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HomeMy WebLinkAbout1988-08-09; City Council; 9569; APPROVAL CONSULTANT AGREEMENT FOR INSPECTION SERVICES ACCEPTANCE OF EASEMENTS FOR PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICTF CARLSBAD - AGEND * RECOMMENDED ACTION: Adopt Resolution No. ffd2 74approving a consultant agreement with Willdan Associates for resident inspection services for the Palomar Airport Road West Assessment District, Project No. 3151. Adopt Resolution No. ff42 g accepting easements from the Huntington Beach Company +the Palomar Airport Road West Assessment District, Project No. 3151. ITEM EXPLANATION: On July 19, 1988, the City Council adopted Resolution No. 88-250 awarding the construction contract for the Palomar Airport Road West Assessment District, Project No. 3151. Construction is tentatively scheduled to begin in mid-August and continue for a period of approximately ten (10) months. The City requires services of a full-time resident inspector for the project to insure construction conformance to the plans and specifications as well as quality control. Because of the magnitude and complexity of the construction of this project, staff recommends retaining a private consultant inspector who will be assigned full-time to this project. City staff is unavailable for a full- time assignment lasting up to ten (10) months. On several prior occasions, staff has attempted to secure consultant services for qualified, experienced resident inspectors for complex and lengthy public works construction projects. Because of the increased level of public and private construction activities in the building industry currently, construction inspectors have not proven to be available for extended contracts for City projects. Additionally, few private consultant inspectors are experienced with local government procedures and inspection processes. Staff has negotiated the attached consultant agreement with Willdan Associates who will provide a qualified resident inspector for this project under the supervision of the Municipal Projects Department. This same inspector performed identical duties in 1987 during the 3 0 0 w 0 Page Two of Agenda Bill No. q3-d? c * Also attached for the City Council's acceptance are easement documents from the Huntington Beach Company affecting the last remaining right-of-way requirements for the Palomar Airport Road West Assessment District project. On May 24, 1988, the City Council conducted the public hearing and authorized the acquisition of outstanding project right-of-way through eminent domain. With the Council's acceptance of the attached easements from Huntington Beach, condemnation will not be necessary. Staff recommends acceptance of the attached easement documents. FISCAL IMPACT: The total cost of resident inspection services for the Palomar Airport Road West Assessment District project in accordance with the rates, terms, and conditions of the attached consultant agreement is estimated to be $86,400. Cost of inspection services has been included as an expense in the preliminary assessment spread confirmed by the City Council in the formation of the District on July 5, 1988. All costs related to inspection services for the project will be assessed to the District participants upon confirmation of the final assessment at the conclusion of the project. EXHIBITS : 2. Resolution No. ffM2y4- approving a consultant agreement and ,,,&~~o~'accepting easements for the Palomar Airport Road West .Assessment District, Project No. 3151. RESOLWTI 2. Consultant Agreement. 3. Easement documents from the Huntington Beach Company on file in the Office of the City Clerk. L c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 l9 20 z1 22 23 24 25 26 27 2a 0 w RESOLUTION NO. 88-274 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A CONSULTANT AGREEMENT FOR THE PALOMAR AIRPORT ROAD ASSESSMENT DISTRICT, PROJECT NO. 3151 WHEREAS, the City Council of the City of Carlsbad ha previously on July 5, 1988 confirmed the preliminary assessment and unanimously approved the formation of the Palomar Airpor Road West Assessment District; and, WHEREAS, the City Council has previously on July 19, 198 awarded a construction contract to effect said project; and, WHEREAS, the City Council hereby finds it necessary desirable and in the public interest to retain the services c a full-time resident inspector to assist City in th administration and construction of said project; and, NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitations are true and correct. 2. That a consultant agreement with Willdan Associate for resident inspection services for the Palomar Airport Roz West Assessment District Project is hereby approved and tk Mayor and City Clerk are hereby authorized and directed t execute said contract. Following the Mayor's signature of saj documents, the City Clerk is further directed to forward a coy i /// /// /// /// /// \ 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 w of said agreement to Willdan Associates and the Municipal Projects Department for their records. PASSED, APPROVED AND ADOPTED by the City Council of th City of Carlsbad at its regular meeting held on the 9th da of August , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: Council Member L ATTEST: ALETHA L. RAUTENKRANZ, City cfilerk (SEAL) I < 4 1 2 3 4 5 6 7 8 9 10 l1 12 l3 l4 15 16 17 l8 I' 2o 21 22 23 24 25 26 27 28 - 0 RESOLUTION NO. 88-275 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING EASEMENTS FROM THE HUNTINGTON BEACH COMPANY FOR THE PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT PROJECT WHEREAS, the City Council of the City of Carlsbad ha previously on July 5, 1988 confirmed the preliminary assessment and unanimously approved the formation of the Palomar Airpor Road West Assessment District; and, WHEREAS, the City Council has previously on July 19, 198 awarded a construction contract to effect said project; and, WHEREAS, the City Council hereby finds it necessary desirable and in the public interest to accept certain easement from the Huntington Beach Company required for said project NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitations are true and correct. 2. That the easements from Huntington Beach Company fo said project are hereby accepted and the City Clerk is hereb Followin the City Clerk's signature on said easements, City Clerk i further authorized and directed to return the original copies o I authorized and directed to execute said documents. //I /// /// /// /// /// /// . c I 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 w e the documents to Municipal Projects for subsequent forwarding tc the Special Counsel and escrow company established for saic project. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 9th day of August , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux NOES: None ABSENT : Council Member La ATTEST: ALETEIA L. RAUTENKRANZ, City Cherk (SEAL) I 0 w i . + AGREEMENT FOR CONSTRUCTION INSPECTION SERVICES THIS AGREEMENT, made and entered into as of the 19th day of July, 1988, by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City, Il and Willdan Associates, a California corporation, hereinafter referred to as 9tConsultant. II RECITALS City requires the services of an Engineering consultant to provide the necessary engineering inspection services for the City of Carlsbadls construction of the Palomar Airport Road West Assessment District, Project No. 3151 under the direction of the Municipal Projects Department of the City of Carlsbad; and Consultant possesses the necessary skills and qualifications to provide the services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS a. Provide construction inspection services for the City of Carlsbad's Palomar Airport Road West Assessment District, Project No. 3151, hereafter referred to as the I*projectl8 under the direction of the Municipal Projects Department of the City of Carlsbad. 0 I c * 2 b. Act as liaison between utility agencies, citizens and City staff as related to the project. Coordinate and implement project and traffic safety. Attend such meetings of public or private groups as may be required in conjunction with the project. c. d. e. Be llon-callll and on the project sites during all phases of the construction of the project until the project is completed and accepted by the City of Carlsbad, through and to include the llas-builtll plans submittal and approval. f. Maintain a schedule of days and hours of availability during all phases as work is in progress and maintain complete vigilance of the project. g. Provide all personal transportation during the course of this agreement. h. Maintain automobile, bodily injury, and property damage liability insurance covering owned, non-owned, rented and hired automobiles and other vehicles; the combined single limit for bodily injury and property damage shall not be less than $300,000. Provide the City with additional qualified construction inspectors, if requested by the City of Carlsbad. i. 2. CITY OBLIGATIONS Under the general direction of the Municipal Projects Department and subject to the provisions of Section 10 of this agreement, the City shall: w e * 3 a. Set the schedule of days and hours Consultant shall work, however, using its best efforts to consider the needs of Consultant in setting such hours. b. Make available to Consultant all records, reports, and other documents deemed necessary by Consultant to properly perform the services required by the City. 3. CONSULTANT COMPENSATION a. Under the general direction of the Municipal Projects Department and subject to the provisions of Section 10 of this agreement, the City shall compensate Consultant for inspection services only in accordance with the terms, conditions, and services as outlined in the Consultant's proposal letter dated February 24, 1988, identified as Exhibit A which is attached hereto and incorporated by reference herein, to be performed under Section 1 above at a rate of $54.00 per hour. Said compensation shall be expressly limited to time actually at the City offices, on the project site, or in the field on behalf of the City of Carlsbad. All Consultant hours, regardless of the total number per day or per week during the course of this project, shall be compensated at the above referenced rate. b. It is understood by the parties to this agreement that the aforementioned hourly rate shall be considered to be the compensated rate for the duration of the project. The Consultant warrants that no adjustments w 0 6 + 4 in hourly rate shall be requested during the term of this agreement. Transportation shall be provided by the Consultant and no additional compensation shall be paid by City to Consultant for transportation to or from home to work place or for field trips within the City on behalf of the City of Carlsbad. c. d. Additional expenses related to this agreement for meetings outside the limits of the City, transportation, meals, etc., shall be reimbursed by the City on the basis of actual cost where specifically approved in advance by the City and upon submission of itemized invoices to the City of Carlsbad. 4. PAYMENT OF FEES Fees earned pursuant to Section 3A of this agreement shall be paid by City within thirty (30) days of delivery of monthly billing based on time and materials expended, provided, however, that no fees shall be paid until the bill has been verified and approved by the City. Payment of any fees pursuant to this section shall not constitute a waiver by City of any breach of any part of this agreement. Reimbursement pursuant to Section 3d of this agreement shall be made in accordance with existing City reimbursement policies. 5. CHANGES IN WORK If, in the course of this Contract, changes seem merited by the Consultant or the City, and informal consultations with the a w * . 5 other party indicate that a change in the conditions of the Contract is warranted, the Consultant or the City may request a change in the Contract. Such changes shall be processed by the City in the following manner: A letter outlining the required changes shall be forwarded to the City by Consultant to inform them of the proposed changes along with a statement of estimated changes in charges or time schedule, After reaching mutual agreement on the proposal, a supplemental agreement shall be prepared by the City and approved by the City Council. Such supplemental agreement shall not render ineffective or invalidate unaffected portions of the agreement. Changes requiring immediate action by the Consultant or City shall be ordered by the Municipal Projects Manager, who will inform a principal of the Consultant's firm of the necessity of such action and follow up with a supplemental agreement covering such work. 6. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this agreement, For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or, in its discretion, to deduct from the agreement price or e w * + 6 consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 7. NONDISCRIMINATION CLAUSE The Consultant shall comply with the State and Federal Ordinances regarding nondiscrimination. 8. TERMINATION OF CONTRACT In the event of the Consultant's failure to prosecute, deliver, or perform the work as provided for in this Contract, the City may terminate this Contract for nonperformance by notifying the Consultant by certified mail of the termination of the Contract. The Consultant, thereupon, has five (5) working days to deliver said documents owned by the City and all work in progress to the City. The Municipal Projects Manager shall make a determination of fact based upon the documents delivered to City of the percentage of work which the Consultant has performed which is usable and of worth to the City in having the Contract completed. Based upon that finding as reported to the City Council, the Council shall determine the final payment of the Contract. 9. DISPUTES If a dispute should arise regarding the performance of work under this agreement, the following procedure shall be used to resolve any question of fact or interpretation not otherwise settled by agreement between parties. Such questions, if they become identified as a part of a dispute among persons operating under the provisions of this Contract, shall be reduced to w 0 .r * 7 writing by the principal of the Consultant or the Municipal Projects Manager. A copy of such documented dispute shall be forwarded to both parties involved along with recommended methods of resolution which would be of benefit to both parties. The Municipal Projects Manager or principal receiving the letter shall reply to the letter along with a recommended method of resolution within ten (10) days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the dispute shall be forwarded to the City Council for their resolution through the Office of the City Manager. The City Council may then opt to consider the directed solution to the problem. In such cases, the action of the City Council shall be binding upon the parties involved, although nothing in this procedure shall prohibit the parties seeking remedies available to them at law. 10. RESPONSIBILITY OF THE CONSULTANT The Consultant is hired to render professional engineering inspection services only, including but not limited to construction inspection and construction management of assigned projects. Any payments made to Consultant are compensation solely for such services as Consultant may render and recommendations Consultant may make in the course and scope of this project . 11. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) days written notice to the other party. v 0 $ 4 8 1:n the event of such suspension or termination, upon request of the City, the Consultant shall assemble the completed work product and put same in order for proper filing and closing and deliver said product to City. In the event of termination, the C!onsultant shall be paid for work performed to the termination date; however, the total shall not exceed the guaranteed total maximum. The City shall make the final determination, with said determination which shall be subject to judicial review, as to the portions of tasks completed and the compensation to be made. C!ompensation to be made in compliance with the Code of Federal Ftegulations. 1.2. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant's own way as an independent Contractor and i.n pursuit of Consultant's independent calling, and not as an employee of the City. Consultant shall be under control of the Clity only as to the result to be accomplished and the personnel assigned to the project, but shall consult with the City as provided for in the request for proposal. The Consultant is an independent contractor of the City. The payment made to the Consultant pursuant to this contract shall be the full and complete compensation to which the C!onsultant is entitled. The City shall not make any Federal or State tax withholdings on behalf of the Consultant. The City shall not be required to pay any workers' compensation insurance on behalf of the Consultant. The Consultant agrees to indemnify a 7 < b 9 the City for any tax, retirement contribution, social security, overtime payment, or workers' compensation payment which the City may be required to make on behalf of the Consultant or any employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this agreement. 1.3. OWNERSHIP OF DOCUMENTS The City acknowledges that the following referenced materials are the Consultant's instruments of service and are not products and, as such, they are normally the property of the C'onsultant; however, by this agreement for these projects only, all1 plans, studies, sketches, drawings, reports, and specifications as herein required are the property of the City, whether the work for which they are made to be executed or not. In the event this Contract is terminated, all documents, plans, specifications, drawings, reports, and studies shall be delivered forthwith to the City. Consultant shall have the right to make one (1) copy of the plans for his/her records. Any use of these materials on these projects, is not completed on a timely basis, or any other projects, without the prior written consent of C!onsultant shall be at the sole risk of the City. w * < L 10 14. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities, penalties, fines, or any damage to goods, properties, or effects of any person whatever, nor for personal injuries or death caused by, or resulting from, any intentional or negligent acts, errors or omission of Consultant or Consultant's agents, employees, or representatives. Consultant agrees to defend, indemnify, and save free and lharmless the City and its officers and employees against any of the foregoing liabilities or claims of any kind and any cost and expense that is incurred by the City on account of any of the foregoing liabilities, including liabilities resulting from defects in plans and specifications. 15. ASSIGNMENT OF CONTRACT The Consultant shall not assign this Contract or any part thereof or any monies due thereunder without the prior written consent of the City. 16. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this Contract by the Consultant, Consultant shall be fully responsible to the City for the acts and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Contract shall create any contractual relationship between any subcontractor of Consultant w 0 \ c 11 amd the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this C!ontract applicable to Consultant's work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 17. PROHIBITED INTEREST No official of the City who is authorized in such capacity oln behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or approving of any architectural, engineering, inspection, construction or material supply contractor, or any subcontractor in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part thereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any executive, supervisory, or other similar functions in connection with the performance of this Contract shall become directly or indirectly interested personally in this Contract or any part thereof. 18. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any Officer, agent, or employee of the City, either before, during, or after the execution of this Contract, shall affect or modify any of the terms or obligations herein contained nor such verbal agreement or conversation entitles the Consultant to any additional payment whatsoever under the terms of this Contract. v * c 12 :L9. SUCCESSORS OR ASSIGNS Subject to the provisions of Section 14, "Hold Harmless Agreement, It all terms, conditions, and provisions hereof shall insure to and shall bind each of the parties hereto, and each of t:heir respective heirs, executors, administrators, successors, and assigns. 2!0. EFFECTIVE DATE This agreement shall be effective on and from the day and year first above written. 21. CONFLICT OF INTEREST The Consultant shall file a Conflict of Interest Statement with the City Clerk of the City of Carlsbad in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. 22. INSURANCE The Consultant shall obtain and maintain a policy of liability insurance from an insurance company authorized to be in business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000) per occurrence and annual aggregate. This insurance shall be in force during the life of this agreement and shall not be cancelled without ten (10) days prior notice to the City. 7 0 L 13 The City shall be named as an additionally insured on this policy. The Consultant shall furnish a certificate of said insurance to the City upon request. IN WITNESS WHEREOF, we have hereunto set our hands and seals. WILLDAN ASSOCIATES CITY OF CARLSBAD: Mayor APPROVED AS TO FORM: ATTESTED : Pissistant City Attorney City Clerk Exhibit 1 7’ &-CSJ@ F@ 26 md Mr. John Cahill pRoJ€c~s Municipal Projects Manager ~“!$;S\ON v WILLDAN ASSOCIATES 0 ENG NEERS & PLANNERS ‘’Tw February 24, 1988 CITY OF CARLSRAD Carlsbad, CA. 92009-4859 . 2075 Las Palmas Drive Dear John: Willdan Associates is pleased to offer our construction management/resident engineering services to the City of Carlsbad in connection with the construc- tion of the Palomar Airport Road West Assessment District. We have, through our plan check agreement with the City, reviewed the preliminary construc- tion plans for this project and believe we are familiar with the overall scope of the project. As this will be a high profile project for the City, we understand the need for close construction monitoring through the efforts of a thoroughly qualified resident engineer. This person needs to be familiar with not only the con- struction details but also the management aspects of the project, as opposed to subdivision work where the City’s efforts are directed primarily at main- taining public safety and assuring improvements are constructed in accordance with the approved plans. An assessment district project involves a consider- aisle number of additional areas of emphasis, including maintaining proper schedules, payment provisions, and addressing potential contract change orders. The resident engineer should also be able to communicate effectively with both the contractor and City staff so that smooth relationships can .be maintained to benefit the project as a whole, To address the needs of this project, we propose to assign Mr. Rob LeNeve to the assignment. Bob recently completed similar work for the City on the La Costa Avenue/EI Camino Real intersection improvement project and mitiga- tion program. I believe that you are thoroughly familiar with Rob’s skills and his ability to perform work of this nature. When we discussed this assign- ment previously, we had talked about the possibility of utilizing Jim Paige for tlhis assignment. During the intervening period, however, Jim has been assigned to a project in Encinitas and thus, will likely not be available to the City of Carlsbad when this project begins in June. If the situation changes bletween now and that time, we would, of course, be willing to provide Jim to the City of Carlsbad for the project. ‘?363 GREEbJWlCH DRIVE SUITE 250 0 SAN DIEGO, CA 921 22-3939 . (61 9) 457-1 1 gg 4 v e , February 24, 1988 Letter Proposal to John Cahill CITY OF CARLSBAD Page Two - With respect to the specific scope of services, we propose to maintain a colnstruction managerlresident engineer on a full time basis throughout the life of the project. The scope of services would include, but not necessarily be limited to, the following: 1. Provide construction observation services for all elements of work, including streets, drainage, traffic signals, grading, and relandscaping programs. 2. Coordinate testing and survey activities, as required, and act as liaison between the contractor and the City. 3. Provide overall project administration, acting as required on behalf of the City. Review and recommend approval of progress payment requests. and report these, as required. Review and recommend approval of contract change orders. 4. 5,, Review and maintain files of contractor's wage and employment records 6,, 7 d, Provide constant coordination with the City, permitting agencies, and 8 <, Perform final inspections and make recommendations for acceptance by 9. Maintain appropriate daily logs of inspection activities and prepare the utility companies affected by the construction. the City. necessary final reports and notices. With respect to the fee for services, we propose to complete the project on an hourly rate basis, Our proposed fee is $54.00 per hour, which includes the full cost of Bob's services, along with incidental costs including his truck and inspection equipment. This fee assumes that the project will begin no later than July 1988, with construction completed by July 1989. Should construc- tion extend beyond that time, Willdan reserves the right to renegotiate the fee based on an increase in the ENR Construction Cost Index. T \! ---- - ________. - -- & w * February 24, 1988 Letter Proposal to John Cahill CITY OF CARLSBAD - P#age Three We appreciate the opportunity to be of continuing service to the City of Carlsbad and are committed to providing a quality and responsive service on this project. Yours truly, WILLDAN ASSOCIATES ?iz=f%+Y@-J- 1 Robert M. Sergeant Dlivision Manager RMS:sf Encl. LP 88-39 T - - - . . - - - __ __. - . 0 0 WHEN RECORDED, PLEASE MAIL 'THIS *INSTRUf.JNT TO : GI T Y CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel Project NO. 212-041-03 W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation, hereinafter called llGRANTOR1f does hereby grant, convey and dedicate to the CITY CARLSBAD, State of California , hereinafter called "GRANTEE", an easement for pub highway and public utility purposes and incidents thereto, upon, over and across t certain real property within the CITY OF CARLSBAD, State of California, described follows : See the attached legal description designated Exhibit "A" and attached Acquisition P designated Exhibit rfBrl, each made a part hereof by reference. GRANTOR hereby further grants to the CITY OF CARLSBAD that privilege and right to ext drainage structures and excavation and embankment slopes 100 feet beyond the limits of herein described right-of-way where required for the construction and maintenance of si Highway. RESERVING unto GRANTOR, its successors or assigns, the right to eliminate si slopes and/or drainage structures or portions thereof, when in the written opinion of ' City Engineer of GRANTEE, the necessity therefore is removed by substituting otl protection and/or support and/or drainage facility, provided such substitution is fii approved in writing by said Engineer(s), which such approval shall not be unreasonal withheld. GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that may hereaf grow), and road building materials within said right-of-way, together with the right use the same in such manner and at such locations as said GRANTEE may deem proper, need and necessary, in the construction, reconstruction, improvement or maintenance of Si highway. The GRANTOR, for itself, its successors and assigns, hereby waives any claim for any : all damages to GRANTOR'S remaining property contiguous to the right-of-way hereby conve: by reason of the location, reconstruction or landscaping of said highway in the manr proposed. Dated this 19' day of (+.lvJ 9 1988. STATE OF CAL1FORNIA)ss. County of J,\hi7i, ) On ($.* / 7 , lgz, before me, the undersigned, if. Notary Public in and for sa f]ffiCEr Of \iUi~~ingtOIl kKrh CoflIf'ab! personally known tb me (or proved to me on the basis satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the with instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. c COUQ y and State, personally appeared 8' Yire F~:~j~i't";, ,I I Q&/&Q -2 - ,1 &--fF-4 No6ary Public in and forVsa@County and State 0 e 4. Th?s is to certify that the interest in'real property conveyed by the foregoing -% corporation grand deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. 8f-+7,j 'adopted on #&&cr 9, /3%P , and the Grantee consents to recordation thereof by its duly authorized officer. Dated && 1 0 ti 9Bg' BY &&-ZALdp.Q- ALETHA L. RAUTENKRANZ, City yerk 0 e - -, - '* EXHIBIT "A" Assessors Parcel 212-041-03 All that portion of that certain parcel of land designated as "Description No. 3, 78.04 acres" as shown and delineated on Record of Survey Map No. 5715, filed in the office of the County Recorder of the County of San Diego, on December 19, 1960, being a portion of lot "G" of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1896, in the City of Carlsbad, County of San Di ego, St ate of Cal i forni a, being more part i cul arly described as f 01 1 ows : Beginning at the most southwesterly corner of said Description No. 3, said point being on a 1,500.00 foot radius curve concave southerly, said point being on the centerline of the 100 foot wide right-of-way, known as Palomar Airport Road, according to Road Survey No. 1534, on file in the office of the County Surveyor of said County, a radial line to said point bears N 7"20'37" E; thence easterly along said curve, and along said centerline, through a central angle of 4'19'30, an arc length of 113.23 feet to the end of said curve, said point being shown on said Road Survey No. 1534, as Engineer's Station 78+25.34 EC; thence continuing along said centerline S 78"19'53" E (S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of land described in deed to the Epoh Investment Club, recorded November 15, 1961, as file No. 197951, O.R.; thence leaving said centerline, along the easterly line of said deed, N 3'33'23" E (N 2'36' E per recorded deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being on the northerly right-of-way of said Road Survey No. 1534; thence along said northerly right-of-way line N 78O19'53" W (N 78'20'53" W per Road Survey No. 1539), 286.97 feet to the beginning of a tangent curve concave northeasterly, and having a radius of 25.00 feet, said point being the most southeasterly corner of the right-of-way known as College Boulevard, granted to the City of Carlsbad in deed recorded July 3, 1985, as F/P 85-239994, O.R.; thence along said curve through a central angle of 9O"OO'OO" an arc length of 39.27 feet; thence tangent to said curve, N ll"40'07" E (N 11'39'04" E per said DLW/skg 268-01-1 (w) .229.48 Page 1 of 2 0 * I . ".e *\ right-of-way deed), 9.70 feet to the beginning of a tangent curve concave northeasterly and having a radius of 25.00 feet, a radial line to said point bears N 78'19'53" W; thence southeasterly along said curve through a central angle of 92'40'07" an arc length of 40.43 feet; thence tangent to said curve S 81'00'00" E, 130.54 feet to the beginning of a tangent curve concave southwesterly, having a radius of 40.00 feet; thence southeasterly along said curve through a central angle of 31'47'18", an arc length of 22.19 feet to a point of reverse curvature with a curve concave northeasterly and having a radius of 40.00 feet ; thence southeasterly a1 ong said reversi ng curve through a central angle of 31'47'18", an arc length of 22.19 feet; thence tangent to said curve S 81'00'00" E, 100.00 feet to the beginning of a tangent curve concave southerly and having a radius of 2,363.00 feet; thence easterly along said curve through a central angle of 0'16'28" an arc length 11.31 feet to the intersection with the easterly line of said deed to the Epoh Investment Club; thence along said easterly line S 3'33'23" W, (S Z"36' W per said deed), 11.05 feet to the TRUE POINT OF BEGINNING. DLbllskg 268-01-1(~).229.48 Page 2 of 2 * I \'\s\@' ,I -- e 1 1 up *, M I1'40'07 "E 9.70' (N I I" 39'04" E PE PEED) ! HEMjPLr' &7g& tmv -@mf OF tfyzthvpv ; +-*lm w.3,- U,T, 5. Jwww3f w. 5715 5UOW -\ sSsf0.22Ff-~ = 0.0% 601'00' 00" E 1W&' A=?31'M1@'' p--&~@l L5&.14' ,SlPa/7'@'12W@ L=W.H' 4@1'00 '00 "E 1cTo.00' -m UWW W =WWW Torn IW N*vm'.2/3'E 557.30' (NPO%'E pt'lp -1 L w4=M- !!Pt,V~@B!!!U!!W ASSOCIATES ACQUISITION PLAT CONSULTING ENGINEERS wi-4plt-T " P' 4455 MURPtfY CANYON ROAD, SUE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job No. .z68- 01987 PouNrNEY g, ASSOCIATES, INC. Date: cf/@/m By: Q. I/JPML Sheet I Of / S 0 0 ..WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel Project NO. 212-041-04 W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation, hereinafter called "GRANTOR" does hereby grant, convey and dedicate to the CITY CARLSBAD, State of California, hereinafter called "GRANTEEyf, an easement for pub: highway and public utility purposes and incidents thereto, upon, over and across ti certain real property within the CITY OF CARLSBAD, State of California, described follows: See the attached legal description designated Exhibit ''At1 and attached Acquisition PI designated Exhibit "B", each made a part hereof by reference. GRANTOR hereby further grants to the CITY OF CARLSBAD that privilege and right to exte drainage structures and excavation and embankment slopes 100 feet beyond the limits of t herein described right-of-way where required for the construction and maintenance of si Highway. RESERVING unto GRANTOR, its successors or assigns, the right to eliminate SL slopes and/or drainage structures or portions thereof, when in the written opinion of t City Engineer of GRANTEE, the necessity therefore is removed by substituting otk protection and/or support and/or drainage facility, provided such substitution is fir approved in writing by said Engineer(s1, which such approval shall not be unreasonat withheld . GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that may hereaft grow), and road building materials within said right-of-way, together with the right use the same in such manner and at such locations as said GRANTEE may deem proper, needf and necessary, in the construction, reconstruction, improvement or maintenance of sa highway. The GRANTOR, for itself, its successors and assigns, hereby waives any claim for any a all damages to GRANTOR'S remaining property contiguous to the right-of-way hereby convey by reason of the location, reconstruction or landscaping of said highway in the mann proposed. Dated this /9 'A -- day of 99 , 1988. HUNTINGTON BEACH COMPANY, STATE OF CAL1FORNIA)ss. County of L)L-~~(~C ) On d2 /"I' 19 !(', before me, the undersigned, Notary Public in and for sa ersonally known to me (or proved to me on the basis c Coudty ad State, appeared r ! ~'iOi> lib' '"'' Office; of Hui!ti:ig!on D? satisfactory evid the person(s) whose namecs) idare subscribed to the withj instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. u (2 & oLp4L $7 ,,qe + , /' Ndtary Publie in and Mr g4id County and State - 7--r--..p-S-- I 0 0 This is to certify that the interest in real property conveyed by the foregoing * corporation grand deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad California pursuant to Resolution No. //-@fadopted on , and the Grantee consents to recordation thereof by its duly author'ized officer, err T /y// Dated &- 1 a. /?Jf BY B A L*RA "{E N gwr k I .* e 0 . E XH I B IT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-04 All that portion of that certain parcel of land designated as "Description No. 3, 78.04 acres" as shown and delineated on Record of Survey Map No. 5715, filed in the office of the County Recorder of the County of San Diego, on December 19, 1960, being a portion of Lot "G" of the Rancho Agua Hedionda, according to Map thereof No. 823, filed in the office of the County Recorder of said San Diego County, November 16, 1986, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at the most southwesterly corner of said Description No. 3, said point being on a 1,500.00 foot radius curve concave southerly, said point being on the centerline of the 100 foot wide right-of-way, known as Palomar Airport Road, according to Road Survey No. 1534 on file in the office of the County Surveyor of said County, a radial line to said point bears N 7'20'37" W; thence easterly along said curve, and along said centerline, through a central angle of 4'19'30", an arc length of 113.23 feet to the end of said curve, said point being shown on said Road Survey No. 1534, as Engineer's Station 78+25.34 EC; thence continuing along said centerline S 78'19'53" E (S 78'20'53" E per Road Survey No. 1534) 382.97 feet, to the most southeasterly corner of land described in deed to the Epoh Investment Club, recorded November 15, 1961, as File No. 197951, O.R.; thence leaving said centerline, along the easterly line of said deed, N 3'33'23" E (N 2'36' E per recorded Deed) 50.50 feet to the TRUE POINT OF BEGINNING, said point being on the northerly right-of-way of said Road Survey No. 1534; thence along said northeasterly right-of-way of Road Survey No. 1534 S 78'19'53" E DLW/skg 268-01-1(~).229.50 Page 1 of 2 ., 0 0 * * (S 78'20'53" E per Road Survey No. 1534) 1,654.17 feet to the intersection of a non-tangent curve concave southwesterly and having a radius of 2063.00 feet, a radial line to said point bears N 18'06'15" E; thence westerly along said curve through a central angle of 6'26'08" an arc length of 231.72 feet; thence tangent to said curve N 78"19'53" W, 1,325.70 feet to the beginning of a tangent curve concave southerly and having a radius of 2,363.00 feet; thence westerly along said curve through a central angle of 2'23'39" an arc length of 98.74 feet to the intersection with the easterly line of property described in said Epoh Deed; thence leaving said curve along said easterly line, S 3O33'23" W (S 2'36' W per said Deed) 11.05 feet to the TRUE POINT OF BEGINNING. DLW/skg 268-01-1(~) .229.50 Page 2 of 2 I ' ' . - 'MPST I-- '' or 0IIRVEY MO.5715 DE3CKIPTIO~ Mo. 3 , RmRl3 ENGIMGSEWs STATLOL~ 78+25.34 E.C. PER RCLV 4ulWfZ1' I534 'L= 1ta.23' FRm=-f=5wm m=~WIE.IW I E1 APN 21Z-oClI-O4 AREA 7D BE ACQUIRED SCWWH //// m,446*Io.RZ~ 0,47&5. - I L mQ=wLmm7 ACQUISITION PLAT !!!P@w!!!mmrnW AJSOCIA~EJ CONSULTING ENGINEERS EWIPF h D'' SAN DIEGO, CA 92/23 (619) 576-9200 01907 POUNJNEY & ASSOCIATES, INC 4455 MURPHY CANYON ROAD, SUITE 200 Job No. G%?? Date:q/w/m By:p WL Sheet \ Of 1 QHEN RZCORDED, PLEASE MAIL 0 ' 'THIS INSTRUMENT TO: GITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel Project NO. 212-041-06 W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation, hereinafter called ltGRANTOR1t does hereby grant, convey and dedicate to the CITY CARLSBAD, State of California, hereinafter called "GRANTEE", an easement for pub highway and public utility purposes and incidents thereto, upon, over and across t certain real property within the CITY OF CARLSBAD, State of California, described follows : See the attached legal description designated Exhibit "At1 and attached Acquisition P designated Exhibit "B", each made a part hereof by reference. GRANTOR hereby further grants to the CITY OF CARLSBAD that privilege and right to ext drainage structures and excavation and embankment slopes 100 feet beyond the limits of herein described right-of-way where required for the construction and maintenance of s Highway. RESERVING unto GRANTOR, its successors or assigns, the right to eliminate s slopes and/or drainage structures or portions thereof, when in the written opinion of City Engineer of GRANTEE, the necessity therefore is removed by substituting ot protection and/or support and/or drainage facility, provided such substitution is fi approved in writing by said Engineer(s1, which such approval shall not be unreasona withheld . GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that may hereaf grow), and road building materials within said right-of-way, together with the right use the same in such manner and at such locations as said GRANTEE may deem proper, need and necessary, in the construction, reconstruction, improvement or maintenance of s highway. The GRANTOR, for itself, its successors and assigns, hereby waives any claim for any all damages to GRANTOR'S remaining property contiguous to the right-of-way hereby conve by reason of the location, reconstruction or landscaping of said highway in the man proposed. OH+ , 1988. Dated this [[7 - day of ,I JL STATE OF CAL1FORNIA)ss. County of $Sk+ ) On 943 / 7 , lgz, before me, the undersigned, a Notary Public in and for s( Coun y and'state, personally appeared 4. d. Work , \'iM PIPqirf: I : (Jfficer of /~L,liii~lgfCJll !123C,h hWJ$ personally known to me (or proved to me on the basis satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the wit1 instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. J C-JFdLC ++- No ary Public in and for haidpounty and State 0 0 . -- E XH I 6 IT "A I' LEGAL DESCRIPTION As s es so r s Pa r cel 2 12 -04 1-06 All that portion of Parcel 1, of Parcel Map No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as fol1 ows: Beginning at the most southwesterly corner of said Parcel 1; thence along the westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" W per Parcel Map No. 6331) 52.00 feet to a point on the northerly right-of-way of Palomar Airport Road, according to Road Survey No. 1534, on file in the office of the County Surveyor of said County, said point being the TRUE POINT OF BEGINNING; thence continuing along the westerly line of said Parcel 1 N 3'17'16" W (N 3'18'34" W per Parcel Map No. 6331) 41.61 feet; thence leaving said westerly line N 69'43'15" E 278.25 feet to the beginning of a tangent curve concave southeasterly and having a radius of 2,313.00 feet; thence easterly along said curve through a central angle 8'43'10" an arc length of 352.00 feet to a point of intersection with the easterly line of said Parcel 1, a radial line to said point bears N 11'33'35" W; thence leaving said curve along the easterly line of said Parcel 1 S 18'41'02" E (S 18'42'20" E per Parcel Map No. 6331) 24.99 feet to a point of intersection with the northerly right-of-way said Road Survey No. 1534, said point being on a curve concave southeasterly and having a radius of 1,550.00 feet, a radial line to said point bears N 18'41'50" W; thence westerly along said curve through a central angle of 0°31'17" an arc length of 14.10 feet; thence tangent to said curve, along the northerly right-of-way of said Road Survey No. 1534, S 70'46'53" W (S 70'45'53" W per Parcel Map No. 6331) 626.36 feet to the TRUE POINT OF BEGINNING. Excepting therefrom that portion of the above described portion of Parcel 1 described in irrevocable offer to dedicate real property to the County of San Diego for roadway purposes described in document recorded September 7, 1977, as File/Page No. 77-367341, O.R. DLW/l cd 268-01-1(~).300.25 ', " 0 0 This is to certify that the interest in real property conveyed by the foregoing t corporation grand deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. &GdyJadopted on /tzukrr ,5? /YP? , and the Grantee consents to recordation thereof by its duly authori2ed officer. Dated && / Q /9fr BY LhXLdR- - 4 ALETHA L. RAUTENKRANZ, City Cl&k c ~ __ - e e a 564I’OZ’’E 2444’ ,!SKEA TO l3€ J-CQUI 6um~‘.\\\\\ z%q&’. 38 $fz s 0. hd A SWILY rn EL I,rn.6? “LY LldE -- BwL 1 rd 4”17’16”hl %.a’ (EJ 3- 16;‘” EP rw. VM.6331 N 5’17’16”N N 5’17’16’’N 41 61‘ 7wuE Palm a= eEar” I MMB4!!UWmmW ASSOCIAILS ACQUISITION PLAT wu 1 DIT ’ a’ CONSULTING ENGINEERS 4455 MURPHY CANYON ROAD, SU/TE 200 SAN DIEGO, CA 92123 (6191 576-9200 01987 POUNTNEY 8 ASSOCIATES, INC. Date: 9/30/07 By: D. WAN Sheet I Of I Job No.268 0 WHE?ISRECORDED , PLEASE MAIL @ * cIeHIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY EASEMENT FOR PUBLIC HIGHWAY Assessor's Parcel Project NO. 212-041-08 W.O. No. HUNTINGTON BEACH COMPANY, a California Corporation, hereinafter called "GRANTOR" does hereby grant, convey and dedicate to the CITY CARLSBAD , State of California , hereinafter called 'IGRANTEEI' , an easement for pub highway and public utility purposes and incidents thereto, upon, over and across t certain real property within the CITY OF CARLSBAD, State of California, described follows : See the attached legal description designated Exhibit "At1 and attached Acquisition P designated Exhibit "B", each made a part hereof by reference. GRANTOR hereby further grants to the CITY OF CARLSBAD that privilege and right to ext drainage structures and excavation and embankment slopes 100 feet beyond the limits of herein described right-of-way where required for the construction and maintenance of s Highway. RESERVING unto GRANTOR, its successors or assigns, the right to eliminate s slopes and/or drainage structures or portions thereof, when in the written opinion of City Engineer of GRANTEE, the necessity therefore is removed by substituting ot protection and/or support and/or drainage facility, provided such substitution is fi approved in writing by said Engineer(s), which such approval shall not be unreasona withheld . GRANTOR hereby further grants to GRANTEE all trees, growths (growing or that may hereaf grow), and road building materials within said right-of-way, together with the right use the same in such manner and at such locations as said GRANTEE may deem proper, need and necessary, in the construction, reconstruction, improvement or maintenance of s highway. The GRANTOR, for itself, its successors and assigns, hereby waives any claim for any all damages to GRANTOR'S remaining property contiguous to the right-of-way hereby conve by reason of the location, reconstruction or landscaping of said highway in the man proposed. Dated this ,qe QL/L HUNTINGTON BEACH COMPANY, Zy ;I/+ ion day Of +, 1988* ,Vice j'rrc14. :it STATE OF CA$IFORNIA)ss. County of Lh L,<cv+ 1 On Qy/L2 / L;; , 19E b efore me, the undersigned, a Notary Public in and for ss Coupky and State, personally appeared d. d. Wo!R , satisfactory evidence) to be the person(s) whose name(s) idare subscribed to the wit instrument and acknowledged to me that he/she/they executed the same. Witness my hand and official seal. YjU? k'!Qci*it;sj[ dfflcer oi HUII~IR~~O~~ Beach ~hi~1~~&l~ personally known do me (or proved to me on the basis Horary Public-Callfornia Q!L iI' 4<4 CXWNGE COUNTY Ndary Public i'n and for- saib'county and State .> "t e e ./ 0 1 EXH IB IT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-08 All that portion of Parcel 3, of Parcel Map No, 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as fol 1 ows: Beginning at the most southwesterly corner of said Parcel 3, said point being on the centerline of Palomar Airport Road according to Road Survey No. 1534, on file in the office of the County Surveyor of said County; thence leaving said centerline along the westerly line of said Parcel 3 N 18'41'02" W (N 18"42'20" W per Parcel Map No. 6331) 50.00 feet to the TRUE POINT OF BEGINNING, said point being on the northerly right-of-way of said Road Survey No. 1534; thence continuing along said westerly line, N 18'41'02" W (N 18'42'20" W per Parcel Map No. 6331) 24.99 feet to a point of intersection with a non-tangent curve concave southerly and having a radius of 2,313.00 feet, a radial line to said point bears N 11'33'35" W; thence easterly along said curve through a central angle of 6'16'04" an arc length of 253.03 feet to a point of cusp with a curve concave southerly and having a radius of 1,550.00 feet, a radial line to said point on said 2,313.00 foot curve bears N 5'17'31" W, and a radial line to said point on said 1,550.00 foot radius curve bears N 9'27'30'' W; thence westerly along said 1,550.00 foot radius curve through a central angle of 9"14'20" an arc length of 249.94 feet to the TRUE POINT OF BEGINNING. DLW/lcd 268-01-1(~).300.26 _t. 0 0 46 This is to certify that the interest in real property conveyed by the foregoing ‘ corporation grand deed to the City of Carlsbad, a municipal corporation is hereby accepted by the City Council of said City of Carls , Cal iforni a pursuant to .-~7j’adopted on 4960~7- 7 , and the Grantee consents to No* recor + ation thereof by its duly autho?ized officer. Resolution Dated u f .o /9m BY h!A&l%kQ- l4 ALETHA L. RAUTENKRANZ, City Cletk I L C IT Y OF CAPL%BAV A~SOCIA~ES ACQUISITION PLAT II --- .- _- . - __ - - mM!!Pmwmmw CONSUL7ING ENGINEERS mul@Kil@ __ SAN DlfGO, CA 92123 (619) 576-9200 Job No. 01987 PourwEr B Associms, INC 4455 MURPHY CANYON ROAD, SUITE 200 Date: q/@/B/1 By: p.l.\~w~ Sheet 1 Of 1 SI b 'WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY e 0 I .- ' The Grantee shall have the right to fence all or any portion of said easeznent herein conveyed within which there is installed or mnstm&& an unenclosed flood drame &amel. Ihe Grantee, its SU~C~SSOLS and assigns, shall be responsible for aperating, - , and keeping in good repair the above described works of iIKproveInent. ?he Grantor, his sua=essors and assigns, reserves the right to enclose in a manner approved by the Grantee, its SUCC~SSOLS and assigns, any portion of an unenclosed flood drahge channel provided such enclofllre is cons- or htalled by a licensed contractor in acmm with plans and specifications apprwed by and to the satisfaction of the Grantee, its sumessors and assigns. Grantee shall not unreasonably withhold such appmval. In gmnthg its conditions, includjng, but not limited to, the filing by the contractor or Grantor of an adequate perform.na= bond to guarantee wnpletion of the work. lhere is resenred to the Grantor, his SUCC~SSO~S and assigns, the right and privilege to use the above described land of the Grantor at any time, in any llianner and for any purpose not inconsistent with the full use and enjoyment by the ran tee, its SUCC~SSOLS and assigns, .I 1 \ '1.. - OF ~~~~?~~u )=. tri .c+L on -Q:? 17; , :g~, before me, the dersiw, a Notary public in and f6r sai ca~n and state, persondlly appeared R. J. Work, Vice Presid?ri! tliiice~ of ii\iii:li@On each [;ompany personally krwwn to me (or pmed to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/- subscribed to the within instrument and aclaxrwledged to me that he/she/they executed the same. Witness my hand official seal. OWJ2P &"Ix' N* Nlic'i;l axice ~J~-ty and state ?his is to certify that the interest in real property conveyed by the foregoing easement to the City of Carlsbad, a dcipal corporation is hereby acoepted by the City Council of said City of carlsbad, California pursuant to Resolution No. Jfd'7J adopted on &&&7- YAP/ , and the ran tee consents to recordation thereof by its duly authorized offik. 1, fl Dated liLq.&& (0 r?PF By I) a .. h ** -3 -- - EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 212-041-03 All that portion of Lot "G" of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, know as Palomar Airport Road, at Engineers Station 78+25.34 E.C.; thence along said northerly right-of-way S 78'19'53" E (N 78'20'53" W per said R.S. 1534) 90.31 feet to the TRUE POINT OF BEGINNING; thence leaving said northerly right-of-way, N 9'00'00" E 34.75 feet; thence S 81'00'00" E 20.00 feet, thence S 9'00'00" W 35.66 feet to said northerly right-of-way; thence along said northerly right-of-way, N 78'19'53" W 20.02 feet to the TRUE POINT OF BEGINNING. DLW/se 268-01-1(W)350.2 PT3Z LOT G FG-D AGUA rJ~DlC3b-l Ir' .MA? blu 823 APN 2.12-041-03 I I 1 I 56("a3'F Z0.m' -- I L PI "00' E "(- Q 5" // W"O0'w I CI K -_ -- 175&/ \ 35.66' -- - /EST. H'LY 6 s 780 14 15g E 1 /e? -- I 90.31' h178"f4'Wi'~ z0.m' I /\TRUE POINT OF - i 06E~iN~i~~ ---_ 11 A- (N 78"20'53" v\/ 1 PER R.S. 15% ) R.5. 1554 I1 I : ~ .I,, C~r I I I I 0 q z a- In d; 2 % uJ 8; vi z bn 3 R8 1 - -- EX57L3'L.f - F?/w q 2 r v +Q AREA TO BE ACQUIRED SHOWN a 705.EBa-z = 0.0z w. EXHlRlr '6' CITY OF CARL584D !!lmumwmm?!r ASSOCIATES ACQUISITION PLAT - STORM DRAIN EASEMEMT CONSULTING ENGINEERS 4455 MURPffY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 Job No. 268 01907 POUNJNEY d ASSOCIATES, INC Date: 9/30/87 BY: 0. h/AHL Sheet I Of I A *1 * WHEN RECORDED, PLEASE MAIL THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ON rn 0 ' ** r. c The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is installed or constructed an unenclosed flood drainage channel. The Grantee, its ~~CC~SSO~S and assigns, shall be responsible for operating, maintaining, and keeping in good repair the abave described works of irrrpmement. The Grantor, his successors and assigns, reserves the right to enclose in a manner apprcxred by the Grantee, its successors and assigns, any portion of an unenclosed flood drahge channel pruvided such enclosure is constructed or installed by a licensed contractor in accordance with plans and specifications appmed by and to the satisfaction of the Grantee, its successors and assigns. Grantee shall not unreasonably withhold such approval. In grant- its conditions, includhq, but not limited to, the filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is resewed to the Grantor, his successors and assigns, the right and privilege to use the above described land of the Grantor at any the, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, Executed this /?eL day of i, . / z =Am OF (!?d;d&brai ) ss. 1 .... county of &j&CLJ- 1 on 0 c+ / $ , lgfl before me, the undersigned, a NOW public in qilF"f ~~f~L~~~/~%,fi&k, mWly a~-d personally known to me (or proved to me on the basis of satisfactoq evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknmldged to me that he/she/they executed the same. Witness my hand N6tary Public 'in and for' said-bunty and State This is to certify that the interest in real property conveyed by the foregoins easement to the City of carlsbad, a municipal corpmtion is hereby accepted by the City Council of said City of Carlsbad, California pursuant to Resolution No. @-dz adopted on 1~6pg f H /$, and the Grantee consents to recordation thereof by its duly authorized offider. '* J. Wor '( i Vice Presjdenf _- - -_ ___ --- offio' 1 seal. ACKIE J. LOPEZ Notary PublicCalifornla ORANGE COUNTY (LA T -1 , d' A ypc-/ Dated &A&[ Q f?ff BY I, e -*.- .- . EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel No. 211-041-04 All that portion of Lot "G" of the Rancho Agua Hedionda according to map thereof No. 823 filed in the office of the County Recorder of San Diego County November 16, 1896, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as follows: Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyor of said County, known as Palomar Airport Road, at Engineer's Station 78+25.34 E.C.; thence along said northerly right-of-way S 78'19'53" E (N 78"20'53" W per said R.S. 1534) 1,255.77 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way, N ll"40'07" E 47.00 feet; thence S 78'19'53" E 20.00 feet; thence S 11'40'07" W 47.00 feet to said northerly right-of-way; thence along said northerly right-of-way, N 78"19'53" W 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Lot "G" described as f 01 1 ows : Beginning at a point on the northerly right-of-way of Road Survey No. 1534 on file in the office of the County Surveyer of said County, known as Palomar Airport Road, at Engineer's Station 99+10.74 B.C.; thence along said northerly right-of-way N 78'19'53" W (N 78'20'53" W per said R.S. 1534) 45.63 feet to the TRUE POINT OF BEGINNING "B"; thence leaving said northerly right-of-way, N 36'58'36" E 7.23 feet; thence N 53'01'24" W 20.00 feet, thence S 36'58'36'' W 16.69 feet to said northerly right-of-way; thence along said northerly right-of-way, S 78"19'53" E 22.12 feet to the TRUE POINT OF BEGINNING "B". DLW/se 268-01-1(W)347.72 Pr3F-j LOT G j+j~ /\G!J/'\ rkDJ Ir' ON DA .. *' Ji/I/!\ F.' 1\J 0 323 APN 212-041-O4 ------- 47.00' ---_____2_-_ -c. - ' TRUE polNT OF ~E~/NQI~~~~ --~M4R-*~2.~D -6.5 15% 1 1 - -LpT. --- S'LY K/U2 8 - --_ AREA TO 63E ALQLMW 440ftZ = 0.02 prs. CONSULTING ENGINEERS 6455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 0 e .. ~- .. I. . 1. APN; 212- 041-04 *\ ,- t.:- l<::. I ,' 1.. 1, ,e..,: -, ..:/,.e . '. t r- .I . .- . ' ,I. . 'I,'..- * c. ' ;-; - ,..:; .. . : , 1.:. '-. , . .--. .5 \ ..I * , ,.*: . l..:,. : . ..I ,/..i '-;$*.. /.;.: , ,. . - , -- r. : ,*. - 'I. .'.I .*.. I .. r-: ..I--\ ' .e. . ' .... . VI- .' . ; . -*_ .. I . ... .. ,.., '. <:- :.> /-.t 'SI+ . :.. .. e. ; .*.: :>. I . :.._ ' ,. .. -. . AFN Zr2-Wl-04 .-. I. . - . * *. ,- . ,-. .I I1 . '.a ' a. . ,; .I* c /- &-,, , "I . . *) . ,.,, I-. - - I. - ,', el <-.e , , .*'. : ' *-.,t,-- .I # - ' 1.. e. . .' : 8 * . ' yj ,-: . c ;;:, .. . -,--, ._ ,. . _- -.. ',-) .' -. * :..:.; # ,. **.. : . .a .r' I !/,I ::, * '. : : .I... i:; AREA TO BE ACQUIPEP SHOWN pZa '..+ ,:'- .._ .. .. ._ ....... , : -. .. * ,.. Z3q ZiiFtZ = 0.WS AL. EXHIBIT 'B'. . L CllY OF CARL50AD !!!PQ!!b!!m!!!mmmr ASSOCIA~~S ACQUISITION PLAT 57-ORA4 CT%AIhl E4SEMEN-r CONSULTING ENGlNEERS nn.55 MURP~ Ir CANYON ROAD, SUITE 200 MN DIEGO, CA 92123 (619) 576-9200 Job No.&&* (91907 POUNJNEY 8 ASSOCIATES, INC. Date:'~j/30/87 By: D. w~fs~ SheetZOf 2 Sh r. WHEN' RECORDED, PLEASE MAIL 'THIS INSTRUMENT TO: CITY CLERK CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY a 4b .,&e Grantee shall have the right to feme all or any portion of said easem=nt herein conveyed within which there is installed or construded an unenclosed flood drainage channel. Ihe Grantee, its SUCC~SSO~S and assigns, shall be respansible for , and beping in good repair the abwe described works of impmmnent. The Grantor, his suaxssors and assigns, reserves the right to enclose in a l~nner apprwed by the Grantee, its SUCC~SSO~S ard assigns, any portion of an unenclosed flccd drahge channel pmvided such enclosure is constructed or installed by a licensed carrtractor in am- with plans and specifications apnved by and to the satisfaction of the Grantee, its successors and assigns. Grantee shall not UnreaSoMbly withhold such am-. In granting its corditions, including, but not limited to, the film by the contractor or Grantor of an adqte performme bonl to guarantee ampletion of the work. There is resenred to the Grantor, his SUCC~SSOLS and assigns, the right and privilege to use the above described land of the Grantor at any time, in any m and for any ~xupose not inconsistent with the full use and enjayment by the ran tee, its SUCC~SSO~S and assigns, of the rights and privileges herein granted. .. - aperating, - Exearted this /ye day of (iiflFd \/IX Yresiderit STATE OF @&4!....L Cj- ) SS. of +& dC h, on -?I and u*&r .&Lg Fhd1; fWBea%o q state, 111 pa i 11 , 19-, PerSanallY F before appeared me, h the Mer+ f?. J. \i"ryf 1 a vssm lic in personally knuwn to me (or pmved to me on the basis of satisfactory evidence) to be aclaxlwledged to me that he/she/they executed the same. hard and official seal. GkTC ,, s//2 rjotary mlikf &<r s-3 anii state *s is to certify that the interest in & property conveyed by the foresoins easement to the City of carlsbad, a municipal corporation is hereby accepted by the City Council of said Ci adopted on /U~UJ,-~ /yfi 7 , and the ran tee coflsents to recordation thereuf by its duly authorized officer. 4 the person(s) whse ~me(s) is/= subscribed to the within instnrmen tand nlr / i of Carlsbad, California pusuant to Resolution No. B-JYJ 1 BY ALEXHA ma,&/@- L. ~~mmm?m'z, City Cferk Dated &&/ 0 /yr e e > L .- . '* EXHIBIT "A" LEGAL DESCRIPTION Assessors Parcel 212-041-08 All that portion of Parcel 3, of Parcel Map No. 6331, filed in the office of the County Recorder of San Diego County, September 8, 1977, in the City of Carlsbad, County of San Diego, State of California, being more particularly described as fol 1 ows : Beginning at a point on the easterly line of said Parcel 3, said point being on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534, filed in the office of the County Surveyor of said County, said point also being on a curve concave southerly and having a radius of 1,550.00 feet a radial line to said point bears N 06"01'39" E; thence westerly along said curve through a central angle of 4'55'54" an arc length of 133.42 feet to the TRUE POINT OF BEGINNING "A"; thence leaving said northerly right-of-way and said curve, N 1'30'15'' E 20.01 feet; thence N 88'29'45" W 20.00 feet; thence S l"30'15'' W 20.28 feet to said northerly right-of-way and said curve, a radial line to said point bears N O"21'23" E; thence easterly along said right-of-way and said curve through a central angle of 0'44'22" an arc length of 20.00 feet to the TRUE POINT OF BEGINNING "A". Together with the following described portion of said Parcel 3; Beginning at a point on the northerly right-of-way of Palomar Airport Road according to Road Survey No. 1534, filed in the office of the County Surveyor of said County, said point being at the beginning of a curve concave southerly and having a radius of 1,550.00 feet, said point being at Engineer's Station 70t16.71 B.C. per said Road Survey 1534; thence along said curve, through a central angle of 0'44'32" an arc length of 20.08 to the TRUE POINT OF BEGINNING I'B"; thence leaving said curve N ll"O5'00" W 48.07 feet; thence N 78"55'00" E 20.00 feet; thence S 11'05'00" E 45.61 feet to said northerly right-of-way; thence along said right-of-way and said curve, through a central angle of 0'44'42" an arc length of 20.15 feet to the TRUE POINT OF BEGINNING "B". DLW/se 268-01-1 (W)347.70 3 !!mm!!!!mmmr ASSOCIATES CONSULTING ENGINEERS A455 MURPlfY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 @I987 POUNTN€Y & ASSOCIATFS INC C1rf Qf= WPLSEAD 5WKM PRAIh) EASEMEW ACQUISITION PLAT Job No. Date:4/&2/07 By:t21^1AHL Sheet 1 Of 2 t PA FKL I. 3 P X) ”,, MA\ F) bl 9, Odd 1 APU 212-0q-1-08 .. .. . ( I/ I LEA ,76ft 2 z2 0.a k . EMBIT “B’’ CONSULTING ENGINEERS 5TOF,FVt DPlAId EASEMEUT 4455 MURPHY CANYON ROAD, SUITE 200 SAN DIEGO, CA 92123 (619) 576-9200 01987 POUNTNEY & ASSOCIATES, INC. Job No.=-C