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HomeMy WebLinkAbout1978-04-18; City Council; 910-13; Community swim pool Deed AmendmentCITY OF CARLSBAD DATE z April 18, 1978 DEPARTMENT : City Manager Initial : Dept,Hd.+ 4 :* .. C. Atty.vF& C. Mgr, t) Subject: COMMUNITY SWIM POOL I . Deed Amendment Statement of the Matter The deed from the Carlsbad Unified School District for the swimming pool must be amended. on the City's construction of a swimming pool and District's use of the pool for fifteen years ("The Condition"). The Grant Deed was accepted by the City on November 1, 1977, contingent upon modification of the condition to reflect the true understanding between the City and the District which is that their respective rights in the pool are as set out in the Agreement. Through a clerical error City caused the Grant Deed to be recorded before the condition was amended. desire to amend the condition to reflect their true understanding. The Grant Deed was conditioned The City and the School District Exhibit Amendment to Deed Conditions Recommendation That Council approve the amendment and authorize the Mayor and City Clerk to execute the amendment and record same. Copy of the amendment to be sent the School District after it is executed. Council action 4-18-78 The City Council approved the amendment and authorized execution and recordation of same. A- - AMENDI-ENT OF DEED CONDITIONS THIS INSTRUMENT is made as of April 18 , 1978 by the CITY OF CAFUSBAD, a municipal corporation of the State of California ("City"), and the CARLSBAD UNIFIED SCHOOL DISTRICT OF SAN DIEGO COUNTY, California ("District"), with reference to the following facts and circumstances: A. City and District on July 20, 1977 entered into an agreement for construction of a community swimming pool to be built by City on a site owned by District adjacent to Carlsbad High Schoo-l ("The Agreement") . The Agreement requires District to convey said site to City, The Agreement also provides for use of the pool - by " the District and obligated District to contribute to the costs of maintenance, operation and repair. B. On October 10, 1977, District executed a Grant Deed conveying the pool site to City, a copy of which is attached as Exhibit A ("The Grant Deed"), and incorporated by reference herein C, The Grant Deed was conditioned on City's construction of a swimming pool and District's use of the pool for fifteen years ("The Condition"). D. The Grant Deed was accepted by City on Movenber 1, 1977 contingent upon modification of the Condition to reflect the true understanding of City and District which is that their .. I _- r. 3 -- .r . .- AMEND-WNT TO DE 30NDITIONS Page 2 I respective rights in the pool are as set out in the Agreement. E. Through a clerical error City caused the Grant Deed to be recorded before the condition was amended. City and District desire to amend the Condition of the Grant Deed to reflect their true understanding as herein - Of Sa; Diego, State of California set forth. NOW, THEmFORE, City and District agree as follows: 1. The Condition contained in the Grant Deed from District to City, dated October 10, 1977, recorded on November 23, 1977, File Page No. 77-485336 Official Records of San Diego County, is hereby amended to read as follows: The above said grant of real property is subject to the terms and conditions Of that certain Agreement between the City of Carlsbad and the Carlsbad Unified School District, dated July 20, 1978, marked Exhibit B, attached hereto - and made a part hereof. - CARLSBAD UNIFIED SCHOOL DISTRICT of San Diego County, California STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ) ss. On the 5th day of Apri 1 , 1978, before me, Anita M. Williams , a notary public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Mary A. Scherr the President of the Governing Board of the Carlsbad Unified ' School District that executed the within instrument and acknow- ledged to me that such school district executed the same, pursuant to a resolution of said Governing Board. , known to me to be IN WITNESS WHEREOF I have hereto set my hand and affixed by official seal the day and year in this certificate first above written. .r - .' -- AMENDMENT TO DEED CONDITIONS c 1 f b 8 ATTEST: Page 3 CITY OF CARLSBAD, A Municipal Corporation of the State of California BY RONALD C. PACKAFtD, Mayor APPROVED AS TO FORM: City Attorney V STATE OF CALIFORNIA COUNTY OF Diego ) ss. -I before me, the undersigned; a Notary Public in and for said On April 20, 1978 State, personally appeared Ronald C. Packard Ma vor maa,and Marqaret E. Adams . known to me to be the known to me to w&g of the corporation that executed the within Instrument, known to me to be bee who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such cor oration executed the within instrument u sp nt t its +Z resolution of itsm.x WWGGX"~I~~ Counc1 . OFFICIAL SCAL rk A.L RLUO E#.(?!%! NO'IARY PLtLlLlC . CALIF RlNClPAL OFFICE IN -- .a" gb GRANT DEED NO i The Carlsbad Unified Scliool District of San Diego County, Cal.ifornia does hereby grant to the City of Carlsbad that certain real property situated in the Cou~ty of Sari Diego, State of California, as more partlcul-arly dqscribed as follotrs : . That portion o€ Tract 248 and Tract 249; Thum Lads, in the City of Carlsbad, County of San Diego, State cf California, according to Map thereof No. 1681, filed in the Office of the Recorder of San Diego County, December 9, 1915, described as follows: Beginning at the Northeasterly corner of said Tract 248; thence 442.29 feet to the TRUE POIBT OF BEGINNING; thence continuing along the northeasterly line of said Tract 248 and Tract: 249, South 28"39' East 692.39 feet; thence South 61"21' West 170.65 feet; thence North 28"39' \!est 54.00 feet; thence South 61'21' West 97.00 feet; thence North 28'39' West 555.00 feet; thence South 61"21' West 26.35 feet; thence North 28'39' 'Nest 347.04 feet to a point on the northwesterly lirie of said Tract 248; thence North 30O04' East along said north- westerly line a distance of 88.56 feet; thence South 28" 39 ' East 309.64 feet; thence North 61.21' East 218.32 €we: to the TRUE POTYT OF BEGIFNING. L South 28O39' East along the northeasterly line'thereof, a distance of 1 The.above said grant of real property is made for and in consideration of the City of Carlsbad constructing a swimming pool thereon at the city'a sole expense and permitting the Carlstjad Unified School District to use s&^d svirming pool for educational purposes for a period of fifteen (15) years from July 20, 1977. I I Dated : JA/. Id , 1977 c Carlsbad Unified School District of Sm Diego County Cal.i€ornia 4' b STATE OF CALIFOlIPr'IA ) COUNTY OF SAN DIEGO ) ) ss. z -. . On the I_OJL-, day of ' ' Ort&-r 1.977, before me, __I Auj,-t.&JLiJ.LkuiE3 -$ a notary public in and for said County and State, Mq.ryda_Schezr , known to me to be the President of the Governing residing therein, duly commissioned and sworn, persona1l.y appcarcd Board of the Carlsbad Unified School. District that executccl the wit-llln instrument: and acknovledged to me that such school. distrtct executed the same, pursuant: to a rcsolution of said Governing Board. IN WITNESS WIIEREOP I have hcrcuoto set-, my hand atid affixed by official seal. the day and year in this certificate first above written. - b:ml\. 71 I:;=- -\ Notary Public in aid for l;hc County of San D.Lcgo, State of California. I I J \' !- c This .j st nt 21 AD, CCp rim ant i ze ,., ..