HomeMy WebLinkAbout1985-04-09; City Council; 8128; STAGECOACH PARK,L
CIT~F CARLSBAD - AGEND+L
DEPT. HO TITLE: AB#.LLUZ"
CITY All STAGECOACH PARK MTG.-.
DEPT.
RECOMMENDED ACTION:
CM CITY MGI
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Adopt Resolution No.7978 accepting easement for Stagecoach Park from Daon Corp.
ITEM EXPLANATION:
The 1982 La Costa Park agreement requires the dedication
of portions of Stagecoach Park as each individual subdivision is recorded. Under that agreement the entire 28 acres
would not be owned by the city until about 1990.
The city now owns 20 acres. This agreement would allow the city to grade and develop the entire 28 acre park. Plans for the entire park are being completed and will be on Council agenda May 5.
Accepting this easement incurs no expense nor obligation on the part of the city. If we do grade or build a park on the land not owned by the city, there is a slight risk of default or bankruptcy or no development in the future.
Due to the highly desirable nature of the La Costa area, I feel that no present or future subdivider would want to
there is a great public need to develop the whole park now. Therefore, I strongly recommend that the Council accept this agreement and assume the risk of development the park.
abrogate this park development agreement. In addition
FISCAL IMPACT:
None from this action.
EXHIBITS :
1. Letter from Daon Corporation, dated 3/21/85
2. Resolution No. 7 7 9 0
,. e >) a EXHIBIT #1
WON CORPORMON 5150 AVENlDA E"+%, CARLSBAD, CALIFORNIA 92008 TELEPHONE [6?9j 931-1224
Our file Number.
March 21, 1985
Frank Aleshire
City Manager
City of Carlsbad
1300 Elm Avenue
Carlsbad, CA 92008
Dear Frank:
Enclosed is our completed proposal of a Grant of Easement for the remaining 8+ acres in Stagecoach Park in favor of the
City of Carlsbad. It includes a modification of Item #5 which
currently established by the City of Carlsbad. Also included
is a legal description of the easement together with a plot map.
Acceptance of our offer by the City Council will enable
you to proceed with your development plans for the park. We
appreciate the opportunity to assist in the expediting of this
park improvement program and pledge our continued assistance in
this regard.
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we d.iscussed and now reflects, the insurance provisions as
Hopefully this proposal can be placed before the City Council
at its very next meeting,as I am sure we share the view that
accelerating this project is critical in meeting the needs of
Carlsbad residents.
x- "."..."/~#~~ ".._" Sincerely<-
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Michael K .)
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Vice Presi ./ /a:- ent Land San Diego County
MKR/JG/amm
Enclosure
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RESOLUTION NO. 7970
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ACCEPTING
AN EASEMENT FOR STAGECOACH PARK FROM
DAON CORPORATION
WHEREAS, the City of Carlsbad Parks and Recreation Element
to the General Plan calls for the development of a community
park in the southeastern area of the city to be known as
Stagecoach Park and,
WHEREAS, the City of Carlsbad and Daon Corporation have
entered into a parks agreement whereby Daon will dedicate
fee title to the land for Stagecoach Park on an incremental
basis in accordance'with the parks agreement and,
WHEREAS, the city and Daon desire to accelerate the
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development of Stagecoach Park and,
WHEREAS, it is more economical to develop Stagecoach Park
at one time rather than in phases and,
WHEREAS, Daon Corporation is willing to grant the city
an easement over the land yet to be dedicated to the city in
order to develop the park all at once;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
I 1. That the above recitations are true and correct.
2. That the easement agreement between the City of
Carlsbad and Daon Corporation for Stagecoach Park attached
hereto as Exhibit A is hereby approved.
3. That the Mayor is hereby authorized and directed to
sign the agreement on behalf of the city.
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IZ City Council of the City Of Carlsbad held the 9th day of
PASSED, APPROVED AND ADOPTED at a regular meeting of the
3 April ' 1985, by the following vote, to wit:
4 AYES : council Mrs ~asler, I.ewis, KU~C~, chick and pettine
5 NOES : Nor"
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ABSENT: lbne % d. PL+&&+-.
MARY H. ASLER, Mayor
10 ATTEST:
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l3 ! MJETHA L. RAUTENKRANZ
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0 EXHIB T A to Reso. No. 78 (I
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
DAON CORPORATION
5150 Avenida Encinas Carlsbad, California 92008
Attention: Mr. Michael K. Ryan
Space Above This Line For Recorder's Use
EASEMENT AGREEMENT
(Portion of StagecoaGh Park)
This Easement Agreement (Portion of Stagecoach Park) (the "Agreement") is made in San Diego County, California on March , 198S, between DAON CORPORATION, a Delaware corporation ("Grantor") and THE CITY OF CARLSBAD, a municipal corporation of
the State of California ("Grantee").
RECITALS """"
A. Grantor is the fee owner of the real property
in the City of Carlsbad, San Diego County, California, more
particularly described on attached Exhibit A and depicted on
attached Exhibit B (the "Easement Area").
B. At the time Grantor purchased the Exhibit A
real property on March 10, 1981, Grantor assumed from La Costa Land Company certain agreements, including certain agreements
concerning Park dedication entered into with the City of Carlsbad. The first sucn Park dedication agreement, entitled
"1973 Parks Agreement" was entered into on October 15, 1973 and was subsequently modified. This 1973 Parks Agreement was later supplemented with the "1978 Parks Agreement" entered into on January 3, 1978. Subsequent to this, the 1978 Parks Agreement
was then replaced by a "1982 Parks Agreement" entered into on April 8, 1982. The 1982 Parks Agreement is incorporated in this Agreement by this reference. Under the 1982 Parks Agreenent,
Grantor made the first of several Stagecoach Park dedications to
the City of Carlsbad on December 15, 1980, which dedication
comprised 12.5 acres. The 1982 Parks Agreement has remained unchanged and has served as the basis for the additional dedication of 7.5 acres in Stagecoach Park by Grantor.
C. Grantor, as a land owner, developer and
corporate citizen in the City of Carlsbad, recognizes the need for, and supports the construction of, sufficient parks and other
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recreational areas for use by the citizens of Carlsbad. Grantor
fully appreciates the importance of such parks for the continued good health and well being of the citizens of Carlsbad. As
mentioned in Recital B above, Grantor, in its desire to cooperate
with and assist the City in developing adequate public park . facilities, has previously dedicated to the City approximately 20 acres of the 28 acre Stagecoach Park.
D. Grantee now desires, and Grantor is willing to grant to Grantee, an easement in gross, over, under, in and across the balance of Stagecoach Park presently owned by Grantor
(which area is referred to herein as the Easement Area) to permit Grantee to utilize the Easement Area to complete its development of Stagecoach Park before Grantor is actually required to dedi- cated part or all of the Easement Area to Grantee under the 1982 Parks Agreement.
E. Accordingly, Grantor, without being required to
do so, hereby wishes to grant an easement for the balance of Stagecoach Park to the City of Carlsbad under the following terms
and conditions.
TERMS AND CONDITIONS
1. Grant of Easement. -
For the consideration of One Dollar ($1.00),
the receipt of which is hereby acknowledged by Grantee, and subject to the terms and conditions of this Agreement, Grantor grants to Grantee an easement ("Easement") in gross, over, under, in and across the Easement Area, for the purpose of constructing, operating and maintaining a public park and for other incidental
and ancillary recreational purposes associated therewith, until such time as Grantor dedicates all remaining portions of the Easement Area to Grantee as set forth in paragraph 2 herein.
2. Term of Easement.
The parties hereto acknowledge that Grantor,
pursuant to the 1982 Parks Aqreernent, may in the future be
required to dedicate all or a part of the Easement Area to Grantee to complete the Stagecoach Park dedication requirements
as a result of conditions of approval on various La Costa Final Subdivision Maps. As such, upon Grantee's acceptance of the dedication of all or any part of the Easement Area by Grantor under the 1982 Parks Agreement, this Agreement shall automati-
cally terminate as to only that part of the Easement Area
dedicated and this Agreement shall remain in full force and
effect only as to that part of the Easement Area not yet dedicated. This periodic partial reduction of the Easement Area through dedication of park land in compliance with the 1982 Parks Agreement and, accordingly, the termination of the Agreeinent for
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this dedicated land shall continue until all of the Easement Area has been dedicated, at which time this Agreement shall finally
and automatically terminate.
3. Maintenance.
Grantee shall maintain, at Grantee's sole
expense, the Easement Area, and all facilities and other improve-
ments made or installed by Grantee within the Easement Area, in a
sanitary and safe condition, in good repair and in accordance with all applicable laws and regulations. Grartee shall further not permit, commit nor suffer waste upon the Easement Area.
4. Indemnification. a
Grantee shall and does indemnify and hold
Grantor harmless against and from liabilities and claims of any kind for loss or damage to property of Grantee or any other person, or for any injury to or death of any person, arising out of: (1) Grantee's use and occupancy of the Easement Area, or any work, recreation, activity or other things allowed or suffered by Grantee to be done in, on or about the Easement Area; (2) any breach or default by Grantee of any of Grantee's obligations
under this Agreement; or (3) any negligent or otherwise tortious act or omission of Grantee, its agents, employees, invitees or. - contractors. Grantee shall fully defend Grantor in any and all actions or proceedings arising from any such claim and shall indemnify Grantor against all costs, attorneys' fees, expert
witness fees and any other expenses incurred in such action or
proceeding.
5. Insurance.
Grantee shall, at all times during the tern of this Agreement, maintain in full force and effect and at
Grantee's sole expense, a policy or policies of casualty insurance and comprehensive public liability and property damage insurance in accordance with prudent business practices to provide reasonable and adequate coverage for casualty claims and liabilities, property damage or personal injury (including death)
occurring on, in or about the Easement Area. Nothing contained in this paragraph shall prevent Grantee from providing self- insurance to comply with the provisions of this paragraph. so long as reasonable levels of reserves consistent with prudent business practices are maintained and reasonable and adequate excess coverage in accordance with prudent business practices is
provided through a policy or policies of insurance.
6. Liens On The Easement Area.
Grantee shall pay when due all obligations
incurred by or for Grantee relating to work on, or use of, the
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Easement Area. Grantee shall not cause, suffer or permit any liens relating to mechanics or others to attach to or be recorded
against, the Easement Area, and shall indemnify, defend and hold Grantor and the Easement Area harmless from any and all liens, claims and all expenses (including, without limitation, any
attorneys' fees) -related to, or arising out of, mechanics or
others employed or contracted by Grantee for work on, or use of, the Easement Area.
7. Covenants Running With The Easement Area.
The Easement, and the terms and conditions con-
tained in this Agreement, shall run with the Easement Area and shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and assigns.
8. Assignment.
This Agreement shall not, nor shall any interest therein or thereunder, be assigned, mortgaged, hypothe-
cated or transferred by Grantee without first obtaining the written consent of Grantor which consent shall be within the sole and absolute discretion of Grantor.
- 9. Easement Subject to Certain Matters.
The Easement 1'. subject to all valid and
existing contracts, leases, licenses, encumbrances and claims of title which are of record and affect the Easement Area. The use of the word "grant" in this Agreement shall not be construed as a covenant against the existence of any such matters of record.
10. Entire Aqreement; Modification.
This Agreement contains the entire Agreement
between the parties relating to the Easement. This Agreement may be modified only by a written and recorded agreement, signed by both parties or their respective heirs, successors or assigns.
11. Attorneys' Fees.
In the event of any litigation between the par-
ties to interpret or enforce any of the provisions.of this Agreement, the prevailing party in the action shall be entitled
to recover from the losing party reasonable attorneys' fees and
costs.
12. Notices.
All notices to be given under this Agreement
shall be in writing, delivered in person or by registered or certified mail, postage prepaid and return receipt requested at
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the addresses provided below, or such other addresses as either party may designate, from time to time, by proper no'tice mder
this paragraph. Any notice shall be deemed given on,ly when
actually received by the intended party, whether personally
served or sent by registered or certified mail.
Grantor i Dagn Corporation
5150 Avenida Encinas Carlsbad, California 92008 Attn: Mr. Michael K. Ryan
Grantee: City of Carlsbad
Land Use Pla.npinq Department
1200 Elm Avenue
Carlsbad, California 92008
Attn: Frank Aleshire, City Manager
13. Exhibits.
~ll Exhibits ta this Agreement are incorporated in and made a party of this Agreement by reference.
14. Severability.
If any part of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected and each term and provision of this Agreement shall remain valid and enforceable to the fullest extent permitted by law.
"GRANTOR"
DAON CORPORATION, a Delaware corporation
"GRANTEE"
CITY OF CARLSBAD, a municipal corporation of the State of
California
By :
(Title)
San Diego Coun
By :
(Title)
Joseph L. Perring General Manager, Land
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STATE OF CALIFORNIA )
COUNTY OF 1 ) ss.
On , before me, the undersigned, a Notary public in and for said State, personally appeared Michael K. Ryan
and Warren A. Colton, 111, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President-Land, San Diego
County and Vice President-Land, on behalf of DAON CORPORATION, the corporation therein named, and acknowledged to me that such
corporation executed the within instrument pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF 1 ) ss.
On r before me, the undersigned, a
Notary Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within
and I
instrment as and , of the
City of Carlsbad, and acknowledged to me that the City of Carlsbad executed the within instrument. a
WITNESS my hand and official seal.
Signature
[SEAL]
24-(3-307)032085 -6-
I .. RIGa WGINEERING C0MPAN.Y 1 puNN )Ic CoNSULTANTS
3088 PI0 PIC0 DR. SUITE 202 CARLSBAD, A 92008 "'CF ENGINEERS
TELEPHONE AREA CODE 714 729-4987
JOB HO, DATE BY LCCALDLSCRIPTlONfOR; - R.T. Snl
J.C. 3/11/85
A parcel of land being a portion of Lot 4 and Lot 9 of Rancho Las
1
Encinitas Map No. 848 on file in the Office of the County Record- er of San Diego County, State of California, in the City of
Carlsbad, said County, said State, described as follows:
7914-D Parcel B - Proposed Park Site CHK'O.
COMMENCING at the Southeast corner of Map No. 8059 on file in the
Office of said County Recorde ; thence South 64'10'39" East 704.52 feot; thence South 67'30'00" East 703.33 feet to the begin- ning of a tangent 958.00 foot radius curve concave Northerly;
thence, Easterly along the arc of said curve through a central
BEGINNING; thence leaving said arc North 2"OO10O1' West 592.34
feet, thence South 70'52'04" West 281.30 feet; thence North
3'12'29" East 191.12 feet; thence, North 87"31'00" East 83.90
feet; thence North 66'42'00" East 316.16 feet; thence North
50b12'00" East 62.00 feet; thence, North 24"27'00" East 97.55
feet: thence South 42"23'00" East 583.87 feet; to a point on the arc of a 958.00 foot radius curve concave Northwesterly, to which
a radial line bears South 60°10'49-" East; thence Southeasterly
along the arc of said curve through a central angle of 21'50'49"
a distance of 365.29 feet; thence, South 51'40'00" West 208.38 feet to the beginning of a tangent 958.00 foot radius curve
concave Northerly; thence, Westerly along the arc of said cur-ve through a central angle of 12'41'31"[a distance of 212.21 feet to the TRUE POINT OF BEGINNING.
angle of 48'08'28" a distance of 804.93,feet to the TRUE POINT OF
EXHIBIT A TO EASEMENT AGREEMENT
TlTLC CO.
COMPANY OCSCRIPTIOW REVISIOWS
RC~LRCNCL DATE BY ORocn NO. DATE
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SCALE.~".MU'IDATE:~-~~)~~ JR a-3-5-55 - EXHIBIT B TO ISASEMENT AGREEMENT
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
dltp of Gsrlsbab
T€I€PHC
(714) 438"
April 10, 1985
Daon Corporation
5150 Avenida Encinas Carlsbad, CA 92008
Attn: Mr. Michael K. Ryan
Per our conversation, enclosed is the easement agreement between Daon Corporation and the City of Carlsbad for a portion of Stagecoach Park.
Please have the signatures notarized and then return the agreement to this office for processing of City signa-
tures and recordation.
Thanks for your assistance in this matter.
&%I!! City Clerk
LR:kk
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
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April 11, 1985
TELEPHO
(71 4) 438-5
Daon Corporation
5150 Avenida Encinas
Carlsbad, CA 92008
Enclosed for your records, please find a copy of the
following Resolution 7970 , adopted by the
Carlsbad City Council on April 9, 1985
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Enclosures ( 1 )
Sincerely, ZLf- LEE RAUTENKRANZ .
City Clerk v