HomeMy WebLinkAbout1980-03-04; City Council; 6182; DESALINATION BASIN - MONROE AND MARRON ROADI, c e
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ST-4TEMENT OF THE MATTER
.. ..4s a condition of approval of the Plaza Camino Real subdivision, the City required the installation of a desiltation basin at the foot of the future extension of ${onroe adjacent to Marron Road. The basin will be maintained by the Plaza Camino Real and removed at such time as the Pionroe storn drain is extended or the drainag is otherwise diverted.
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EXHI BITS
A. . Grant of Easement and Agreement
B. Resolution of Acceptance
RE COMMENDAT I ON
Adopt Resolution No. b 077 accepting a Grant of Easement and Agreement from Grove Apartments for Erosion Control Puryoses.
Council Action:
3-4-80 Council adopted Resolution 6099, accepting a Grant of Easement and Agreeme from Grove Apartments for Erosion Control Purposes.
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The May Stores Shopping Centers, Inc.
A Subsidiary of
The May 1)epartxment Stores Company February 15, 1980
Hon. Vincent Biondo, Jr., City Attorney
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Re: Plaza Camino Real Desiltation Basin
Dear Mr, Biondo:
Following your letter of December 6, 1979, we have obtained
the signatures of all parties other than the City to the approve1
Grant of Easement and Agreement, and I enclose herewith thkee SUI copies.
You will note that we have changed the name of The May Store Shopping Centers, Inc. to May Centerskko accord with the officia
no change in its icientity. change of name of that Corporation on January 1, 1980. There is
Also, please note that only on one copy of the document have all of the signers acknowledged their signatures to Notaries.
Since that copy should be the one recorded, I request that you return that one to ne, together with one other signed copy when these three copies are signed on behalf of the City.
If there is any question, please be in touch with me.
Sincer iy ,
/’, ,J(.l . ,&kc X
Solomon Fisher
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Enclosures
Executive Offic-ey, 10738 West Pic0 Blvd., Suite 1, Los Angeleu, California 90064 Tel. (213) 879-1850 475-3501
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February 26, 1980 VINCENT F: EIi)R:!D3, JR. c: ITY 6.bT-ro F: IQ E Y
iqr o Sr.,.tornon Fiskr
X0738 Xest Pic0 BlVd.
I,CS Ari5<+I.C?.sI CA gC064
Til$; MAY ,CST<;I",S SHOPPIl.:G CENTEXS ~ INC J)
Suite 1.
RE: ?Iaza. Can.ino Xed .DesiltatioFi Basin
war rv.w, ish her :
-. y%Znk -' vclg. for. your letter of Febrxary 15, 1989 xegardhng the
t2aser:r:eri-t a-16 agree:nent frir the a-hove-referenced. pro j set D havn a&;=d i:h-, city :gngin.eer to place the ma'citeir ci-i the CLty
~ouncj-1. agenza for '.cI,:,e.i~ approval and azcz2tance .,
I
. A~;.c:grai??L(; tjza Ci'cli CGI. ncil approves I we wi.11 have the ease--
;fieyGts e):z::;z.tsd and; ;:eC.5rS:ed.
t?j.e piA:,l. .i.c i~~~~~-ov'e~~.er~t i-eqilirei pursuz..nt to the City ' s
si~~;di~isj..cn y:soiseduzes I our regulations require ;ik or?-q~nz L
t.o be re-~.rrrrs6 by the City Clerk- By a copy of "ihi.s let<:€?!:
I have a.sked her to return two signed copies to yoc.
Yo?x cc~~.tinu-i~~~ coopera-~zon is appreciated D c~~lc~yr,~ with. t& mzxjlnyr in i&~i& we in-ken6 to proceed p
let. 192 :/.;7iow *
Since -iik easement uv?derlines
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p?.e:ase
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City Attorney
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1200 ELM AVENUE TELEP
CARLSBAD, CALIFORNIA 92008 (714) 4;
Citp sf CarZslbab
March 7, 1980
Mr. Solonon Fisher THE MAY STORES SHOPPING CENTERS, INC. 10738 West Pic0 Blvd Los Angeles, CA 90064
Re: Plaza Camino Real Desiltation Basin
The Carlsbad City Council , at their meeting of March 4, 1980, adopted Resolution No. 6099, accepting z Grant of Easement and Agreement from the Grove P7artments Investment Company for ero- sion controi purposes.
The origicz- Grant of Easement and Agreement
will be reczpded by the San Diego County Recorder and retairisr in the City Clerk's Office of the
City of C2p:sbad. However, as requested by the City Attornzy, we are returning two signed copies of subj9:t document to you. Also enclosed for your records is a copy of Resolution No. 6099 referenced above.
If you have any questions regarding this matter, please do not hesitate to contact this office.
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ALETHA L. RAUTENKRANZ City Clerk
ALR: krs
Enclosures
cc: City Attorney
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e RESOLUTION NO. -- 6399
A RESOLUTIOX OF THE CITY COUNCIL OF THE
CITY OF CARLSEAD, CALIFOIINIA, ACCEPTING A GRANT OF EASEMENT AND AGREEMENT FROM GROVE APARTNENTS I WESTMENT COMPANY FOR EROSION CONTROL PURPOSES
0
WHEREAS, Grove Apartments Investment Company has sub
Grant of Easement and Agreement conveying an easement to th
of Carlsbad for erosion control purposes; said easement is
in the Office of the City Clerk and is incorporated by refe
herein; and
WHEREAS, the City Council of the City of Carlsbad ha
determined it to be in the public interest to accept said e
NOW, THEREFORE, BE IT RESOLVED by the City Council o
City of Carlsbad, as follows:
1. That the above recitations are true and correct.
2. That the Grant of Easement and Agreement conveyi
an easement to the City of Carlsbad for erosion control pur
is hereby accepted.
3. That the City Clerk is hereby authorized to caus
original easement to be recorded in the Office of the Count
1 Recorder of San Diego County, State of California, with the
appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of
Carlsbad City Council held on the 4th day of March
by the following vote, to wit:
¶
AYES: Councilmen Packard, Skotnicki , Anear, Lewis and
Counci 'Iwornan Cas1 er
NOES: /(one
ABSENT : None ,/(D" F W.6 /XkI,G[J /-7
RONALD C. PACKARD, Nayor
ATTEST :
(SEAL)
e. e
GRANT OF EASCP"ZNT AYD AGREEPENT
This Grant of Casement and Agreement is made as o
/ 17 day of ..\yAiqnL l 19@B, by and between GROVE
APART$ENTS INVESTMENT CO., a general partnership (hereinaft
referred to as the "Grantor") I the CITY OF CARLSBAD (herein
referred to as the "Grantee"), and PLAZA CAMIN0 REAL, a Cal:
limited partnership (hereinafter referred to as "PCF.") l wit1
reference to the following facts:
A. The Grantee as a condition of its approval of
map r'or Carlsbad Tract No. CT 76-18 presented by PCR to Grai
pursuant to the Subdivision Map Act required the installatic
PCR of a desiltation basin as shown on the drawing attached
as Exhibit A and more particularly described in Exhibit B a-
hereto, both Exhibits being hereby incorporated by reference
The parties acknowledse said drzwing is made with reference
the final map for said CT 76-18, depicting the site of the E
Carnico Real shopping center in Carlsbad, California, record€
the Office of the County Recorder of the County of San Diegc
of California on August 11, 1978.
3. The desiltation basin shown on Exhibit A and c
in Exhibit 13 will occupy land owned by Grantor.
NOF7, THEREFORE, the Grantor does hereby grant to i
Grantee the easement describe6 below, to be held and exerci:
.the Grantee for the term and on the other terns and conditic
provided below.
1. Nature and Extent. The easement granted hereL
"Easement") shall be for the Grantee or PCR to build, inspec
maintain, repair and remove a desiltation basin and appurter
access road having the dimensions, confiqurations and locati
on Exhibit A (the whole of such desiltation basin and appurt
access road is hereinafter referred to as the "Desiltation E
e e
2. Term. The term of the Easement shall be frcm
of recorsing hcrecf until the earlier of the following date
date, if zny, on which the existing 66-inch storm drain in
Road is extended ir. a southerly direction, or the date, if
which the drainage of the slope area situated south of Marr
shall have been diverted or drained or otherwise provided fc
such xanner that the Desiltation Easin is no loqer requirec
the purpose of desilting such drainage.
3. Covenants of PCR, As an essential inducement
Grantor, without which this Grant of Ezsement and Agreement
not be executed, PCR covenants with the Grantor as fcllows:
(a) PC€? will cause the Desiltation Casin to 1
constructed and installed in accordace with Exhibit A, wit1
material and workmanship, as.diligently as possible aod in :
manner as to do as little damage as possible to the propert!
Grantor during and after cor_struction, and PCK shall do all
including but not limited to landscaping, necessary to cause
coripleted Desiltation Easin to intrxde as little as pcssibk
the appearance of the Grantor's property.
(b) FCR, at: its expense, shall maintain and I
the Desiltation Gasin so as to keep the Desiltation Easin ir
substantially good condition ant: repair.
(c) During the tern of the Easement PCR, at j
expense, shall do all things, including but not limited to 1
.and filling, necessary to repair danage to the property of C
including the appearance thereof, resulting from the install
existecce, naintenance or repair of the Desiltation Basin.
(d) Upon expiration of the tern provided in P
hereof, for whatever reason, including but not limited to ac
the Grantor, PCR, at its expense, shall promptly remove the
Desiltation Easin and the components thereof from the proper
the Grantor and do all things, including filling, compaction
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lmdscaping, necessary to restore the ere2 occupied by the 1
Basin to a condition and appearance comparable to the then I
and appearance of the adjacent property of Grantor.
(e) PCR shall defend, indennify, protect and
harmless the Grantor from and against ar.y and all damage (17
to person or property, including but not limited to the pro
the Grantor), cost, expense, loss, claim, actions, proceed
suits arising out of or based upon the corstructioc, existe
inspection, maintenance, repair or renoval of the Desiltati
unless said darcaTe, cost, expense, loss, clains, actions, p
and suits arise from the negligence of the Grantor or the C
or their err.ployees, agents, or ineependect contractors.
IN WITNESS TvHEPSOF, the Grantor, Grantee and PCR
executed this Grant of Easement and Agreerent as of the day
first above written .
GRANTOR : GRANTEE :
GROVE APARTMENTS INVESTMEKT CO. : CITY OF CARLSBAD, a Corporation of the
By-r5z-J ,A /,? [ILL California
Bernard Citron By: /5)dE 4 //L~~& -L/c
PCR:
PLAZA CP-MINO REAL,
limited partnership
By: PLRY CENTERS, I1
neral partne
Harry J. if Frank , (Also known as Earr
and QL7jf&-/
Frank , Jr. )
fil/- g/ 7 a&157Af?///2/& KLu jff
Fred A. Bartmn, Jr. 2)
~A&4&
and TRUSTEE UNDER THE FESIDUARY TRYST
ESTABLISHED UKDER TEZ WILL OF
P7ILLIAN SI BARTXAN, DECEASED By: )%-)/e Sl@iT-- A,----- p/ 1.J &f&L!Z>& w; /-I &7i2 and ///J!& 6 - hsisistant S& Fred A. Bartman, Jry
and H.F.H. ,76? /F
General Partner BY: - 3AcC L: q 3 and TRUSTEES UNDER THE MARITAL TRUST ESTABLISHED UKDER THE WILL OF
k?ILLINJl S . BAPTPIAN, DECCASZD G$k4L4c7 b; / (&&&
Fred A. Bartrnan, JJ-. j
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STATE CF CALIFOFNIA )
COUNTY OF SAN DIEGO )
On this 5 day of undersigned, a Motary Public in and for said State, person
appeared , known to me to b the of the City of Car
municipal corporaticn of the State of California and known to be the person who executed the within instrument on beh
said mmicipal corporation, and acknowledged to me that su of Carlsbad, California, executed the same.
WITKESS my hand and official seal.
SS.
0 , before me , in the year __
APPROVED AS TO FOR
Notary Public ..
STATE OF - -kbrFoRer )
&+.Lu=. ss.
COUNTY OF &., w33iE3-
On fd [A! 1 ?fd before me, the und-ersignel
Notary Public in and for said State, persor,ally appeared x
4 M. Earding, known to me to be the FresideEt snd
known tc me to be the Assistant Secretary of XAY CENTERS,
the corporation that executed. the within in:
me to be the persons who executed the within
. on behalf of said corporation, said corporatian being know:
be one of the partners of PLAZA CAMINO REAL, a limited par
the partnership that executed the within instrument, and
acknowledged to me that such corporation executed the same
partner and that such partnership executed the same.
KITNESS my hand and official seal.
.. . - . -- mPit .-_I
otary Publ’ic
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STATE OF CALIFORtIIA
COENTY OF s7 Lp
On 9-03 17, I'i 8' before ne, the undersi!
a Notary Public in and for said State, personally appe:
Bernard Citron, Harry J. L. Frank, Jr. and Fred A. Bart
known to me to be three of the partners of
Grove Apartments Investment Co.,
the partnership that executed the within instruinent, ai
acknowledqed to me that such partnership executed the I Y
WITNESS my hand and official seal.
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----.
722
STATE OF CALIFORNIA
COUNTY OF ' ,>:> 9fld d5
On $--. '1 1980 before me, the undersi?
a Notary Public in and for said State, personally appei
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?-de/ &-- 6J2
known to me to be 00 e of the partners of
H. F. H., LTD.
the partnership that executed the witin instrument, anc
acknowledged to me that such partnership executed the :
WITNES my hand and official seal.
l~~1111191~:z?~:::'~:;~,il~j;~
&mli/&&d
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COUKTY OF & aLrh STATE OF CALIFORFJIA
On Bp-17 fqFd before ne , the undersi!
a Notary Public in and for said State, personally appez
Fred A, Bartman, Jr,
known to me to be the person whose name is subscribed
to the within instrument and acknowledged that he
executed the same as Trustee Under the Residuary Trust
Established under the \Jill of William S. Bart',-. Decez ,,I LG
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Witness my hand and official seal.
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STATE OF CALIFORNIA
COUNTY OF A "-R/-a"
On *H& 17, /Tro before me, the undersi(
a Xotary Public in and for said State, personally appe'
Fred A. Bartman, Jr.
known to me to be the person whose name is subscribed
to the within instrument and acknowledged that he
executed the same as Trustee Under the Marital Trust
Established Under the Will of William S. Bartnan, Decei --- Witness my hand and official seal. OFFICI1
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LEGAL DESCRIPTION
A PARCEL OF LAND SITUATE IN THE CITY OF CARLSRAD, COUNT'./
18, 22, 23, AND 24 OF HOSP EUCALYPTUS FOREST COMPANY'S
TRACT NO. 1 ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE
OFFICE OF TliE COUNTY RECOWER OF SAN DIEGO COUNTY AND
PORTIONS OF CAE@N STREET AS VACATED AND CLOSED TO PUBLIC
USE, BEING MCRE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT TtHE SO!.JTHWEST CORNER OF LOT 29, CARLSBAD
COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA,
ON AUGUST 11 , 1978, SAID POINT ALSO BEING IN THE NORTHERLY
ALONG SAID LINE ON A CURVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 758-00 FEET, A RADIAL BEARING THROUGH SAID POINT
OF SOUTH 3"12'22" EAST, THROUGH A CENTRAL ANGLE OF 12'22'54"
A dISTANCE OF 163.80 FEET;
FEET;
82.00 FEET TO THE SGUTHERLY LINE OF MARRON ROAD, SAID
POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVIN
SATD SOUTHERLY LINE SOUTH 15'35'16" EAST, 243.00 FEET; TI-IENCt
SOUTH 31°35'16'1 EAST, 65.00 FE.ET; THENCE NORTH 58"24'44'' EAST
20.00 FEET; THENCE SOUTH 31"35'16" EAST, 103.00 FEET; THENCE
SOUTH 58"24'44'' WEST, 20.00 FEET; THENCE SOUTH 74O24'44" WEST
273.00 FEET; THENCE NORTH 15"35'16" WEST, 116.00 FEET; THENC!
NORTH 37O35'16'' WEST, 259.00 FEET; THENCE NORTH 43'16'29" EAS'
j22.015 FEET TO THE HEREINBEFORE MENTIONED SOUTHERLY LINE
OF WRRON ROAD; THENCE EASTERLY ALONG SAID LINE ON A CURV
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 840.00 FEET, A
THROUGH A CENTRAL ANGLE OF 10°45'00'r, A DISTANCE OF 157.603 F
THENCE NORTH 74O24'44" EAST, 62.60 FEET TO THE TRUE POINT OF
BEGINNING.
OF SAN DIEGO, STATE OF CALIFORNIA BEING A PORTION OF LOTS
TRACT NO. 76-18, NL4P NO. 8956, FILED IN THE OFFICE OF THE
LINE OF MARRON ROAD (82 FOOT RIGHT-OF-WAY); THENCE EASTER1
THENCE NCR7-I 74'24'44'' EAST , 62.60
THENCE LEAVING SAID NORTHERLY LINE SOUTH 15"35'16" EA
RADIAL BEARING THROUGH SAID POINT OF SOUTH 4'50'16" EAST,
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by the Grant of Easement and Agreement dated January 17, 1980
from Grove Apartments Investment Co., a general partnership, to
the City of Carl sbad, California, a pol i tical corporation and/or
governmental agency, is hereby accepted by the undersigned
officer or agent on behalf of the City Council of the City of
Carlsbad, California, pursuant to authority conferred by
Resolution No. 6099 of the City Council of the City of Carlsbad
adopted on March 4, 1980, and the grantee consents to the
recordation thereof by its duly authorized officer.
Dated: March 6, 1980
.. 9 0
The May Stores Shopping Centers, Inc.
A Subsidiary of
The May Department Stores Company
March 12, 1980
Ms. Aletha L. Rautenkranz
1200 Elm Avenue Carlshad, California 92008
Bez Plaza Camino Real Desiltation Basin
Dear Ms. Rautenkranz:
Although your letter of March 7, 1980 mentioned that you
were enclosing a copy of Resolution 6099 of March 4, 1980, no copy was actually enclosed in the envelope I received.
I would very much appreciate your sending me a copy of the Resolution.
City Clerk (yf: City of Carlsbad i
Sincere{'-, I?
1 TJ
SF : grs
Executive Offices, 10738 West Pic0 Blvd., Suite 1, Los Angeles, California 90064 Tel. (213) 879-1850 415-3501