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
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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
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Page Two of Agenda Bill No. q3-d? c
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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.
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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
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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)
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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.
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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)
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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.
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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:
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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: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 ($1,000,000) per occurrence and
annual aggregate. This insurance shall be in force during the
life of this agreement and shall not be cancelled without ten
(10) days prior notice to the City.
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The City shall be named as an additionally insured on this
policy. The Consultant shall furnish a certificate of said
insurance to the City upon request.
IN WITNESS WHEREOF, we have hereunto set our hands and seals.
WILLDAN ASSOCIATES CITY OF CARLSBAD:
Mayor
APPROVED AS TO FORM: ATTESTED :
Pissistant City Attorney City Clerk
Exhibit 1 7’
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Mr. John Cahill pRoJ€c~s
Municipal Projects Manager ~“!$;S\ON
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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
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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 \!
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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
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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
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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. ' ;-; -
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* '. : :
.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