HomeMy WebLinkAbout1989-04-18; City Council; 9984; Manzano DR & State Parks agreementCIF OF CARLSBAD - AGENDA BILL
APPROVAL OF PLANS AND SPE
ACCEPTANCE OF EASEMENT,
OF AGREEMENT WITH STATE PARKS FOR IMPROVEMENTS TO MANZANO DRIVE
RECOMMENDED ACTION: 1313
Adopt Resolution No. 89 -/%approving plans and specifications and
authorizing the advertisement of bids for the construction of
improvements to Manzano Drive, Project No. 3313.
Adopt Resolution No. 89-12.3 appropriating funds, approving an agreement with the State of California, Department of Parks and Recreation and accepting an easement from said agency for the improvements to Manzano Drive.
ITEM EXPLANATION:
On September 13, 1988, the City Council adopted Resolution No.
88-333 authorizing the design of half-width street improvements
to Manzano Drive, east of Carlsbad Boulevard. The improvements
will include the installation of curb, gutter, drainage
facilities, traffic signing and striping, and an additional twenty (20) feet of paved roadway. The widening of Manzano Drive will increase the efficiency and safety of pedestrians and motorists in this area. Construction will require approximately sixty (60) days to complete. Staff recommends approval of the
project plans and specifications and requests authorization to
advertise for bids for the construction of the project.
Attached for City Council approval is an agreement with the State of California, Department of Parks and Recreation, in which the City of Carlsbad will design, construct, inspect, and administer the installation of the improvements on behalf of the State. The agreement provides for the State to reimburse the City up to $60,000 for the cost of these improvements. Staff recommends approval of the attached City/State agreement.
Also attached is a grant of easement from the State of
California, acting through its Department of Parks and
Recreation, to the City of Carlsbad affecting the necessary right-of-way required to improve Manzano Drive. Staff recommends acceptance of the attached grant of easement.
ENVIRONMENTAL REVIEW:
A Coastal Development Permit has been previously issued by the California Costal Commission to the State of California,
Department of Parks and Recreation for the Manzano Drive
improvements.
The Manzano Drive improvements have been declared categorically exempt from environmental review in accordance with Section 15301
(C) of the California Environmental Quality Act (CEQA).
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Page Two of Agenda Bill No. ci98L(
GENERAL PLAN CONSISTENCY:
The Planning Commission on January 4, 1989, adopted Resolution
No. 2807 finding the proposed improvements to Manzano Drive
consistent with the Carlsbad General Plan.
FISCAL IMPACT:
On September 13, 1988, the City Council appropriated $15,000 of City funding for the design and required geotechnical work for the proposed improvements. Additionally, the City Council appropriated $25,000 in the 1988-89 CIP budget for this project.
Following is an estimate of the total project costs in advance of receiving competitive construction bids:
Design Geotechnical Project Administration through Design Phase
Construction Construction Contingencies (7%) Soils Testing Inspection and Construction Management
$ 11,000
2 , 500
1,500
75,000
5,000
2 , 500
2,500
Total Estimated Project Costs: $100,000
Available Project Funding:
State Parks and Recreation City of Carlsbad
$ 60,000
40,000
Total Available Funding: $100 , 000
EXHIBITS :
1. Location map.
2. Resolution No. @01$2 approving plans and specifications and
authorizing the advertisement of bids for the construction of improvements to Manzano Drive, Project No. 3313.
Resolution No. 8q0/%3 approving an agreement with the State
of California, Department of Parks and Recreation and accepting a grant of easement affecting the proposed
improvements to Manzano Drive.
3.
4. City of Carlsbad/State of California, Department of Parks and Recreation agreement.
5. Grant of easement.
-LOCATION MAP
LEGEND
'ROJECT NAME
MANZANO DRIVE IMPROVEMENTS
EXHIBI1
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RESOLUTION NO. 89-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING THE ADVERTISEMENT OF BIDS FOR THE CONSTRUCTION OF IMPROVEMENTS TO MANZANO DRIVE, PROJECT NO. 3313
WHEREAS, the City Council of the City of Carlsbad has
determined it necessary, desirable, and in the public interest
to construct improvements on Manzano Drive; and
WHEREAS, plans, specifications, and contract documents
for the furnishing of all labor, materials, tools, equipment,
transportation, and other expenses necessary or incidental for
said project, Project No. 3313, have been prepared and are on
file in the Municipal Projects Department of the City of
Carlsbad; and
WHEREAS, the City Council of the City of Carlsbad,
California, has previously appropriated $40,000 for said
project; and
WHEREAS, the City of Carlsbad has entered into an
agreement with the State of California, Department of Parks and
Recreation for additional State funding in the amount of $60,000
for said project; and
WHEREAS, construction of said improvements is a matter of
public necessity and safety.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That the plans, specifications, and contract
documents as presented are hereby approved.
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3. That the City Clerk of the City of Carlsbad is
hereby authorized and directed to proceed to publish, in
accordance with law, Notice to Contractors inviting bids for the
construction of road improvements and installation of road
improvements to Manzano Drive, Project No. 3 3 13, in accordance
with the plans, specifications, and contract documents
hereinabove referred.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 18th day of April I
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
ATTEST:
-yF--y L. RAUTENKRANZ, kity Clerk
aetk 4. R&
(SEAL)
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RESOLUTION NO. 89-123
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROPRIATING STATE FUNDING, APPROVING AN AGREEMENT AND ACCEPTING A
GRANT OF EASEMENT FROM THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION REGARDING THE IMPROVEMENTS FOR MANZANO DRIVE, PROJECT NO. 3313
WHEREAS, the City Council of the City of Carlsbad has
determined it necessary, desirable, and in the public interest
to construct improvements on Manzano Drive; and
WHEREAS, the City Council does hereby enter into an
agreement with the State of California, Department of Parks and
Recreation regarding said project; and
WHEREAS, the State of California does hereby offer to the
City of Carlsbad a grant of easement affecting necessary right-
of-way to construct said project.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the above recitations are true and correct.
2. That an agreement between the City of Carlsbad and
the State of California, Department of Parks and Recreation is
hereby approved and the Mayor and City Clerk are authorized and
directed to execute said agreement. Following the Mayor s
signature of said agreement, the City Clerk is further
authorized and directed to forward copies of said agreement to
the State of California, Department of Parks and Recreation,
P.O. Box 942896, Sacramento, CA 94296-0001 and the Municipal
Pro] ects Department.
3. That a grant of easement from the State of
California, acting through its Department of Parks and
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Recreation, to the City of Carlsbad affecting said project is
hereby accepted and the Mayor and City Clerk are hereby
authorized and directed to accept and execute said grant of
easement. The City Clerk is further directed to record said
grant of easement. Following recordation, the City Clerk is
directed to forward copies of said easement to the State of
California, Department of Parks and Recreation, P.O. Box 942896,
Sacramento, CA 94296-0001 and the Municipal Projects
Department.
4. That the City Council does hereby appropriate to the
project account no. 3313 the $60,000 of State funds to be
forwarded to the City for this project.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 18th day of April I
1989, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
1-
L. RAUT
(SEAL)
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COURT PAPER STATE O? CALI?ORNIA STD. 113 (REV. 0.721
a5 3769
AGREEMENT FOR DEVELOPMENT
OF
MANZANO DRIVE STREET IMPROVEMENTS
AT
SOUTH CARLSBAD STATE BEACH
This agreement, made and entered into this day of ¶
1989, by and between the State of California, acting through the Department of
Parks and Recreation (DPR) and the City of Carlsbad (City).
WITNESSETH: ----------
WHEREAS, under Section 3790-301-722, Item 23 of Chapter 186, Statute
of 1986, funds were appropriated to State for construction of facilities for
the development of certain real property at South Carlsbad State Beach; and
WHEREAS, State of California may, pursuant to Section 5003 of the
Public Resources Code, enter into contracts to provide for the development of
the State Park System and may expend funds therefor; and
WHEREAS, DPR and City desire to enter into an agreement for said
development; and
WHEREAS, it is the mutual benefit of the parties hereto that City
design and construct street improvements along Manzano Drive; and
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COURT PAPER srArr or CALIFORNIA
STD. 113 (REV. 8.721
a5 3769
WHEREAS, the parties hereto desire to avail themselves of all
provisions of law applicable to this agreement and desire to jointly exercise
their powers as specifically set forth herein and as authorized under Title 1,
Division 7, Chapter 5, Article 1, of the Government Code.
NOW THEREFORE, in consideration of the mutual covenants contained
herein, the parties do hereby covenant and agree as follows:
1. (a) City shall perform or cause to be performed or furnish or cause
to be furnished labor, plans, equipment, materials, and supplies required for
the development of street improvements along Manzano Drive, hereinafter
referred to as "Project", in accordance with plans, working drawings, and
specifications first approved by DPR and on file with both City and DPR.
(b) No substantial change or changes shall be made from the
approved plans and working drawings without express written approval by DPR.
2. City shall design and prepare working drawings, specifications,
contract documents, and cost estimate for the construction of the Project.
City shall design the Project in accordance with City of Carlsbad standards.
3. (a) Project includes street improvements and related facilities,
including but not limited to paving, grading, drainage, curb and gutter, curb
inlet, manhole, sewer and water line extensions.
(b) State shall not be responsible for the payment of any utility
connections fees for this Project.
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COURT PAPER
STD. 113 (REV. 8.721
STAT= OF CALIFORNIA
a5 3769
4. DPR agrees to pay to the City an amount not to exceed $60,000 for
the actual cost incurred by City to design and construct the project.
5. All working drawings, specifications, and cost estimates for said
work by' or for the City shall , after approval by City, be forwarded to DPR for
review and approval, which approval shall not be unreasonably withheld.
6. (a) Preparation of working drawings, specifications, contract
documents, and construction work for development shall be accomplished by City
according to the method or in the manner for performing such work by City as
if it were proceeding independently, except as herein otherwise provided.
(b) "As-built" drawings for the completed project shall be
delivered to DPR within sixty (60) days after completion of construction.
(c) All work by City under this agreement shall be completed within
one (1) year from the date of approval of this agreement.
(d) City may, but shall not be obligated to accept any bid for said
I work or to carry out work by its own forces, if the cost to design and
construct said Project exceeds $60,000. i DPR's ob1 igation under this agreement ,
shall not exceed $60,000 unless this agreement is amended in writing to
provide for such excess amount. i
7. DPR reserves the right, in addition to any other right it may have, 1
/ to inspect the work during normal work hours, at its discretion as needed to I
determine that DPR's funds are being expended in accordance with the intent of ,
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COURT PAPER
STD. 113 IREV. e.72)
85 34769
STAT1 OF CALIFORNIA
this agreement. When completed, DPR will review the work to ensure the
project is constructed to DPR standards.
8. State shall grant to City, without cost to City, an easement for the
construction, operation, and maintenance of the Project that is on State land.
9. Subsequent to approval of the proposed bid, DPR will within
forty-five (45) days of receipt of a written request from City for project
funds, pay to City an amount equal to the approved bid for construction, but
in no case shall DPR be obligated to pay more than $60,000.
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To receive I
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payment, City shall send request for payment to the Department of Parks and
Recreation, Development Division, P.O. Box 942896, Sacramento, CA 94296-0001.
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10. In the event the actual cost to complete said work does not exceed
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j the amount or amounts advanced to City under this agreement, City agrees
within ninety (90) days of completion of said work or the termination date of
this contract whichever occurs first to refund to DPR the difference between
the actual cost and the amount advanced to City under this agreement including ,
all interest earned on the principal advanced by DPR to City. ,
11. City shall strictly account for the funds disbursed by DPR to City
under this agreement. City shall maintain satisfactory financial accounts,
documents, and records relating to the cost, disbursement, and receipts with
respect to the work and the funds therefor and shall make them available to
DPR in City's offices for auditing at reasonable times and shall retain them
for three years following the completion of the work, or the final payment
therefor whichever is later. The parties hereto agree that until three years
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COURT PAPER
STD. 113 (REV. 8.721 STAT1 OF CALIFORNIA
85 24769
after completion of the work, or the final payment therefor, whichever is
later, that they shall be subject to examination and audit by the State
Auditor General.
12. City hereby waives all claims and recourse against DPR including any
right to contribution for loss or damage to persons or property arising from,
growing out of, or in any way connected with or incident to work under this
agreement except claims from the concurrent or sole negligence of DPR or their
officers, agents, and employees.
City shall to the extent it may legally do so and subject to
availability of funds, hold harmless, and defend DPR and its officers, agents,
and employees against any and all claims, demands, damages, costs, expenses,
or liabilities arising out of the development or construction of the property
described herein except (1) for liability arising out of the concurrent or
sole negligence of DPR or its officers, agents, and employees which claims,
demands, damages, or causes of action arise under Government Code
Section 895.2 or otherwise.
In the event State of California is named as codefendant under the
provisions of the Government Code Section 895.2 et seq., City shall notify DPR
of such fact and shall defend State of California in such legal action unless
State of California undertakes to represent itself as codefendant in such
legal action in which event State of California shall bear its own litigation,
costs, expenses, and attorney's fees.
against State of California and City because of the concurrent negligence of
In the event judgment is entered
said enti ties, their officers, agents, or employees, an apportionment of
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COURT PAPER
STD. 113 IREV. 8.721 STAT= OF CALlPOlNIA
05 34769
liability to pay such judgment shall be made by a court of competent
jurisdiction. Neither party shall request a jury apportionment.
City shall require the contractor or contractors, before beginning
construction herein referred to, to obtain and maintain in force during the
period of construction of said Project, public liability insurance in the sum
of $500,000 for injury to or death of any one person; and $1,000,000 for
injury to or death of more than one person; and property damage liability
insurance in the sum of $250,000. This policy or policies of liability
insurance shall contain the following special endorsements:
"The State of California, their officers, employees, and agents are hereby declared to be additional insured under the terms of this
policy, both as to the activities of City and as to the activities
of the State, their officers, employees, and agents as related to
the activities contemplated in this agreement."
"This insurance policy will not be reduced or cancelled without
thirty (30) days' prior written notice to the Department of Parks
and Rec rea t i on. 'I
"The State of California is not liable for the payment of any
premiums or assessments on this policy."
No cancellation provision in any insurance policy shall be construed
in derogation of the continuous duty of City to require such insurance to be
maintained. Said policy or policies shall be underwritten to the satisfaction
of DPR. A signed and complete certificate of insurance, with all endo
required by this paragraph, shall be submitted to DPR before construct
is commenced.
semen ts
on work
At least 30 days prior to the expiration of any such policy, a
signed and complete certificate of insurance with all endorsements required by
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COURT PAPER STATL OI CALIFORNIA STD. 113 IREV. 8.72)
85 34769
this paragraphs showing that such insurance coverage has been renewed or
extended, shall be filed with DPR.
13. This agreement may be amended in writing from time to time by mutual
consent of both parties subject to the approval of the State Department of
General Services.
14. Any notice, demand, or request required or authorized by this
agreement to be given or made to or upon DPR shall be deemed properly given if '
delivered by certified mail, postage prepaid to the State of California,
Department of Parks and Recreation, P .O. Box 942896 , Sacramento , CA 94296-0001.
agreement
deli vered
Palmas Dr
The notice, demand, or request required or authorized by this
to be made to or upon City shall be deemed properly given or made if
by certified mail, postage prepaid to City of Carlsbad, 2075 Las
ve, Carlsbad, California 92009-4859.
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The address to which any notice, demand, or request is to be mailed i 1
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may be changed at any time by notice given in the same manner as provided in
this article for other notices. Nothing herein shall preclude the giving of
notice by personal services.
15. The Nondiscrimination Clause, Standard Form 17A, attached hereto is
incorporated herein and for the purposes of this agreement, the word
"contractor" therein shall mean City.
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COURT PAPER
STD. 113 IREV. 8.72)
85 34769
STATL OF CALIFORNIA
16. Pursuant to Public Resources Code Section 5080.34, this agreement
prohibits, and every contract for a concession of lands that are subject to
this development agreement shall expressly prohibit, discrimination against
any person because of the race, color, religion, sex, marital status, national
origin; or ancestry of that person.
IN WITNESS WHEREOF, the parties have executed this instrument upon
the date first hereinabove appearing.
CITY OF CARLSBAD STATE OF CALIFONIA
DEPARTMENT OF PARKS AND RECREATION
BY BY
1 Date Date
6-12834
8
:
NOND I SCR IM I NATION CLAUSE
(OCP - 1)
1, During the performance of this contract, contractor and its subconLracrors shall not unlawfully discriminate against any employee or applicant for employment because of race, reli- gion, color, national ori in, ancestry, physical handicap,
Contractors and subcontractors shall insure that the evalua- tion and treatment of their employees and applicants for em loment are free of such discrimination, Contractors and
Employment and Housing Act (Government Code, Section 12900 et se ,I and the applicable regulations promul ated thereunder
seq,), The applicable regulations of the Fair Employment and Housing Conmission im lementing Government Code, Section 2990,
fornia Administrative Code are incorporated into this contract by reference and made a part hereof as if set forth in full, Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement I
medical condition, marita 9 status, age (over 40) or sex,
su E contractors shall comply with the provisions of the Fair
(CaliTornia Administrative Code, Title 2, Sect f on 7285,O et
set forth in Chapter E of Division 4 of Title 2 of the Ca ! i-
2, This contractor shall include the nondiscrimination and corn- Pliance Provisions of this clause in all subcontracts to perform work under the contract,
STD. 17A (NEW 1-83)
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COURT PAPER
STD. 113 (REV. 8-72>
STAT1 OF CALIFORNIA
a5 34x9
Recording Requested By:
State of California - Official Business Document Entitled to Free Recordation Pursuant to Government Code Section 6103 Not Subject to California Documentary
Stamp Act
When Recorded Mail To:
Department of Parks and Recreation Acqu i si ti on Di vi si on P.O. Box 942896 Sacramento, CA 94296-0001
AGREEMENT AND GRANT OF EASEMENT Grantee: City of Carl sbad
Space Above for Recorder's Use
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Project: Manzano Drive Street and Drainage Improvements
Assessor's Parcel NO. 210-090-07
Park Unit: South Carlsbad State Beach
THIS AGREEMENT, made and entered into by and between the STATE OF
CALIFORNIA, acting through the Department of Parks and Recreation, hereinafter
called State, and CITY OF CARLSBAD, a municipal corporation, hereinafter
call ed Grantee.
WITNESSETH: ----------
That State, pursuant to the provisions of Section 5012 of the Public
Resources Code of the State of California, hereby grants unto Grantee its
successors and assigns forever, a non-excl usi ve easement for the construction,
reconstruction, repair, operation, use, and maintenance of certain street and
underground drainage improvements upon, over, under, and across that certain
real property in the City of Carlsbad, County of San Diego, State of
Cal i fornia, described as follows: I
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COURT PAPER
STD. 113 (REV. 8.721 STATE OF C*LI?ORWIA
85 34769
PARCEL 1 - Manzano Drive
A street dedication being a portion of Lot H of Rancho Agua Hedionda, in the
City of Carlsbad, County of San Diego, State of California, according to the
map thereof No. 823, filed in the Office of the County Recorder of said
County, November 16, 1896, more particularly described as follows:
Beginning at the most southerly corner of Lot B of Terramar Unit No. 4, in the
City of Carlsbad, County of San Diego, State of California, according to map
thereof No. 3312, filed in the Office of the County Recorder of San Diego
County, October 14, 1955;
Thence along the southerly line of said Lot B, North 59O 21' 10" East,
105.00 feet to the most southerly corner of Lot A of Terramar Unit No. 6, in
the City of Carlsbad, County of San Diego, State of California, according to
map thereof No. 4064, filed in the Office of the County Recorder of San Diego
County, January 27, 1959;
Thence along the southerly line of said Lot A, North 590 21' 10" East, 435.00 feet to the beginning of a nontangent 70.00 foot radius curve,' concave
northwesterly, with a radial bearing of South 59O 21' 10" West, said point being the common corner of said Lot A and Lot 176 of said map No. 4064, said
point hereinafter referred to as Point "A";
Thence along the arc of said curve, a central angle of 1380 11' 23",
168.83 feet to the beginning of a 50.00 foot radius curve, concave southerly;
Thence along the arc of said curve, a central angle of 480 11' 23",
42.05 feet; ,
I Thence tangent to said curve South 590 21' 10" West, 365.27 feet to the
beginning of a 15.00 foot radius curve, concave easterly;
I Thence along the arc of said curve a central angle of 900 43' 46",
23.75 feet to a point of a cusp on the arc of a 3550.00 foot radius curve.
Concave northeasterly, with a radial bearing of North 580 37' 24" East, said I
point being on the easterly right of way line of Carlsbad Boulevard formerly
i State Highway XI-SD-2-B according to plan thereof; 1 i
Thence along the arc of said right of way line, a central angle of
000 43' 46", 45.19 feet to the point of beginning.
Parcel 2 - Storm Drain
I A 10 foot storm drain easement being a portion of Lot H of Rancho Agua I
according to the map thereof No. 823, filed in the Office of the County i
Hedionda, in the City of Carlsbad, County of San Diego, State of California, 1
Recorder of said county, November 16, 1896, the centerline of which being more 1
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particularly described as follows: ~
Commencing at the before-mentioned Point "A" as described in Parcel 1 being , the beginning of a nontangent 70.00 foot radius curve, concave northwesterly, !
with a radial bearing of South 59O 21' 10'' West.
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COURT PAPER
STATC OC CALIFORNIA STD. 113 IREV. 8.721
85 34769
Thence along the arc of said curve, a central angle of 140 31' 34", 17.75 feet to the true point of beginning;
Thence radial to said curve North 73O 52' 44" East, 115.00 feet to a point
of terminus.
This grant is made and accepted upon the following terms and
conditions:
1. This grant is subject to all valid and existing contracts, leases,
licenses, encumbrances, and claims of title which may affect said property and
the use of the word "grant" herein shall not be construed as a covenant
against the existence of any thereof.
2. Grantee hereby waives all claims and recourse against the State for
loss or damage to persons
way connected with or inc
indemnify, save harm1 ess ,
employees against any and
brought against the State
or property aris ng from, growing out of, or in any
dent to this agreement. Grantee agrees to I
and defend the State, its officers, agents, and
all claims, demands, or causes of action that may be :
its officers, agents, and employees arising out of
or in any way connected with or incident to the use or occupancy of said
premises by the Grantee or the exercise by Grantee of the rights or privileges
herein granted.
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3. State expressly reserves the right to the use of said property in i
I I any manner, provided such use does not unreasonably interfere with the use of
the easement herein granted.
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28 COURT PAPER STATL OC CALICORNIA STD. 113 (REV. 8.751
85 34769
4. State expressly reserves the right to require Grantee, at the
expense of State, to remove and relocate all improvements placed by Grantee
within the easement upon determination by State that said improvements
interfere with the future development of State's property.
that within one hundred eighty (180) days after written notice from State of
such determination by State and demand for removal and relocation of said
improvements, Grantee shall remove and relocate said improvements to a
feasible location on the property of the State, and State shall furnish
Grantee with a good and sufficient similar easement for said improvements in
Grantee agrees
such new 1 ocation, and Grantee thereupon shall reconvey to 'State the .easement
herein granted.
5. This agreement and the rights and privileges herein given Grantee
shall terminate in the event that Grantee shall fail for a continuous period
of one (1) year to utilize the rights and privileges herein granted.
6. In the event of the termination of this agreement, Grantee shall, at/
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Grantee's own expense, when requested in writing to do so by State, remove all !
property and equipment placed by or for Grantee, upon the said premises and
restore said premises as nearly as possible to the same state and condition
they were in prior to the entry of Grantee upon said premises; but if Grantee
shall fail so to do within sixty (60) days after the aforesaid request is
given, State may do so, all at the cost and expense of Grantee to be paid by
Grantee on demand.
Upon term nation of the rights herein granted, Grantee shall execute
and deliver to State within thirty (30) days, a good and sufficient quitclaim I
deed to the rights arising hereunder.
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COURT PAPER STATC OC CALIlORNIA STD. I13 (REV. 8.721
85 34769
7. Grantee, in the exercise of the rights herein granted, shall at all
times comply with all applicable laws and lawful regulations.
IN WITNESS WHEREOF, the parties have executed this instrument upon
the date first hereinabove appearing.
GRANTEE :
Bv
Bv
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION HENRY R. AGONIA, DIRECTOR
Bv
Date _.-
Date
Y- 15784
,
5
December 6, 1989
State Dept. of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
Attn: Edwin Y. Mizutani, Land Agent
Re: City of Carlsbad/State Parks Department Agreement and Grant of
Easement for Manzano Drive Street and Drainage Improvements
Enclosed per your request is a copy of the recorded Agreement and Grant
of Easement which was finally returned to us by the San Diego County
Recorder's Office.
Thanks again for your help in processing the document, and let me
know if you need any further information.
Wputy City Clerk
Enc .
c: Ken Quon, Mun. Projects wlenclosure
1200 Carlsbad Village Drive Carlsbad, California 92008 - (619) 434-2808 !
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
TELEPHONE
(619) 434-2808
October 20, 1989
Vera L. Lyle
County Recorder
P.O. Box 1750
San Diego, CA 92112
Enclosed for recordation is the following describe document:
Agreement and Grant of Easement from
the State of California Department of
Parks and Recreation to the City of
Carlsbad; South Carlsbad State Beach
Manzano Drive
APN: 210-090-07
Our staff has determined that the recordation of this document is
of benefit to the City; therefore, it is requested that the fees be
waived.
Thank you for your assistance in this matter.
deputy Clerk
Enc .
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COURT PAPER STAT. 01 ULlCOINIA 510. 113 IRLV. 0.721
85 34769
Recording Requested By:
City Clerk, City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
When Recorded Mail To:
TR89 039-E;
City Clerk, City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
AGREEMENT AND GRANT OF EASEMENT Grantee: City of Carlsbad
Space Above for Recorder's Use
Project: Manzano Drive Street and Drainage Improvements
Assessor's Parcel Park Unit: South Carl sbad State Beach NO. 21 0-090-07
TR89 099-E
THIS AGREEMENT, made and entered into by and between the STATE OF
CALIFORNIA, acting through the Department of Parks and Recreation, herefnafter
called State, and CITY OF CARLSBAD, a muntcfpal corporation, hereinafter
call ed Grantee.
W I TN E S SE TH: ----------
That State, pursuant to the provisions of Section 5012 of the Public
Resources Code of the State of California, hereby grants unto Grantee its
successors and assigns forever, a non-exclusive easement for the construction,
reconstruction, repair, operation, use, and maintenance of certain street and
underground drainage improvements upon, over, under, and across that certain
real property in the City of Carl sbad, County of San Diego, State of
California, described as follows:
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COURT PAPER
STAT. OF CALIFORNIA STD. 113 (REV. 8-72)
a5 34769
PARCEL 1 - Manzano Drive (Street Easement)
A street being a portion of Lot H of Rancho Agua Hedionda, in the City of Carl sbad, County of San Diego, State of Cal ifornia, according to the map thereof No. 823, filed in the Office of the County Recorder of said County, November 16, 1896, more particularly described as follows:
Beginning at the most southerly corner of Lot B of Terramar Unit No. 4, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 3312, filed in the Office of the County Recorder of San Diego County, October 14, 1955;
Thence along the southerly 1 ine of said Lot B, North 590 21 ' 10'' East,
105.00 feet to the most southerly corner of Lot A of Terramar Unit No. 6, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 4064, filed in the Office of the County Recorder of San Diego County, January 27, 1959;
Thence along the southerly lfne of said Lot A, North 590 21' 10" East, 435.00 feet to the beginning of a nontangent 70.00 foot radius curve, concave northwesterly, with a radial beari.ng of South 590 21' 10" West, said point being the cmon corner of said Lot A and Lot 176 of said map No. 4064, said point hereinafter referred to as Point "A";
Thence along the arc of said curve, a central angle of 1380 11 ' 23", 168.83 feet to the beginning of a 50.00 foot radius curve, concave southerly;
Thence along the arc of said curve, a central angle of 480 11' 23", 42.05 feet;
Thence tangent to said curve South 590 21' 10" West, 365.27 feet to the beginning of a 15.00 foot radius curve, concave easterly;
Thence along the arc of said curve a central angle of 900 43' 46", 23.75 feet to a point of a cusp on the arc of a 3550.00 foot radius curve. Concave northeasterly, with a radial bearing of North 580 37' 24" East, said point being on the easterly right of way line of Carlsbad Boulevard formerly State Highway XI-SD-2-B according to plan thereof;
Thence along the arc of said right of way line, a central angle of 000 43' 46", 45.19 feet to the point of beginning.
Parcel 2 - Storm Drain Easement
A 10 foot wide storm drain easement over a portion of Lot H of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to the map thereof No. 823, filed in the Office of the County Recorder of said county, November 16, 1896, the centerline of which being more particularly described as follows:
Commencing at the beforementioned Point "A" as described in Parcel 1 being the beginning of a nontangent 70.00 foot radius curve, concave northwesterly, with a radial bearing of South 590 21 ' 10" West.
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COURT PAPER
STAT. OC CILIWINIA STD. 113 IRLV. 0.721
85 34769
Thence along the arc of said curve, a central angle of 140 31 I 34", 17.75 feet to the true point of beginning;
Thence radial to said curve North 73O 52' 44" East, 115.00 feet to a point of terminus.
This grant is made and accepted upon the following terms and
conditions:
1. This grant is subject to all valid and existing contracts, leases,
licenses, encumbrances, and claims of title which may affect said property and
the use of the word "grant" herein shall not be construed as a covenant
against the existence of any thereof.
2. Grantee hereby waives all claims and recourse against the State for
loss or damage to persons or property arising from, growing out of, or in any
way connected with or incident to this agreement. Grantee agrees to
indemnify, save harmless, and defend the State, its officers, agents, and
employees against any and all claims, demands, or causes of action that may be
brought against the State, its officers, agents, and employees arising out of
or in any way connected with or incident to the use or occupancy of said
premises by the Grantee or the exercise by Grantee of the rights or privileges
herein granted.
3. State expressly reserves the right to the use of said property in
any manner, provided such use does not unreasonably interfere with the use of
the easement herein granted. Grantee when making any excavation for Parcel 2
shall restore surfdce and any improvement thereon to as near the condition as
they were prior to excavation as practicable.
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such new location, and Grantee thereupon shall reconvey to State the easement
herein granted.
5. This agreement and the rights and privileges herein given Grantee
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28 COURT PAPER
STAT. OC CALICORNIA STD. 113 (REV. a-721
85 34768
of one (1) year to utilize the rights and privileges herein granted.
6. In the event of the termination of this agreement, Grantee shall, at
Grantee's own expense, when requested in writing to do so by State, remove all
property and equipment placed by or for Grantee, upon the said premises and
restore said premises as nearly as possible to the same state and condition
they were in prior to the entry of Grantee upon said premises; but if Grantee
shall fail so to do within sixty (60) days after the aforesaid request is
paid by given, State may do so,
Grantee on demand.
Upon terminat
all at the cost and expense of Grantee to be
on of the rights herein granted, Grantee sha 1 execute
and deliver to State within thirty (30) days, a good and sufficient quitclaim
deed to the rights arising hereunder.
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2 times comply with all applicable laws and lawful regulations.
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g GRANTEE:
CITY OF CARLSBAD, A
10 MUNICIPAL CORPORATION
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION HENRY R. AGONIA, DIRECTOR
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couur PAPER
STD. 113 IRLV e.701 I
STAT. 01 CALWOINIA
85 34789 ! 5
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STATE OF CALIFORNIA )
I COUNTY OF SACRAMENTO )
L )ss
Ir % I
On thisJk day of Susan P. Harrington, commissioned and sworn, personally appeared HENRY R. AGONIA, known to me to be the Director of Parks and Recreation of the State of California and acknowledged to me that he executed the within instrument in the name of and on behalf of the State of California.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said county, the day and year first written ab
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
) ss.
On June 12, 1989 , before me the undersigned, a Notary Public in and for said State, personnally appeared
of the City of Carlsbad, a Municipal Corporation of the State oi California, known to me to be the personswho executed the within instrument on behalf of said Municipal Corporation, and acknowledged to me that such City of Carlsbad, California, executed the same.
Claude A. Lewis
and Aletha L. Rautenkranz , known to me to be the Mayor and City Clerk
WITNESS my hand the the official seal.
. '4*4'i*.***+**r***+**********
,/q ~P~JCIAL SEAL z
' .-*-\ KAW? R. KUNDTZ 2
Y
CERTIFICATIOM FOR ACCEPTAMCE OF EAS EI4EPIT
This is to certify that the interest in real property
conveyed by the easement dated June 12, 1989
from The State of California Department of Parks and Recreation
to the City OE Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbocl,
California pursuant to resolution fJo. 89-123 , adopted
on - April 18, 1989 , and the grantee consents to tile
recordation thereof by its duly authorized officer.
DATED: October 20, 1989
ALETIIR L.
STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 94296-0001
(916) 322-7544
October 13, 1989
MB. KarenR. Kundtz
mty City Clerk city Hall
1200 Elm Stmt Carlsbad, CA 92008
Encloeed i8 your fully executed Agmeuent and Grant of Eaeement between the State and the City of Carlsbad for knzano Drive street and drainage iugo.mvements at South Carlsbad State Beach.
Eaabeequent to recordation, please furnish me with a &&DCOPY of the instnment.
Thank you again for the cooperation and aeeietance eorkded to me
?x!garding the enclosed doarment.
Sinoerely,
oc: Mr. Kenneth W. Qum, Fbject Manager w/enclosure city of carlebad 2075 L~B Palmas Drive Carl~bad, CA 92009-4859
1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
TELEPHONE (619) 434-2808
Office of the City Clerk
June 12, 19b9
State Dept. of Parks and Recreation
P.O. Box 942896
Sacramento, CA 94296-0001
Attn: Edwin Y. Mizutani, Land Agent
Re: City of Carlsbad/
Manzano Drive/Acceptance of Easement
nclosed per your requ
of the Agreement and
street improvements at
of Page 5 of th
The Mayor and City Clerk have signed dch of the pages, and their
signatures have been acknowledged.
Also enclosed per your request is a certified copy of of Resolution
NO. 89-123.
Please see that the original Agreement and Grant of Easement is
returned to us after it has been executed by the state representatives.
We will then record the original document and require io for our
records. Also, please furnish us with a fully signed copy of the
Agreement for Development.
Thanks for your assistance, and call me if you have any questions.
j?Gij?j* eputy City Clerk
Encs.
c: Ken Quon, Mun. Proj.
STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor
DEPARTMENT OF PARKS AND RECREATION
P.O. BOX 942896
SACRAMENTO 94296-0001 (916) 322-7544
June 5, 1989
Me. Karen R. Kundtz
Deputy City Clerk city Hall
1200 Elm Street Carlsbad, CA 92008
Dear Me. Kundtz:
Per our telephone conversation, enclosed are the original and four (4)
copiee of Sheet 8 of the Agmement and Grant of Eaeement and the original
d four (4) copies of Sheet 5 of the Agmement for Development of Manzano Drive street improvementcr at South Carlsbad State Beach. the signatures confom to the resolution of said projects. State requires
Please have the Mayor and City Clerk eign all copies and return to me, together with the Notary's acknowledgement and a certified true copy of the R-lution No. 89-123.
If you should have any questions, please call me at the above telephone numbr .
Sincerely,
_-
DATE : May 10, 1989
TO: City Clerk
FROM: Kenneth Quon, Project Manager w
RE : Improvements to Manzano Drive
Enclosed are the original and four (4) copies of an Agreement and Grant of Easement and the original and four (4) copies of an
Agreement for Development of Manzano Drive Street Improvements.
These documents were approved by City Council on April 18, 1989,
per Resolution No. 89-123.
Please have the Mayor sign and date all documents and have them
returned to me, together with a certified true copy of Resolution NO. 89-123. The State has requested the signature on the
Agreement and Grant of Easement be acknowledged for recording.
Once all documents are returned to me, I will forward the signed
documents to the State for their signature and arrange the transfer of funds.
Please call me if there are any questions.
KQ:tlg
Enclosures
To : Ken Quon
From : Deputy City Clerk
Enclosed are the originals and four (4) copies of the Agreement and Grant
of Easement and Agreement for Development of Manzano Dr. between the City
of Carlsbad and the State Dept. of Parks and Rec. These have been signed
by the Mayor on behalf of the City. Please request that they execute these
and return the Original Documents to us!
I have also enclosed a certified copy of Resolution No. 89-123 per your
request.
3cs .
,-
April 21, 1989
Mr. Robert Cates
State of California
Dept. of Parks and Recreation
P.O. Box 942896 Sacramento, CA 94296-0001
CITY OF CARLSBAD/STATE PARKS AGREEMENT FOR IMPROVEMENTS TO
MANZANO DRIVE
Dear Mr. Cates:
On April 18, 1989, the Carlsbad City Council adopted Resolution Numbers 89-122 and 89-123 regarding the City/State Agreement for the improvements to Manzano Drive. Enclosed herewith are copies of both resolutions as well as the originals and four (4) copies of the Development Agreement
and the Grant of Easement.
At your earliest opportunity, please have the appropriate
member of your agency execute both the Development Agreement
and the Grant of Easement documents and return said originals
and the four (4) signed copies to the attention of the
Carlsbad City Clerk, 1200 Elm Avenue, Carlsbad, California
92008 for further signatures and recordation of the easement documents.
Thank you for your assistance and cooperation in this matter.
JOHN J. CAHILL
MUNICIPAL PROJECTS MANAGER
JJC:mg
c: Carlsbad City Clerk Kenneth W. Quon, Project Manager
2075 Las Palmas Drive- Carlsbad. California 92009-4859-(619) 438-1 161 'i
W"ITE IT- DON'T SAY I"'
To Marie - Mun. Projects Reply Wanted
From Karen - Clerk's Office UNO Reply Necessary
Re: Easement and Agreement with State for Improvements to Manzano Dr.
As we discussed this morning, enclosed are the originals and copies
of the above-referenced documents which we were furnished. Because
none of the documents have been signed by the State, I cannot follow
the instructions contained in the Resolutions of approval.
After the documents have been signed by the State, please return to me
and I will complete the processing.
Thanks.
AIGNER FORM NO. 55032 PRINTED IN USA