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HomeMy WebLinkAbout1985-08-06; City Council; 8273; Request from Hughes Investment2 CIT OF CARLSBAD - AGEND~LL cri. I I IECOMMENDED ACTION: That the City Council by motion request the Parking Authority approve the above referenced grant of easement. ITEM EXPLANATION Hughes Investments, the developer, of the North County Plaza has asked the Parking Authority to grant an access easement and approve the realignment of a portion of the parking lot at the Plaza Camino Real shopping center. Attached is my memorandum of July 26, 1985 to the Parking Authority explaining the matter in detail. The recommended action is necessary to accommodate the development as previously approved by the City Council. If the City Council concurs your action is to by motion ask that the Parking Authority grant the access easement and consent to the changes in the parking lot. FISCAL IMPACT This action will not have any direct fiscal impact. However, development of the shopping center should produce substantial sales tax revenues. EXHIBITS Memorandum from City Attorney with attachments .- July 26, 1985 TO : Carlsbad Parking Authority FROM : City Attorney REQUEST FROM HUGHES INVESTMENT E'OR PARKING AUTHORITY GRANT OF ACCESS EASEMENT The Parking Authority owns a substantial part of the parking area surrounding the Plaza Camino Real shopping center. Attached as Exhibit 1 to this memorandum is a copy of the plot plan showing the parking areas as they presently exist. Early in 1983 the City Council approved a zone change and specific plan (ZC-266 - SP-187) for Hughes Investments to develop a retail, commercial and professional office center on the property immediately to the west of the Plaza Camino Real-Sears parking lot. Attached to this memorandum as Exhibit 2 is a map showing the Hughes project site. As a part of the approvals of this development the City Council also amended the precise plan for Plaza Camino Real (PP-24D) to remove lot 29 and include it in SP-187. The plan for the North County Plaza provides for access at two points through the Plaza Camino Real parking lot. In order to accomplish that access it is necessary to realign the road into the parking lot from the intersection of Monroe and Marron Road. In order to proceed Hughes Investment has asked that the Parking Authority take two actions. First is to consent to the revisions to the parking lot and the realignment of the roadway immediately adjacent to the Hughes development. The consent which they have requested is attached as Exhibit 3. Also attached is Exhibit A to Exhibit 3 which shows the detail of the proposed changes to the parking lot and access road. All work will be accomplished at the developer's expense. The developer has secured approval of all parties concerned with the Plaza Camino Real shopping center. The plan has been reviewed by the Land Use Planning Manager and the City Engineer who both agree that the proposed changes are consistent with the specific plan and are acceptable to the City. The City Manager recommends that the Parking Authority give its consent. The second action is a request from Hughes Investments that the Parking Authority grant an access easement to the North County Plaza over a portion of the Parking Authority's parking lot. Attached as Exhibit 4 is the easement deed and a plot plan showing the easement to be granted. All parties involved with the Plaza Camino Real shopping center have consented to the grant of easement. It has been reviewed by the Land Use Planning Manager and the City Engineer who find it consistent with the I. -2- General Plan and all applicable land use plans of the City. We have asked that the proposed grant of easement be reviewed by the City's bond counsel. Attached is his opinion letter (Exhibit 5), dated March 1, 1985, which concludes that the parking authority may grant the easement. The matter has been reviewed with the City Manager who recommends that the Parking Authority grant the easement . We have asked the City Clerk to call a special meeting of the Parking Authority to consider the two requests from Hughes Investments. We will attend that meeting and be prepared to answer any questions. In the meantime, please let us know if you need any more information on this matter. rmh attachments VINCENT F. BIONDO, JR. City Attorney c: City Manager City Clerk _- I . r. \ 1 . I CONSENT The undersigned, The Parking Authority of the City of Carlsbad and the City of Carlsbad, a municipal authority, as parties to that certain Public Parking Lot Operating Agreement dated January 20, 1981, among the undersigned, and Plaza Camino Real, a California limited partnership, hereby grant their approval to the redesigh of that certain roadway and to certain construction work on real property adjacent to said roadway, all as shown on the attached Exhibit "A", which roadway and adjacent real property are subject to said Public Parking Lot Agreement. Nothing contained herein shall be construed as waiving the requirement that all necessary governmental permits and approvals for such work be obtained from the City of . Carlsbad, including, without limitation, all necessary building permits. IN WITNESS WHEREOF, the undersigned have executed this Consent as of the day of , 1985. THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, a public corporation By : .. .% By : ATTEST: CITY OF CARLSBAD By : , City Clerk , Mayor APPROVED AS TO FORM: VINCENT E'. BIONDO, JR. City Attorney ! i b i P > 0 EXHIBIT "A" 7 RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: Hughes North County Associates Two Corporate Plaza, Suite 250 Newport Beach, California 92660 EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, a public corporation, hereby grants to HUGHES NORTH COUNTY ASSOCIATES, a general partnership, a roadway easement appurtenant to the real property legally described in the attached Exhibit "A" (the "Property") for the ingress and egress of motor vehicles to and from Marron Road and the Property over and across the real property legally described in the attached Exhibit ''B" and depicted on the attached Exhibit I'B-1" (the "Easement Area") at the two access points , shown on the attached ... Exhibit "B-1" (the "Access Points"). This conveyance is made in order to satisfy the requirements of the City of Carlsbad North County Plaza Specific Plan (SP-187) that access for motor vehicles be provided between Marron Road and the Access Points over and across Lot 27 of Carlsbad Tract No. CT-7618 owned by Grantor. This conveyance is made subject to the terms, covenants and provisions set forth in that certain Grant Deed from Plaza Camino Real, a limited partnership, to The Parking Authority of the City of Carlsbad, a- public corporation, recorded February 17, 1981, as Instrument No. 81-048011, Official Records, San Diego County, California, and to all other encumbrances of record. The subdivision and/or development of the Property shall not surcharge the easement granted hereby. Grantee's use of the easement granted hereby shall not be exercised so as to interfere with the use of the Easement Area for public driveway and/or roadway purposes in connection with the use and operation of Grantor's public parking lot on Grantor's adjacent real property. Grantor reserves the right to modify the improvements within the Easement Area and/or to change the location of the Easement Area provided that (1) the Easement Area, as reconstructed and/or relocated, provides reasonable ingress and egress for motor vehicles to and from Marron Road at its intersection with Monroe Street and the Access Points in accordance with all governmental requirements applicable to the development and use of the Property, (ii) reasonable temporary access is provided during construction periods to and from both said Access Points and Marron Road, and (iii) in the case of a relocation, Grantor provides or obtains all roadway improvements, approvals and/or permits required for such work and Grantee's use of the Easement Area, as relocated, and this Easement Deed is amended, of record, to describe the Easement Area, as relocated. Grantee agrees to join with Grantor in executing any such amendment to this Easement Deed. The term "reasonable ingress and egress" as used above means ingress and egress that is reasonable taking into account the actual development upon the Property and/or the uses and development then permitted by applicable governmental land use regulations. .' . Grantee's access from the Easement Area to the Property, in part, is over and across the real property legally described in the attached Exhibit "C" (the "Exhibit 'IC" Property") pursuant to an Access Agreement dated January 26, 1983, and recorded February 4, 1983, under File/Page No. 83-038257, Official Records, San Diego County. In the event that Grantee acquires title to the Exhibit "C" Property, Grantor agrees that the easement granted hereby shall become appurtenant to the Exhibit "C" Property, as well as to the real property legally described in the attached Exhibit "A" and that the term "Property" as used in this Easement Deed shall be deemed to include the Exhibit "C" Property. Dated: , 1984. THE PARKING AUTHORITY OF THE CITY OF CARLSBAD, a public corporation Bv : By : STATE OF CALIFORNIA 1 COUNTY OF 1 1 ss On this day of , 1984, before me, the undersignea Notary Public in and for said State, personally appeared , known to me (or proved to me on the basis of satisfactory evidence) to be - ~ the Mayor of the City of Carlsbad and I known to me (or proved to me on the basis of satisfactory evidence) to be the City Clerk of the City of Carlsbad, the public corporation that executed the with instrument and acknowledged to me that such public corporation executed the same. Witness my hand and official seal. Notary Public [Seal ] -2- LEGAL DESCRIPTION . *- THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF $AN DIEGO, AND DESCRIBED AS ?OLLOWS: COIWLNCtM6 rf VME SOUYHEAST CORNER ff THE UatW HALF OF Te IORW HALF OF SAID SECTION Mi THENCE ALONG THE SOUWERLI LIUE OF SAID NORTH WALf OF THE &ORTO4 MUFO @OATH 89*4l*2lm dElT9 24SOoT4 fL€T TO TtE HOST WESVWLV CORNER Of WAT PORTSON Of CALIOORNIA STAT€ HIGHWAY 11-SO.76 AS QESCRI6ED IN P&RC€L 1 IN DEfO TO THE STAfE OF 6ALIfDRNIAr CIECaROED MARCH I9 1971 AS FfLE WOO 37bZl)i THENCE ALOH; TM DQINDARV OF SA10 PARCEL 1 AS FOLLOUS: NORTM 27m36027m EAST9 6Dmt2 FELT; AND SOUTH 83°41'13a EAST 38016 FE€T TO THE 5ftIh;NINC OF A TANGENT 72.00 FOOT RADIUS CURdEr CWCAVE SOUTHY~~TERLYI ARD BEING A POINT HEREIN OESICNATEO AS POIWT .P; THE=€ COItflNUIrVC ALONG SAIU BDUNOAFtY SOUftlEASTfRLV ALOkC WE: ARC OF SAID CmVE AND OEIWC THE TRUE POINT OF OEGINNIW; THENCE RETRICIkC ALOK SA10 MOLmrDAUYe kOWfHWfSTERLY ALONG THE ARC 3F SA10 Cut= TO $410 POINT .YW; AND NORTH 8r41°13m CIESTr 38016 FEfT; CIEINC ALSO A POINT ON THZ SOUTHEASTERLY LINE 06 THAT PORTIaN OF CALIFORNIA STATE MIGHrlAt 11-SD-78 AS DESCRIBED IN PAkCEL B IN OE€D TO THE STATE Of CALIFORNIA, UECOROEO HAY 289 19119 4s FILE UOO 112979: THENCE ALONG SAID SOUTHEASTLRLY L1N kWTH ZF3b027m 6ASTm 28.01 FE€T TO THE MOST SOUTHERLY CORNER OF UW DESCRIBED IN PARCEL 2 AND 3 IN DIRECTOR'S DEED 10 BERWRD ZITROkr ET ALv RECORDED OCTOllLR l& 19t3 AS OOCUMENT NO. 73-285466i THENCE ALONG THE BOUNDARY OF SA10 PARCELS 2 AND 3 AS FOLLOWS: TO THE SOWHERLY LINE OF SAID NORTA HALF w WE lvQRtH nuF aF SKTICN 31 EXH IB I T " A " Page 1 of 5 L. - .* '. . e ALL Of LOTS 32 TO 36 INCLUSIVE9 OF nbSP QUCUWTUS FOREST CmPANYoS TRACT* 8rU THE CITV OF fARLSBA0~ ZN THE COWTV OF $AN DIEGO9 STATE Of CAlIfORYIA* ACCORDING IO HAP THfRLOf COO 11369 FILE0 IN TME ObFICE Of COWTY lECOROER OF SAN DIEGO COUNTY9 4WE 89 19060 TOG€THQR YITH THOSE ?DRTIONS Of LOTS 199 209 299 30 AND 31 OF SA10 WfP EUCALYPTUS CWPANY@S TRACT AND THAT ?ORTION OF CAULWAO RCAD ADJOINING SAIO LOTS AS VACATED AN0 CLOSFD TO PUBLIC US€w LYING SOWH€ASl€RLV OF A LIM OWAUN PARALLEL WITH AND 33 FEET NORTHULSTEULY tF YHf FOLLOWlNC DPSCCI1I)ED L fNEt COMENCTMG AT THE NORTrlEAST C3RNER OF TUACT 6 OF UWNA MESA TRACTS9 ACtORDlkC TO HAP THEREOF NO0 17199 FIL€D IN TME OFfX€ OF CWNTY RECORDER OF IAN DIEGO COWTI9 UNE ZOv 1921; THENCE ALONG THE NORTHERLY LINE OF )id91 FEET TO THE CENTER LINE OF COUNTY ROAD SUlYEY NO0 843 t&NOWN AS JEFCkRSCM STCIEEfe 60.00 FEfT YIOEl9 ACCORD16 TO WfICIAL FIAT THEREOF ON FILE IN WE OFFICE 06 VHE COWTV ENGIYEER OF SAN DIEGO COUNTY* BEING A POIWT ON THE ARC OC: A NON-TAYG€NT 432.92 FOOT RADIUS CURVE, CONCAVE UORTHY~STERLY~ A RADIAL LTNE OF SAID CUUVE EARS WWH 2la34@OOo EAST TO Sal0 POINTe AWD B,LIMJC ALSO THE TRUE POIW OF O€GI)tNINC~ THE=€ NOhG SAID CEKICR LINE AS QOtLOUS: NORT~EASTERLY ALOlrG THE ARC OF SAID CURVE TmOUGH A CECTRAL ANGLE OF 33°07'00m A DlSTANCE OF a9aOO FETi Am TANGENT TO SAID CURVE MRTM 3SoA9'0Oa EAST TO THE SOWWESTZULY LINE OF TMAT PORTION Of CALIFORNIA STATE nIGHwAV Al-SW70 AS DESCRIYED tN PARCEL l' IN DEED TO THE $TAT€ OF CALIFORNIA9 RECORD€D NAY 289 b971 AS FILE NO0 112919a €&C€FTlM FROM LOT 32 THAT PORTION Of WE M3UTeRlV 120000 fEET THERLOF LVIkG UESTEblY ff THE YESTfRLY LIU OF THE USTERLt 1110000 FEET TnERQOF. SAID HAP ULJO 17199 NORTH 89'2S.0OW wCST 4RfCORD NORTH W'ZeoOOo wfftl ALSO EXCEPTING fROn SAID LOT 32 THAT PORTION DESCRI6EO &S FmLOUS: * Page 2 of 5 . I bb0+90&3m* Ir DISTANCE OF 109.10 FEET;.THCNCE t4b TA%€NT TO SAID CURVE CURVL LUiCAVIE TO THE WRTWEST, HAVING A RADIUS OF ne00 FEET9 THROuCh A CLNfUAL ANCtE OF *S'OOoOO"r A DISTANCE OF 119038 FEET8 Tn€NCE 161 TANLENT TO IASt SAID CURVE, MOkTH OL'SZ*OO" YEST9 21.00 FEET; THEKE (71 RADIUS Of 72000 fEE.Ve THRDoCH A CENTRIC ANGLE OF 4Z010@20me A DISTANCE Of 53016 *€ET TO A LYCUE 120000 fEEY SOUTHERLY 0 TU€ NOllTHfkLI &IN€ OF SAID LOT )zi T*W€ 46) ALONG LAST SAID LINE9 SOUTH @9a41'21a EAST9 I24071 fEET THHCIE 494 ALONG LAIT SAID LINE, MRTH W18'39" EAST, 120mOO fEf1 TO SAID NORTHERkY LIME Of SAID LOT 32; THENCE (10) ALONG SAID HORTHERLY LIKE9 NORTM 8V4A02Am WESTQ PO4020 FEET TO THE TRlE POINT Of BECINNINGo . SOUTH V08'00m WESle SS-13 CEETS THENCE t5) SOUTHWEST€RLI AL0h;C A TANGENT NoatwEstEaLv ALONG A TANGENT CURVE. CONCAVE TO TME NORTtNAfT9 WVINC A 'TO A kfUE 810.00 FEET YESTLRCY QF THE EASTQRLI LINE JF SA!O LUT 32: ALSO EICQPTINC THEREfRaFl THAT PORllON Of SAID LOTS 32 Am 33 AND OF SAID CARLSBAD R3Ah DESCRIBE0 AS FOLCObf: (IECINYINC AT THE 1NlERfECflON OF THE SOUlH€AST€ULY RIGHT OF YAI LIKE OF JEFFERSW STREET AS DEFINED SY ROAO SURVEY H)o W3r CRANTEU TO THE COUNTY OF SIN DJ€CO BY DE€O RECORDED f€t)WA,WY 269 19419 IN bOQI 11329 PAGE 419 SOUTHERLV OF THE NURTHERLY LlNE OF SA10 LOT 32; TeK€ ALONG fb!D SOUTHEKLY LINE SOUTH 09'41°2Am €AS19 38007 fEfT; THENCE LEAVING SAID SOUTHE&LY LINE SOUTH 39°2?'i+a UEST. 311031 F€El; THENCE SOUTH 5Z02L'22' YES79 1600) FEET TO THE SWTHEAST€RLY LINE OF SAID RDAi, SURVEY NO. 6c3; TH(LNCE NORTH S3°4800Za UESTI 6O.OO F€EI TO A POINT OU THE NORTHWESTERLY L1M Of SAID ROAD SURVEY NO0 043; THEYCE LEAVTCC SAJD LINE9 NORTH 09*09'50' €AS79 28007 F€Ef; TMENCE NORTH 32°38034m EAST9 lb1020 fEE1; THEWE MRTH Z4°L7@lUa EAST, t9SotS FE€T TO A POINT ON THE WRTH l1NE OF LINE SOUTH DYO+l*Zla EAST* 141.49 FE€T TO TN SAID SOUltEASlERLV LINE Of SA10 ROAD SUIVEV NO0 043; THfNCE ALONL SAID SOUlHEASTERLI LINE SOUTH 35°12*359 YESTO 146091 FEET TO POINT W bLfINCINGm OFFICIAL RECORDS OF SA!O COlJNrfY, AN3 A LIME PARALLEL TO AVO 120000 FEET SAID "tIOSP EUCALPnUS FOREST COHPANVrS 1RACT.i THENCE ALONG SAXC NORTH ALSO EICQPTINC OWOH SAJD LOT 33 THAT PDRTION DEKRIbED AS FQLOWS: I Page 3 of 5 -.. . .. . CURVE,' CONCAVE N0RTHEASTtRI.Y; THEN€ SOUTHEASTERLY ALONG THE AUC Of SAID . CURVE TmOUGH A CENTRAL ANGLE Of 24'4S900m, A DISTAKE 36307Z fEET; TH€NCE SOUTH 44°5s044a UkST 161-00 QEET TO A POINT WICH BEAAS WRTH YEST b(1.19 FEET TO TM TAU€ POINT OF BEClNkIYCo 70°24@24m EAST Fit011 Tnf TRUE POINT OF BEGfNNlNG; THENCE SWTn 7Q28°24a bE(itNN1MG AT THE SOUTHEAST COUNER OF THL NORTH Wff OF WE UORTMAST OUMTER of SECTION 91, TOWSHIP 11 SOUTH, amcE 4 YBT; THENCE ALONG THE THENCE tao>0000- YEST, 33~~90 FEET TO THC BEGINNIS OF A TANCENT SOUTH LINE OF: SAID NORTH WLF NORTH b9°4201P UEST, 40402O FEnt THENCE SOUTH 962079 FEET TO THE NORTHERLY LINE OF MRRON UORO I82 FEET WIDE#; CURVE CONCAVE SDlrTHERtV HAVING A RADIUS OF bt2-00 FET; THEKE ULSTERLT ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF IP30°0P A OIfTANCL OF a24156 TAWENT CURVE CONCAVE ~ORTHI~ESTERLI HAVING A RADIUS OF 7S8.00 FEET; CEET; THEWE SOUftI 01°000000 WEST@ a16026 FEET TO Tni BftfNNIW OF A . THENCf SOUTHWESTERLV ALONG SA10 CURV€ THtnOuCH A CENTRAL ASL€ Of 13°L404C" A OYSTApL€ OF 177044 FEET; THENCE SOUTH 74.24@44. rLfTr 42-40 FEET TO THE TRUE POINT OF BECINNINti TdENt€ SOUTH 74°24044m WEfT9 97060 fEET TO TH€ TS8.00 FEET; THENCE )I1ORTHWESTfRlY ALONG SAID CURVE THROUGH A CEKTRAL ANWE OF 6S031'0O0 A DlfTAfdCE OF 800.61 FEET; THENCE NORTH 4SoO4*46" UESTW 13O.W FEET TO TH€ BtCIYNINf OF A TANGfNT CLRVL CONCAVE NORTHEAS7ERLY HAVING A RADIUS OF 558000 fEET; THENCE NORTWRLY ALOJC SA10 CURV€ TWOUCH A CENTRAL ANGLE DF 3l0OiaS9" A DISTANCE Of 302.72 FET; THENCE NORTH 13-59a170 WEST, 100000 FEET TO THE BEGINNING OF A TMCENT CURVE CONCAVE EASTfRLY HAVfNC A RADXJS OF 5S8.00 FEET; TnENCE NORTHERLY ALONG SAID CURVE TtlRGICn A C€NTRAL ANGLE OF &4°170170 4 Of STANCE OF 139.15 FEET TO .A POINT 1N THE SOUlHERLY LtICHT OF WAY LINE Of MAKRON ROAD 882 FEET WID€); THENCE NOWH OT4ZoOOa UEST, 82-00 fLET ALONG SAID RIGHT Of OAT LINE TO TM€ 8fiGINNINC OF Ir ION-TANGLNT CURVE CONCAVE EASTERLY HAVING A UOfUS OF 440-00 F€ETl TM€NCE SOUT'CIERCY ACONS SAID CURVE 7HROU;H & C€NTRAL ANGLE OF 14°170A?0 A OXSTANCE OF AS9010 FEET TO THE BECXNN1NC OF A REUEUSC CURVE CONCAVE NORTMUESTERLY MAVING A RADIUS DF 20000 FE-3 THENCE SOUTHWESTERLY ALONG SAID CURVE TnSWGtl A CENTRAL ANGLE OF 96e09000. A DISTANCE Of 31.42 FEETI TttfMCf SO&H 76°000W' WEST9 822050 F€ET TO Tt€ BEtI~NlluG OF A TeNGENT CURVE CONCAVE SOuTnERLY MAVfNC 4' RADIUS Of 530-00 FEET; THENCE Y€STflLI ALONG SA10 CURVE THWOUCH A CENTRAL AUGLE OF 40°48006r A OISTbNCE OF 3t7.43 FE€T TO A ?OIUT XN THE RlbHT OF MAY &!NE ff JEFFeSON STREET 460 FEET YlD€B; THLNLE $WTM S4m47e2Sm LAST9 601.00 FEET TO THE B€CSNNINt OF A kO)Y.TAINCIEW COR% CONCAV€ SOWHLRLI MAVINC A RADIUS OF 470-00 FEET; TMENCE lEASTERLV ALONG SAlD ClKVE Tt4ROlGH A CENTML AVGkE Of *V48°08m A DSSTANCO Qf 33+070 FEET3 W€NCE NORTH 76°000000 LAST 82209 FEET 10 THE OfC1NNZW; OF A TAUCEUT CURVE CONCAVE SOUTHYESTERLI HhVING A UADIUS Of 20000 ft3ET; TIIENCE SOUTHEASTERLV ALONG SAIU CURVE TMOuW A CENTRAL ANGLE Of )(tOO'OOa A DISTANCE OF 3bo42 FEET TO THE BkblWPNG Of A REVLkSE CURVE eEcIwtuG DF A TANGENT CURVE CONCAVE NORTHEASTERLY n4vx~t A RADIUS OF COMAVE NORTMEASTEUM MAVING A RADIUS OF 64ctnw FEET; TMKE sowMEaLv ALoMb SA10 CURVE ThROUGH A CWTRAL AWL€ OF 31m0+0590 A OlST4hCQ OF 347oka FEET; THE%€ SOUTH 45°04'Ibm EAST, 13OoOO 9€ET VO T% ldfCEMNIW QQ 4 Page 4 of 5 _. - . .. .. .. . - .. . . .. Page 5 of 5 Gsr)' ff POR SEC. 3j a77 ff t I 8 \ DISTANCE 1 W 00'31'00'E 44.26 P #m"@@* Ha 3 S#W'@E &45 4 N 43'2S'OO'W 64.37 CURVE DELTA RADIUS LENGTH 1 f9@(;d'uJr 400.00 /O;?GI 2 10'18'06' so0 . 00 89.90 3 PH'U' a +e' fi9: GI GEORGE S. NOLTE AND ASSOCIATES I BXHIBIT "B** )=I"= AT TRc -TERLY CORNlgR O? SAID W 27, SAID #)INT BEING ON A 758.42 (750 RECORD) iUDI11S CVRVt CONCAVE NORI%PUIY, WXQI A MDUL LINE BaRS SOW" 13°19'46m MST (Sormt 13°23'08m U"' mRD); THECE WORXHBA6~ AUNG flit ARC O? SAID &RVE 'TBw)QG& A DISTWCt O? 29.61 (2*12'00m A DISTANCt 0 29.13 BET RECORD)# TEmCE loItTII 74°26'00m WT Q 090 ?aTt -ct NORTH 15'34'00m UBST 180.03 ?BET# mcC NORW 9.53'22. =T 168.90 ?Icfi 'K) THE RA- A#iU O? 2.14'14. (NORTH 74'24'4P UST -INNING O? A TMGGNT 500.00 MDIUg CVRn -CAVE -LY To WXICR A lUDW LINE BEARS SOW8 80°06'380 WrST; TEmCE NORTHERLY MRIG fllE ARC O? UID CURVE mWB A CBSTRAL AWGM O? 10°1~'069 A DISTANCE 01 89.90 ?tfit mmc~ nom oo024*4~. ~AST 225.00 PEFZ TO mm ~~"ING OF A TMG~T 2so.00 RADIUS mRVE CONCAVE SOUTHUSTERLY To mIQ1 A MDIAL LIWE BURS WORTH 09°35'16m WEST; TifRdCC WORTHUSTPSLY ADS (ntt ARC OF SAID CURVE TMROGH A CESTML WLC O? 47'35'16° A DISTANCE O? 207.64 ?BET; mcC WORTH $0'25'36. DES aeS THE WESTERLY BOUJMZIY OF SAID I#r 27 AND BEING TBE BrCINNfK; OF A LINE BURS NORTH 43.24'44. WEST# THWCE SOmtRLY AIXIljC TEE mTERLY BOUJMRY O? SAID fLIT 27 AND Am ¶"I ARC O? SAID CURVE THR0U;II A OBTRCIL ANGLE OF 46'10'32. A DISTANCE O? 241.77 ?EE3t THENCE 8ovTI1 00°24'44m WEST 364.98 ?EET (SWTH 00'25'14m UST 365.00 ?Em mRD) TO THE DmINNING 01 A TNGPIT 89°35B16m WEST; THWCC SOUTHERLY AUNG THE ARC O? SAID CURVE THRWCH A C~TRAL ANGLE OF WWO~= A DISTANCE OF 137.67 PECT TO THE BIGINNING or A MRSE CURVE CONCCIVE WESTERLY HAVING A RADIUS O? 400.00 ?=TO WHICH A MDIU LINE BEARS NORTH 70'4l'3Sm UST; TEIRJCE SOUTHERLY AfXMe =E ARC OP #AID CURVE THROLGH A CCNTRAL AM;= O? 19.43'29. A DISTANCE O? 137.70 PEm; ZHmCE SOW 0O03l'0O0 WEST 44.26 ?EET (SOW" 00°2S'14m WEST 43.46 ?Em WT $0.45 ?W To A #)mT UmINAITER RE- 'K) AS KhINT 'Arn, OAXD POINT WOHTAWCgST 300oOO RADIUS CURVE coHCAV8 SOWI'HUSTERLY r0 WItIQl A RADIAL 400.00 RADIUS CURVE ODNCkVE EhSTtRLY To UXICH A MDIAL LINE BmRS NORTH mRD) To TIiL FORST O? BEINNIWG. .- -- THE ABOVE-DESCRIBED EASEMENT AREA IS SHOWN AS A HATCHED AREA ON THE ATTACHED EXHIBIT B-1. .. .. I. EXHIBIT "C" TO EASEMENT DEED Legal Description Lot 29 of Carlsbad Tract No. CT-7618 (Plaza Camino Real Shopping Center) according to Map No. 8956 filed in the Office of the County Recorder of the County of San Diego, State of California, on August 11, 1978. EXHIBIT "C" TO EASEMENT DEED Page 1 of 1 ,- e STRADLING, YOCCA, CARLSON & RAUTH A PROF E S S IO N AL COR PO RAT I 0 N FRITZ R. STRADLING NICK E. YOCCA C. CRAIG CARLSON WILLIAM R. RAUTH Ill H. C. SCHAAF RICHARD C. GOODMAN JOHN J. MURPHY THOMAS P. CLARK, JR. BEN A. FRYDMAN DAVID R. MCEWEN PAUL L. GALE RUDOLPH c. SHEPARD M. 0. TALBOT BRUCE C. STUART DOUGLAS F. HIGHAM E. KURT YEAGER ROSERT J. WHALEN ROBERT E. RICH PETER J. TENNYSON THOMAS A. PISTONE SCOTT E. MCCONNELL RENA C. STONE RANDALL J. SHERMAN BRUCE FEUCHTER LAWRENCE D. FRENZEL MARK J. HUEBSCH PEG1 A. GROUNDWATER DONALD J. HAMMAN JOHN J. SWIGART, JR. NEILA R. BERNSTEIN TONY L. LOWE CHRISTOPHER J. KILPATRICK NANCY RADER WHITEHEAD LEWIS 0. FELDMAN SYLVIA 0. LAUTSCH CLARK H. LIBENSON ERNEST W. KLATTE 111 LAWRENCE S. COHN ANN 0. CATRON ATTORNEYS AT LAW 660 NEWPORT CENTER DRIVE, SUITE 1600 JOHN E. BRECKENRIOGE OARYL H. CARLSON POST OFFICE BOX 7680 NEWPORT BEACH, CALIFORNIA 92660 TELEPHONE (714) 640-7035 March 1, 1985 OF COUNSEL TELECOPIER (7141 640-7332 Mr. Vincent F. Biondo, Jr. City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008 ' *- City Attorney Dear Mr. Biondo: At the request of Mr. Bill Hughes and with your authorization and direction we have reviewed a proposed easement deed to be executed by the Parking Authority of the City of Carlsbad granting to Hughes North County Associates a certain roadway easement for the ingress and egress of motor vehicles to and from Marron Road and certain other property legally described in the easement. Without having researched the title of the parcels shown it is our understanding that the easement is over property granted to the Authority by Plaza Camino Real, a limited partnership (the "subject property"), and is also the subject of covenants set forth in Resolution No. 23 of the Authority adopted for the authorization and issuance of $1,500,000 bonds of the Authority. We have been informed that a portion of the easement (Parcel 1) may eliminate a few parking spaces constructed from a bond issue of the Authority and leased by the Authority to the City. In addition, a portion of the easement (Parcel 2) will provide ingress and egress to property across the channel frm the subject property, if and when a bridge connecting the two properties is constructed. The limited scope of our examination is whether the granting of the easem+nt violates the covenants in said Resolution No. 23 or the conditions of the grant of the subject property to the Authority. The grant deed that I have at this time between Plaza Camino Real and the Authority was recorded at January 22, 1981 whereas reference is made in the easement deed to a grant deed recorded February 17, 1981. I am assuming that the February 17, 1981 EXHIEIT 5 .. . Mr. Vincent F. Biondo, Jr. County of San Diego March 1, 1985 Page Two recorded grant deed covers the parcel in question and that the property covered by the grant deed recorded January 22, 1981 covers additional portions of the subject property. However, I assume that the terms of conveyance in the two deeds are substantially the same. Section B1 of the January 22 grant deed provides that the land is conveyed to the Authority and dedicated to public use as a municipal parking lot available to the public. It further provides that said parking lot shall be operated by the Authority in such a manner to provide internal traffic routing and control so as to maintain proper flow of traffic around and within said parking lot, and to provide at all times access for ingress and egress to and from the ad joining lots. Although the Hughes North County Associates property is not part of the subject property, or what I could consider to be "adjoining lots" as referred to in the grant deed, I believe that the Authority (with the City's consent) can justify granting that portion of the easement (Parcel 1 ) on the basis of providing internal traffic routing. However, as to granting an easement on the Authority's land (Parcel 2) to provide ingress and egress to lots outside of the City could be interpreted as a violation of the conditions set forth in the grant deed, or it could be intepreted as being consistent with the conditions of the grant deed in that it provides another means of ingress and engress to the Plaza. The pertinent provision in the covenants with the bondholder Resolution No. 23 is found in Section 18, Covenant 5, a copy of which is attached hereto. The restriction is that the Authority may not encumber the subject property in a manner which might impair or impede the operation of the facilities or the rights of the bondholders with respect to revenues derived from the operation of facilities. The granting of the easement can create three scenarios : (i) the number of spaces which will be lost is so diminimus that the granting of the easement does not impede the rights of the bondholders and the City would be justified to continue to make the same lease rental payments as agreed upon in the lease agreement t or .. Mr. Vincent F. Biondo, Jr. County of San Diego March 1, 1985 Page Three (ii) a significant number of parking spaces will be eliminated such that it will be a detriment to the City and the City would contend that it would not be legally justified in making the same lease rental payment under the lease and thus impede the rights of the bondholders; or (iii) that the Hughes North County Associates will purchase the easement and the purchase price will go into the bond fund to help pay the interest on the bonds, and thus be in accord with Covenant 5. In regard to Parcel 2, it is my understanding that that easement will not result in the loss of any of the parking spaces leased to the City and therefore the granting of the easement would not, in our opinion, violate Covenant 5 in Resolution No. 23. In regard to Parcel 1, I do not believe that a taxpayer could successfully argue that the City must reduce its lease rental payments because of the loss of spaces due to the easement. The City looked to the development of the Plaza and the generation of sales tax revenues as justification to enter into the lease of the parking facilities. The easement will increase development in the Plaza generating more sales tax without any significant loss of parking, and the bondholders should be better protected because of the increased sales tax that the City will receive, and which can be used to make lease rental payments. The easement should also provide traffic flow which is not inconsistent with the use of the property as contemplated in Covenant 5. In summation, we are of the opinion based on the information that we have that the granting of the easement will not impede the rights of the bondholders, and if the City and the Authority agree, the Authority can grant the easement. Very truly yours, I AI Fritz I? Stradling FRS/tlk cc: Richard P. Sims, Esq.