THIS DEED AND INDENTURE is made and dated as of the day
Of t 1971, by and between Army and Navy Academy,
Carlsbad, California, a non-profit corporation (hereinafter
referred to as "the. Academy") and the City of Carlsbad, a muni-
cipal corporation (hereinafter referred to as "Carlsbad") and
the City of Oceanside, a municipal corporation (hereinafter
referred to as "Oceanside");
W I T N E S S E T H:
WHEREAS, the parties hereto entered into an agreement dated
So *^ * 1971, which provided in part that.the Academy
would convey to Oceanside and Carlsbad, and Oceanside and Carlsbad!
would accept, an easement covering the lands described in Exhibit !
I, attached hereto and incorporated herein by reference thereto, j
(hereinafter referred to as "the Easement Lands") for the purposes-.
of maintaining, operating and repairing the weir (hereinafter
referred to as "the Weir") to be installed pursuant to said
agreement and for the maintenance of the channel westerly thereof :
to the Pacific Ocean (hereinafter referred to as "the Channel");
WHEREAS, Oceanside and Carlsbad are willing to maintain,
operate and repair (but not reconstruct or replace) the Weir and
maintain the Channel;
•
NOW, THEREFORE, for and in consideration of the foregoing
premises, the mutual covenants contained herein, and other good
and valuable consideration, the receipt and adequacy of which is
-1-
Exhibit B T: r
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THOMAS w. WITH III
tllV AT10IOICYHt inn tix i t
«i»«mior. c«u».
ORIGINAL
hereby acknowledged, the parties hereto do hereby agree as foil
'
1. The Academy does hereby grant to Oceanside and Carlsbad '
a non-exclusive easement in, over and through the Easement Lauds
for the purposes of maintaining, operating and repairing the Weir
and keeping the Channel open for water flow westerly thereof to
the Pacific Ocean in order to maintain, to the extent possible,
the water of the Lagoon at a plane at the height of the top of
•
the Weir, as constructed, and to permit the waters of the Lagoon
above said plane to flow over said Weir and into the Pacific Ocean;
RESERVING AND ACCEPTING, however, to the Academy, its succes-
sors and assigns, all other rights and interests in the Easement
Lands, including but not limited to the right to use the Easement
Lands for all uses and purposes whatsoever which does not conflict
with the maintenance, operation and repair of the Weir, and the
Channel as provided above.
2. Oceanside and Carlsbad shall jointly and severally main-
tain, operate, and'repair, but shall not be obligated to replace
•
or reconstruct, the Weir in order to maintain, to the extent
possible, the water of the Lagoon at a plane at the height of the
top of the Weir as constructed and shall maintain the Channel
f
westerly of the Weir in order that the waters flowing over the
Weir may readily drain into the Pacific Ocean. Said covenants
are made for the benefit of all of the parties to said Agreement.
3. It is acknowledged and understood that the Academy and
its successors and assigns shall have no obligation or duty to
repair, maintain, operate, replace or reconstruct the Weir or to
maintain the Channel. .
4. It is expressly stated, understood and acknowledged by
. all parties hereto that the easement granted hereby shall not be
*
used in any manner to import water from the Pacific Ocean or from
any other source to or into the Buena Vista Lagoon,
5. The terms "the Academy", "Oceanside" and "Carlsbad"
• • • • • *
-2-
Exhibit B /
c
• whenever used herein shall include, and all the terms
" • *
and provisions hereof shall bind and inure to the benefit of
their respective successors and assigns.
IN-WITNESS I-niEREOF,. the parties hereto have'executed this
Deed and Indenture as of the date first set forth above.
CG &
CITY OF OSESNSIDE
Mayor d*nj2-
Attes t i
ARMY MID NAVY ACADEI-IY
Carlsbad, California
a non-profit corporation
CITY OF
By
t£-
uty Clerk?
••••.,„.-3-
Exhibit B
BEST
ORIGINAL
-- "V.., ;:V#.., --••'-' =• " •• - •'. -., *~"*^"-^- •,:-;•*.•
•-•"'• EXHIBIT 1 TO EXHIBIT -B
1 - EASEMENT FOR INGRESS AND EGRESS
All that portion of Lot "A", Granville Park as shown on Subdivision
• .^p NO. 2037 in the County of San Diego( State of California lying
within a strip of land 2Cr in width, the center line of said 2(r strip
of land being more particularly described as followsr
Commencing at the intersection of the centerline of Pacific Street,
as said street is shown on Map No. 909 of Ocean Front Addition, filed
in the office of the County Recorder of,said San Diego County, with
<the North line of Lot 3 of Section 1, T12S, R5W,-S.B.B.H.; thence
S 41°16' E.along the Southeasterly prolongation of the said centerline1 of Pacific Street 176.34'; thence S 48°44Y W, 109.00' to the beginning
of a_69.40r radius curve concave Easterly; thence Southerly along the
arc of said curve through a central angle 88°17' a distance of 100.00';
.thence S 39°33' E, 440.02'? thence N 50°27' E 80.00' to the beginning
of a 50 foot radius curve concave Southerly; thence Easterly along the
arc of said curve through a central angle of 90° a distance of 78.54';
thence S 39°33' E, 168.12' to the beginning of a 1084.92 foot radius
curve concave Southwesterly; thence Southeasterly along the arc of said
curve through a central angle of 10007'34" a distance of 191.74'; thence
.nontangent to said curve S 51°33f-10"-W, 131.35' to a point on-a nontangent
954.92 foot radius curve concave Southwesterly, the center of said curve
bears S 61°49'01" W from said point; thence Southeasterly along the arc
of said curve through a central angle of 0°37'59" a distance of 10.55';
thence S 27°33' E, 405.57f to an intersection with the Southerly line
of said Lot 3, Section 1, said line also being the Northerly line of
Lot "A", Granville Park as shown on Subdivision Map No. 2037; said point
being Point "A" of this description, said point being also the TRUE POINT
OF BEGINNING; thence continuing S 38°48'57" E 135.92Y.
Parcel 2 - EASEMENT FOR DRAINAGE AND MAINTENANCE - WEIR SITE
A 40f strip of land lying within said 'Lot "A" of Granville Park
Subdivision Map No. 2037, the centerline of said 40' strip of land
being more particularly described as follows:
Commencing at Point "A" hereinabove described in Parcel 1 of this
Exhibit; thence continuing S 38°48'57" E 115.00' to the TRUE POINT
OF BEGINNING; thence continuing S38°48'57" E 125' to the Southerly
terminus of said 40* strip of land.
Parcel 3 - EASEMENT FOR DRAINAGE AND MAINTENANCE - CHANNEL
A 80* strip of land lying within said Lot "A" of Granville Park
Subdivision-Map No. 2037, the centerline of said 80' strip of land
being more particularly described as follows:
Commencing at Point "A" hereinabove described in Parcel 1 of this
Exhibit; thence continuing S 38°48'57" E 175.92' to the TRUE POINT
OF BEGINNING; thence S 51*33'10" W to the mean high tide line of
the Pacific Ocean. '