HomeMy WebLinkAbout1980-01-02; City Council; 5027-2; Purchase of Fire Station #2CITY OF CARLSBAD
AGENDA BILL NO. 5027, Supplement No. 2
DATE:_ JANUARY 2, 1980
DEPARTMENT: CITY MANAGER
Subject: PURCHASE OF FIRE STATION #2
Statement of the Matter
Initial: s
Dept . Hd . l�U/
C. Atty(-�
C. Mgr.
At the Council meeting of July 17, 1979 Council authorized the City
Manager's office to enter into escrow at City expense to purchase
Fire Station No. 2 on Arenal Road in South Carlsbad. The City
Manager's office negotiated the acquisition of the property at the
agreed upon price of $63,305.00 (the City will pay a portion of the
escrow charges amounting to approximately $500.00,) and an escrow
was opened with Oceanside Federal Savings and Loan. Upon receipt
of the preliminary title report, it was found that the CC&R's
appeared to prohibit the use of the subject property for anything
other than residential purposes and imposed a variety of other
regulations on the property. In spite of the deed restrictions
staff is of the opinion that the City will be able to use the site
for a fire station and the City Attorney has prepared an agreement
which incorporates conditions that will require La Costa "Land Company
to indemnify the City for loss occasioned by any attempt to enforce
the CC&Rls in an amount not to exceed the purchase price.
Exhibit
Agreement between Rancho La Costa, Inc. and the City of Carlsbad.
Recommendation
That Council, by minute motion, authorize the City Iianager to
execute the agreement and complete the purchase of the Fire
Station site as agreed between the parties.
Council Action:
1-2-80 The natter was continued to the next regular meeting.
i
a
AGREEMENT
This agreement is made this day of ,
19_ by and between RANCHO LA COSTA, INC., a Nevada
Corporation (hereinafter referred to as "La Costa") and CITY
OF CARLSBAD, a. California municipal corporation (hereinafter
referred to as "City").
R E C I T A L S
WHEREAS, City contemplates purchasing from La Costa and
La Costa contemplates selling to City property located in
San Lego County, State of California, described as; Lot 133
of La Costa Valley Unit No. 1, in the County of San Diego,
State of California, according to the map thereof No. 5434,
filed in the Office of the Recorder of San Diego County,
July 29, 1964 and filed as document No. 136843 (hereinafter
referred to as "the subject property"); and
WHEREAS, the subject property is purportedly burdened
by covenants, conditions or restrictions as stated in the
declaration of restrictions recorded November 19, 1964 under
recorder's file No. 211058 as amended by an instrument recorded
on June 9, 1965 under recorder's file No. 123019 and by an
instrument recorded September 30, 1965 under recorder's file
No. 178153; and
WHEREAS, City intends to use the subject property for
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t operation of a fire station or for other municipal purposes;
and
WHEREAS, City would not purchase the subject property
without assurance that it could use the subject property
as intended free from all burdens or restrictions imposed
by the recorded covenants, conditions, or restrictions; and
WHEREAS, City would not purchase the subject property
without assurance from La Costa that La Costa would indemnify
City for any loss resulting from the violation by City of
the recorded covenants, conditions and restrictions; and
WHEREAS, use of the subject property by City for the
purposes intended will benefit and promote the health, safety
or welfare of the citizens or property owners of City
including La Costa and its heirs or assigns.
THEREFORE, in consideration of these recitals City and
La Costa agree as follows:
1. In the event that any action is brought against
City to enforce any of the recorded covenants, conditions
or restrictions applicable to the subject property; including
any action for inverse condemnation, damages or equitable
relief; La Costa shall indemnify and save harmless City for
any loss not to exceed the purchase price of the subject
property.
2. La Costa shall, at the option of City, either
provide City with defense for any such action or pay to
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City reasonable attorney's fees for defense of such action.
3. La Costa shall not oppose any action prosecuted by
or on behalf of City for declaratory relief or quiet title
to remove the recorded covenants, conditions or restrictions.
4. La Costa shall not maintain on behalf of itself
or its heirs or assigns any action against City to enforce
the recorded covenants, conditions or restrictions.
5. This agreement shall bind the heirs and assigns of
La Costa and shall be recorded along with the deed to the
subject property.
IN WITNESS WHEREOF, the parties have executed this
agreement in triplicate as of the day and year written
above.
DATED VA Pun I;A CVolln, 1NC., a Nevada
Corporation
By
By
ATTEST: CITY OF CARLSBAD, a California
municipal corporation
By
ALETHA L. RAUTENKNZ, City Manager
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR., City Attorney
By Da ie S. Hen tsc e, Assistant
City Attorney
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