HomeMy WebLinkAbout1989-06-27; City Council; 10102; Accept Grant Deed For Parksite AccessCIT” OF CARLSBAD - AGEND” BILL
UTILITY
AVIARA CT 85-35 PHASE I OFFSITE. PR 2.3.19
RECOMMENDED ACTION:
Adopt Resolution No. 8hW 6 accepting a Grant Deed and a Joint Use
Agreement for Parksite Access and Public Utility Easement purposes and
authorize the City Clerk to record the original Deed and Agreement to the
County Recorder's Office.
ITEM EXPLANATION:
As a condition of approval of the project called AVIARA, City of Carlsbad Tract
85-35, the developer, Aviara Land Associates Limited Partnership, a Delaware
Limited Partnership, is required to offer or cause the offer for dedication
to the City every easement required by the Master Plan. The offer is required
to be made prior to recordation of the final map and the land so offered must
be granted free and clear of all liens and encumbrances and without cost to
the City.
An offsite Public Utility and Access easement is required north of Unit C in
order to provide an all weather access to the park site on the northerly end
of the project (see Exhibit 1). This offsite property owned by Aviara Land
Associates Limited Partnership has an existing Deed of Trust listing First
Interstate Bank of California as Trustee and Beneficiary. There is also a
recorded easement in favor of San Diego Gas and Electric for their overhead
transmission lines.
In response to the condition of approval stated above, the developer, Aviara
Land Associates Limited Partnership hi)s granted the general utility and access
easement (see Exhibit 2) and has caused First Interstate Bank of California
to subordinate its lien of the Deed of Trust (see Exhibit 3) and San Diego Gas
and Electric to enter into a Joint Use Agreement for the easement (See
Exhibit 4).
FISCAL IMPACT:
Requiring dedications as a condition of development will save the City expenses
in the future easement acquisitions.
EXHIBITS:
::
Location Map.
Grant Deed-from Aviara Land Associates Limited Partnership,
dated Juqe.7, 1989
3. Subordination Agreement between Aviara Land Associates Limited
Partnership and First Interstate Bank of California,
dated June 7, 1989.
4. Joint Use Agreement with San Diego Gas and Electric dated
5. Resolution No. $?*a& accepting a Grant Deed and a Joint Use Agreement
for Parksite Access and Public Utility purposes.
1’3CATION M,!’ P
U
NTS
UT-m--
-1\
‘ROJECT NAME (“$#$j~ #!byz&&$f puDt’r-
AVIARA PHASE ~~7-85~35
-IEXHIBIT I1
, 1 . RECORDING REQUESTED BY c
AND WHEN RECORDED MAIL TO Cjty Clerk f- City of Carlsbad 1
Name 1200 Elm Ave.
Carlsbad, CA 92008 Street Address
City & State L -I
MAIL TAX STATEMENTS TO r 1
Name
Street Address
City 84 State L -I
SPACE ABOVE THIS LINE FOR RECORDER’S USE
PD 324 P.R. 2.3.19
CAT. NO. NN00566 Partnersh& Grant Deed PARKSITE AC SS AND PUBLIC UTILITY TO 1925 CA (11433) EASEMENT THIS FORM FURNISHED BY TICOR TITLE INSURERS
The undersigned grantor(s) declare(s): APN 215-04( kg -l Documentary transfer tax is Nil 215-050-or
( ) computed on full value of property conveyed,or 215-051-10
( ) cornouted on full value less value of liens and encumbrances remaining at&&&-&!P-o2
i j UniAcorporated area: (X )City of Y Carlsbad , and
FORAVbLUABLE CONSIDERATION,receiptofwhich isherebyacknowledged, Avlara Land Associates Limited Partnership
a limited artnershi
herebyGRANTSto the 8 itY 0 P organized under the lawsofthe State of Delaware Carlsbad, a municipal corporation, an easement for Parksite Access and Public Utility over, under, and across
the following described real property in the City of Carlsbad
Counryof San Diego , State of California.
See Exhibit “A” pages one through two, herein and attached hereto. for legal description incorporated
See Exhibit “B” sheets one through two attached hereto for reference only.
Aviara Land Associates Limited Partnership, a Delaware limited partnership
BY: Aviara Land Company, a
Delaware Corporation, general partner.
Dated: June 7, 1989
STATE OF CALIFORNIA
COUNTY OF
On before
me, the undersigned, a Notary Public in and for said
State, personally appeared
personally known to me or proved to me on the basis
of satisfactory evidence to be the person- who exe-
cuted the within instrument as
of the partners of the partnership that executed the
within instrument, and acknowledged to me that such
partnership executed the same.
WITNESS my hand and official seal.
Signature see attached
(This area for official notarial seal)
Title Order No. Escrow or Loan No.
MAIL TAX STATEMENTS AS DIRECTED ABOVE
STATE OF CALIFORNIA ) ) :ss COUNTY OF SAN DIEGO 1
on , //i ( /'j ,iY' c<-'
ln,a'nd fo.r said stat; before me ‘ . ). the undersigned, a ,n,otnry public
(personally known to m;) personally appeared ,j',' ' _', / /'( , * a./' ~r~~~-tne-en-~he-bitsis--ef satiif:ctory ./ &v-&deny+ to be the , ',, L ./ yd, / ,,{ , president, and /v'/; IT,,, ,e'(,;, (personally known to me) (proved--t-'-me --on---the ‘-basis--of -satisfactory--evidence) to be the ' /','L ,'.*/I/ .I ", ,, i / ,' , / ., f -secretary of Aviara Land Company, a Delaware Corporation, the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
/
Witness my hand (iiT,‘?(/; , c , (‘(‘, /’ ,“‘i ,,:~‘$-f
Notary Public in and for said State
~- , '. '- (. I' ,,I My Commission expires.:! ./I, _', 1' , ,; I
(i,;.l;q, / ~~-,.r~,,/\, i j /-/,[‘,‘!\I(. ’ ( //’ , ’ Name ) , .;,.:,. / Lf7 /, ,I, ( /.I ,.' 1 I' T ‘\, : ,'
Principal Place of Business STATE OF CALIFORNIA 1 ) :ss COUNT,Y OF SAN DIEGO 1
ori- -I, i , \ 1 ') , ,./C,,.‘ $ ; --
in and for said stat;, before me, the undersigned, a;notary public personally appeared2 (personally known to me) (Proved to me on the-basis-of-~satisfactory e-v-idew@~ o be the t; ,'( ('is president, and -. /$, 1 /c' . , cl; '?f(., .!,--/.(personally known to me)L-(proved, to .me on the basis of satisfactory evidence) to be the I/ ( /.. ,' :/ /l/t,, ..,.7 secretary of Republic Development Company, a California Corporation the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
i ,f“ ,/;;J;,.,/ ,/,..; /r ' .? A’- ;
Witness my hand 4 ( f ( (/ { ! ', .' f,,-/
Notary Public in and for said State
My Commi,ssion expires&_ '1). 1,' I' ,i i",,-.\ 'I/
4 Name ,,( ,,/ !;*‘/,,L j(’ ,$, ,i,( ,,*$( ‘,j\,‘, ‘; ,-j , I, ‘,i I;, ., __ I:‘[: (“C : -I ‘, I ‘,” )’
Principal Place of Business
13
EXHIBIT "A"
LEGAL DESCRIPTION
Those portions of Sections 22,26 and 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to official plat thereof as shown on Record of Survey no. 10774, recorded October 30, 1986 as file no. 86-494180, being more particularly described as follows:
PARCEL"A" (Access and Public Utility Easement)
Being a strip of land 30.00 feet in width lying 15.00 feet on each side of the following described centerline:
Commencing at the southeast corner of said Section 22; thence along the easterly line of said section 22, North 00'33'25" East,1634.46 feet; thence leaving said easterly line, South 89"46'56" West,678.27 feet: thence South 44"18'06" West,124.45 feet; thence South 89"18'06" West, 67.26 feet to the TRUE POINT OF BEGINNING: thence South 03"50'09" West,891.86 feet to the beginning of tangent 300.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 42"53'52" a distance of 224.61 feet; thence South 39'03'43" East,523.58 feet to the beginning of a tangent 500.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 08"18'02" a distance of 72.44 feet: thence South 47'21'45" East,373.21 feet to the beginning of a tangent 300.00 foot radius curve concave Southwesterly: thence Southeasterly along the arc of said curve through a central angle of 46"39'23" a distance of 244.29 feet; thence South OO"42'22" East,748.70 feet to the beginning of a tangent 1000.00 foot radius curve concave Westerly: thence Southerly along the arc of said curve through a central angle of 08"59'57" a distance of 157.07 feet; thence South 08"17'35 'I West,122.59 feet to a point of terminus, said point also being hereinafter referred to as Point"A" .
The sidelines of said 30.00 foot wide strip of land to be shortened or extended so as to terminate in a line that bears South 89"18'06" West through the true point of beginning.
PARCEL"B" (Access and Public Utility Easement)
Beginning at the hereinabove described Point"A"; thence South 81"42'25" East,15.00 feet: thence South 04"51'521' East,92.78 feet to the beginning of a non-tangent 670.00 foot radius curve concave Easterly, a radial line to said point bears North 89'27'22" West; thence Southerly along the arc of said curve through a central angle of 12'09'59" a distance of 142.27 feet: thence South 11'37'21 " East,140.59 feet to the beginning of a tangent 1180.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 10'54'59" a distance of 224.82 feet: thence South 00'42'22" East,24.22 feet: thence South 89"17'38" West,30.00 feet to a point hereinafter referred to as Point"B"; thence continuing South 89"17'38" West, 15.00
P&D Technologies 401 West ‘A” Street, Suite 2500
San Diego, CA 92101 6192324466
~*HndT*hrdogyconpy
sheet 1 of 2
:
EXHIBIT "A"
LEGAL DESCRIPTION
feet; thence North 00'42'22" West,24.22 feet to the beginning of a tangent 1135.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 10'54'59" a distance of 216.25 feet; thence North ll"37'21" West,140.59 feet to the beginning of a tangent 715.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 19"54'56" a distance of 248.53 feet: thence radial to said curve South 81°42'25" East,15.00 feet to the Point of Beginning.
PARCEL"V (Access and Public Utility Easement)
Being a strip of land 60.00 feet wide lying 30.00 feet on each side of the following described centerline:
Beginning at the hereinabove described Point"B"; thence South OO"42'22" East,179.77 feet to the beginning of a tangent 350.00 foot radius curve concave Northeasterly: thence Southeasterly along the arc of said curve through a central angle of 55'13'38" a distance of 337.36 feet; thence South 55'56'00" East,416.30 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 09"46'00" a distance of 68.18 feet; thence South 46"lO'OO" East,114.83 feet to the point of terminus said point being on the Northerly Right-Of-Way of future Alga Road.
The sidelines of said 60.00 foot wide strip of land to be shortened or extended so as to terminate in the arc of a 1151.00 foot radius curve concave Southeasterly, a radial line to said point of terminus bears North 46'10'00" West.
sheet 2 of 2
P&D lbchnologles 401 West ‘A” Street, Suite 2500 San Diio. CA 92101 6X+232*4466
hM*ldMmbwcarocrl
EXHIBIT “B”
SHEET 1 OF 2 SHEETS
N09 ‘20’30”w 1.370 -3.1) i r T-Fr- - .L...../yy< / 1 ,il,,1 1”’ *\ 9 1 XK 2 I z-ii .
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PARCEL “A *’ $3, SCALE: 1”: 500’ - I 8 Q I
I - FyTq T- ‘/)O’S.a 6.46 EASE/V,g/;r
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RECORDI w 4/w1954 IN 6K 520< PG. 261 d 3. R. PARK \5
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-
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\: CURVE TABLE N47’2/‘45”jv ,mtzy Ec$fzJ
P9’23” 244: 19’
2 1;‘; \ y\““\ 0Bm59’57* 900’, 1000 157.07’ r’( OF
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10774 &x WI1 11
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PARCEL “BH FIAT T-0 ILLUSTRATE
SEE SffEET 2 LEGAL DESCRIPTION
LARRY A. H/BdgR R.C.E. 3175 7
P&D 7bchnofogfes
401 West “A” Street, Suite 2500
San Diego, CA 92101 619*232-4466
An Ashland Technology Company
’ T
\
/
., ’ . . . EXHIBIT “Bn
SHEET 2 OF 2 SHEETS
-PARK ?317E- ACCESS
UTILITY E4SEMEN7
A = /.9 ‘54 ‘50 ” A - M’O9 ‘59 ”
L = 248.53’
A = /0’54 ‘59” A = /0”5Q ‘59”
- -____
N0’42’2Z”W - N0’42?‘22”kv 24.22
N0g”r7’3t,s’& ” r5.00 )
N0°42’22”Lv~179.77~
POINT “0 #’
PO.0.
>iZXISZ- 20’ E.-ASEME-T TO CA&WAD MUNICRAL ---- J-f&J Ef? DIS TUIC T RECORDEP_
\ ?L?7/1962 ,. FILE NO. 33068 AA/D .9bw 7~/-fl =ri = *IA - .----
PARCEL “C a
r AND PUBLIC
N (D
.E: 1”: 200’
ENG/NEER OF WORK: I‘ . &$Q- 44 f I
LARRY A. ffl8~ER
KC. E. 31757 . $2
y I ’ / / +4 xi c3’p; ’ / / / / y I / .’ ,’
TU lLLUSTRATE “4 /’ LEGAL DESCRIPJ~O~~‘&, / P&D T’echnologies 401 West “A” Street, Suite 2500
I
San Diego, CA 92101 619*232*4466
An Ashland Techndogy Company
.
CERTIFICATION FOR ACCEPTANCE OF EASEMENT
This is to certify that the interest in real property
'conveyed by the easement dated June 7, 1989
from ‘Aviara Land Associated Limited Partnership
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the City Council of the City of Carlsbad,
California pursuant to resolution 140. 89-206 I adopted
011 June 27, 1989 t and tile grantee consents to tllc
recordation thereof by its duly authorized officer.
DATED: June 28, 1989
---
.
.
RECORDING REQUESTED BY AND )
WHEN RECORDED MAIL TO: 1
CITY OF CARLSBAD i 1200 Elm Avenue
Carlsbad, CA 92008 !
Space above this line for Recorder's use.
PR 2.3.19
SUBORDINATION AGREEMENT PD 324
NOTICE: THIS SUBORDINATIONAGREEMENTRESULTS INYOUR
SECURITY INTEREST IN THE PROPERTY BECOMING
SUBJECT TO AN ESTATE IN TttE REAL PROPERTY
TO WHICH YOUR SECURITY INSTRUMENT ATTACHES
AND HAS THE POTENTIAL EFFECT OF REDUCING
THE VALUE OF YOUR SECURITY INTEREST.
THIS AGREEMENT, made this 7th day of June 1989 by Aviara
Land Associates Limited Partnership, a Delaware Limited Partnership hereinafter
referred to as "Owner," owner of the land and First Interstate Bank of
California, a California Corporation hereinafter referred to as "Beneficiary";
present owner and holder of the deed of trust hereinafter described;
WITNESSETH
THAT WHEREAS, Aviara Land Associates, Limited Partnership, a
Delaware limited partnership did execute a deed of trust, dated December 20,
1988, to First Interstate Bank of California, a California Corporation as
trustee, covering portions of Sections 22, 26 and 27, Township 12 South, Range
4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego,
State of California to secure a note in the sum of One Hundred Twenty Five
Million Dollars ($125,000,000) dated December 20, 1988 in favor of First
Interstate Bank of California recorded in the office of the County Recorder of
San Diego County on December 23, 1988 as File No. 88-661636 of Official Records
of said county; and
WHEREAS, Owner has executed, or is about to execute, as grantor, a grant
of Easement dated , in favor of the City of Carlsbad as grantee ,
herein referred to as "Easement Grantee," creating an Easement more particularly
described in Exhibits A & B attached hereto; and
WHEREAS, Easement Grantee is willing to accept said Easement provided the
grant of Easement is a charge upon the above described property prior and
superior to the lien or charge of the deed of trust above mentioned and provided
that beneficiary will specifically and unconditionally subordinate the lien or
charge of the deed of trust above mentioned to the lien or charge of the
Easement created in favor of Easement Grantee; and
WHEREAS, it is to the mutual benefit of the parties hereto that Easement
Grantee accept said Easement and Beneficiary is willing that the grant of
Easement shall, when recorded, constitute a charge upon said land which is
unconditionally prior and superior to the lien or charge of the deed of trust
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the
parties hereto and other valuable consideration, the receipt and sufficiency of
which consideration is hereby acknowledged, and in order to induce Easement
Grantee to accept said Easement above referred to, it is hereby declared, under-
stood and agreed as follows:
1. That said Easement in favor of Easement Grantee shall
unconditionally be and remain at all times a charge on the property therein
described, prior and superior to the lien or charge of the deed of trust above
mentioned.
2. That Easement Grantee would not accept said Easement above described
without this subordination agreement.
3. That this agreement shall be the whole and only agreement with
regard to the subordination of the lien or charge of the deed of trust above
mentioned to the Easement in favor of Easement Grantee above referred to and
shall supersede and cancel, but only insofar as would affect the priority bet-
ween the deed of trust and Easement hereinbefore specifically described, any
prior agreement as to such subordination including, but not limited, those pro-
visions, if any, contained in the deed of trust above mentioned, which provide
for the subordination of the lien or charge thereof to another interest in the
real property therein described.
BENEFICIARY declares, agrees and acknowledges that:
1. He consents to and approved the grant of Easement in favor of the
Easement Grantee.
2. He intentionally and unconditionally waives, relinquishes and subor-
dinates the lien or charge of the deed of trust above mentioned to the Easement
in favor of Easement Grantee above referred to and understands that in reliance
upon, and in consideration of, this waiver, relinquishment and subordination of,
the grant of Easement is being executed and delivered, the Easement is being
created, and that specific monetary and other obligations are being and will be
entered into by the Easement Grantee, other lenders and title insurance
companies which would not be made or entered into but for said reliance upon the
waiver, relinquishment and subordination; and
This agreement represents an endorsement to the
3. eW*fla&mhe note secured by the and
deed of trust above mentioned/that said deed of trust has by this instrument
been subordinated to the charge of the Easement in favor of Easement Grantee
above referred to .
BENEFICIARY OWNER
FIRST INTERSTATE BANK OF CA AVIARA LAND
PARTNERSHI
By: yJ ,*. p p,jQL VLti'd'\
Kevin P. McKenna, Assistant
By: Vice President
Maxy Al$n, Vice President
ASSOCIATES LIMITED
Company, General Partner
REPUBLIC B EVFLOPMENT COMPANY
NOTE THAT THE PRESIDENT OR VICE-PRESIDENT A&j THE SECRETAFfY OR ASSISTANT SECRETARY MUST SIGN FOR CORPORATE EXECUTIONS OF THIS DOCUMENT. ALTERNATELY A TRUE COPY OF A RESOLUTION OF THE BOARD OF DIRECTORS THAT IS SIGNED BY THE SECRETARY OR ASSISTANT SECRETARY OF THE CORPORATION, UNDER CORPORATE SEAL SPECIFICALLY EMPOWERING THE INDIVIDUAL SIGNING IN BEHALF OF THE CORPORATION
WILL SHOW SUFFICIENT AUTHORITY OF SAID INDIVIDUAL TO ACT IN THIS MATTER.
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION
AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
CAT. NO. NN00737 TO 1945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF -GF
must be TITLE INSURANCE AND TRUST
lllcoR COYPAN”
ss.
On June 7, 1982,
said State, personally appeared
before me, the undersigned, a Notary Public in and for Kevin P. MC&Ma
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as the &slst@- Vice
President, and Marcv Allen personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as the Vice President d&d&y of the Corporation
that executed the within instrument and acknowledged to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resdIiiion of its
board of directors.
WITNES
y~;f/g&dH Signature ,
MONA 1 RIISCFI I
f’EINClPA1 UffICF IN
ORANGE COUNlY
I (This area for official notarial seal)
2, : , . :
” .
STATE OF CALIFORNIA 1 ) :ss COUNTY OF SAN DIEGO 1
, before me, the unders
to be the m of Aviara Land Company, a Delaware Corporation, the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
Witness my hand .(I? /&6Ysd Notary Public In and for said State .R'
My Commission expires AfL?d- 3, /+v~
KATHLEEN A. ARNOLD
/
7-M &Gv Principal Place of Business STATE OF CALIFORNIA 1 ) :ss COUNS OF SAN DIEGO 1 6
the undersi
president, and known to me)
+ecz&aq of Republic Development Company, a California Corporation the corporation that executed the within instrument and (personally known to me) (proved to me on the basis of satisfactory evidence) to be a general partner of Aviara Land Associates Limited Partnership, a Delaware limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same.
Witness my hand I Notary Public in and for said State
My Commission expires /TzY+7 /
Name /$$BTffE&flA./!&/dL/) &/z52a &A/T/ Principal Place of Business
. . .
. ’
EXHIBIT lBA"
LEGAL DESCRIPTION
Those portions of Sections 22,26 and 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California, according to official plat thereof as shown on Record of Survey no. 10774, recorded October 30, 1986 as file no. 86-494180, being more particularly described as follows:
PARCELUQA'! (Access and Public Utility Easement)
Being a strip of land 30.00 feet in width lying 15.00 feet on each side of the following described centerline:
Commencing at the southeast corner of said Section 22; thence along the easterly line of said section 22, North 00"33'2511 East,1634.46 feet: thence leaving said easterly line, South 89-46'56" West,678.27 feet; thence South 44'18'06" West,124.45 feet: thence South 89'18'06'1 West, 67.26 feet to the TRUE POINT OF BEGINNING; thence South 03"50'09tV West,891.86 feet to the beginning of tangent 300.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 42"53'52" a distance of 224.61 feet; thence South 39"03'43V' East,523.58 feet to the beginning of a tangent 500.00 foot radius curve concave Northeasterly: thence Southeasterly along the arc of said curve through a central angle of 08"18'02~~ a distance of 72.44 feet; thence South 47"21'45" East,373.21 feet to the beginning of a tangent 300.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 46"39'23" a distance of 244.29 feet; thence South OO"42'22t1 East,748.70 feet to the beginning of a tangent 1000.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 08°59'5711 a distance of 157.07 feet; thence South 08"17'35 If West,122.59 feet to a point of terminus, said point also being hereinafter referred
to as PointtlAtt .
The sidelines of said 30.00 foot wide strip of land to be shortened or extended so as to terminate in a line that bears South 89"18/061v West through the true point of beginning.
PARCEL"B" (Access and Public Utility Easement)
Beginning at the hereinabove described PointVfAt@ ; thence South 81"42'25" East,15.00 feet; thence South 04'51'521t East,92.78 feet to the beginning of a non-tangent 670.00 foot radius curve concave Easterly, a radial line to said point bears North 89'27'22" West; thence Southerly along the arc of said curve through a central angle of 12"09'59t1 a distance of 142.27 feet; thence South 11°37'21V1 East,140.59 feet to the beginning of a tangent 1180.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 10'54'59VV a distance of 224.82 feet: thence South OO"42'22VV East,24.22 feet: thence South 89'17'38" West,30.00 feet to a point hereinafter referred to as PointVVBIVo I thence continuing South 89"17'38" West, 15.00
P&D Technologies 401 West “A” Street, Suite 2500 San Diego, CA 92101 619.23P4466
Ln-wcampy
sheet 1 of 2
.
I .
EXHIBIT "A"
LEGAL DESCRIPTION
feet: thence North OO"42'221' West,24.22 feet to the beginning of a tangent 1135.00 foot radius curve concave Westerly: thence Northerly along the arc of said curve through a central angle of 10'54'59" a distance of 216.25 feet; thence North ll"37'21" West,140.59 feet to the beginning of a tangent 715.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 19*54'56" a distance of 248.53 feet; thence radial to said curve South 81'42'25" East,15.00 feet to the Point of Beginning.
PARCELWY (Access and Public Utility Easement)
Being a strip of land 60.00 feet wide lying 30.00 feet on each side of the following described centerline:
Beginning at the hereinabove described Point'lB"; thence South 00'42'22" East,179.77 feet to the beginning of a tangent
350.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 55"13'38" a distance of 337.36 feet: thence South 55"56'00" East,416.30 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly: thence Southeasterly along the arc of said curve through a central angle of 09"46'00'1 a distance of 68.18 feet; thence South 46"10fOO" East,114.83 feet to the point of terminus said point being on the Northerly Right-Of-Way of future Alga Road.
The sidelines of said 60.00 foot wide strip of land to be shortened or extended so as to terminate in the arc of a 1151.00 foot radius curve concave Southeasterly, a radial line to said point of terminus bears North 46'10'00" West.
sheet 2 of 2
P&D lbchnologles 401 west “A” street, suite 2!m Sen Diego, CA 92101 619*232+X8
*n~kchdowcompnl
-. -, 1
_’ .
. . * EXMIBIT “B”
SHEET 1 OF 2 SHEETS
‘20’30”w 1270.33 t
---r---- --
/ /
‘-7
*
(PARK sITEfoo’6
&$b” ’
I N
0.0. 81 SCALE: 1”: 500’
E?CS7- 1oO’S.1=! G.dE EASEIVEN~ Rk=f f-mr7F7) 4/.%/1954 IN BU. so< _ ---“I .YL-Y f=% 761 ilR
I I
--I-
“A ”
CUQVE TABLE
DELTA / PAQCEL’A” c3 2.31 ACRES
>
RADIUS LENGTH
CJ 42’53’52” 900’ 224.GJ t
CZ 00’/0’02 600’ 71.44’
c3 4G’69’23” 300’ 244.19
c4 00’59’57” /ooo’ lS7.07’
10774
s R -4 \I\!
c441 PO/NT “A”
ENGINEER OF WORK:
t
Q.C.E. 3175 7
. ‘. ./.-t /, * L j- L -
- 190.0.
PAQC&L “C *
PLA7 TO I’iLUSTRATE LEGAL DESCRPTION
.’ Ilo. 3177L I ILV. RAttCf?/ “C” I
k$a&gY’~~-~~T-~~-,
//‘A f.
(sj ,/Jc$~ r I --\ / / / ; $ P 6f- pmE /w%% /+4P \ P-G w?-lLJl-\( &+sJq@q- / / =-I- =-35; PP 2.3. /q I / Ejq-+l@]T f3 / I -/
P&D 749chofogles 401 West “A” Street, Suite 2500 San Diego, CA 92101 619*232-4466
An Ashland Techndogy Company
/
-. ., s . , EXHIBIT “B”
SHEET 2 OF 2 SHEETS
PARCEL “A w
see SkEEc----k I ’
PARK SUE ACCESS AND PU0LIC U?-ILI7-Y EASE/VENT
NB/‘42’25”bVtR) Q
SCALE: 1”~ 200’
A = I.9 ‘54 /z-l
n7/
~ N//‘37’2/ “W
140.59 t
N//‘37’ZI “W /PARCEL “6 ”
(0.63 ACRES1
A = /0”54 ‘53”
R= f/00
L - !zz4.082f
N0’42’Z?‘kV
24.22
ENGfNE’EK OF UlOKK:
LAhly A. HIBNER
R.C.E. 31757
/ /
*
/ .’
P&D 7bchnofogfes 401 West “A” Street, Suite 2500 San Diego, CA 92101 619*232*4466
An Ashland Technology Company
-
Recording Requested by San Diego Gas & Electric
When Recorded Mail To:
--------------------------------
San Diego Gas & Electric Company P.O. Box 1831 San Diego, CA 92112 Attn:
-------------------------------- SPACE ABOVE FOR RECORDER'S USE
JOINT USE AGREEMMT Qp 2.3. rq
The undersigned declares consideration is less than
$100.00 and Transfer Tax is none.
THIS AGREEMENT, dated I by and between
SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (SDG&E), and
CITY OF CARLSBAD
following facts:
A. SDG&E
distributing gas
(Second Party), is made with reference to the
is engaged in the business of transmitting and
and electricity within the County of San
Diego, State of California and has facilities for such purposes
located in, upon, over, under and across the certain easement
and right-of-way granted to SDGSIE as described on Exhibit A
attached hereto (SDG&E's Easement);
B. Second Party desires to acquire and is now acquiring
easements and rights-of-way in the real property described in
Exhibit "B" attached hereto and intends to construct, operate
and maintain therein park site road and utility crossing in the
configuration shown on Exhibit C, attached hereto (Second
-l-
.
Party's Facilities): which create a potential present or future
conflict with SDGbE facilities; and
C. Second Party desires to obtain SDG&E's consent for
the construction, operation and maintenance of Second Party's
facilities in, over, under and across SDGbE's Easement along
the route(s) particularly shown on said Exhibit C (Designated
Route(s)).
NOW, THEREFORE, for valuable consideration, receipt of
which is hereby acknowledged, the parties hereby agree as
follows:
1. Second Party, its successors in interest and assigns,
shall have the right and privilege to construct, operate
and maintain Second Party's Facilities in, over, under
and across SDG&E's Easement by the Designated Route(s),
together with the right of ingress thereto and egress
therefrom by practical route(s). In the event Second
Party's route(s) of ingress or egress at any time, in
the sole discretion of SDG&E, conflict with SDG&E's use
of the SDG&E Easement, Second Party agrees and
covenants, upon notice from SDGtE, to relocate said
route(s) at no expense to SDGfE. SDG&E shall cooperate
with Second Party to effect such rearrangement,
relocation or reconstruction.
2. Second Party agrees and covenants not to interrupt the
use or operation of SDG&E's facilities. Any temporary
interference with the use or operation of SDG&E's
-2-
facilities shall be made only with SDG&E's prior written
consent.
3. SDG&E shall be deemed the "party first in place" and its
rights and interests shall be prior in time and superior
in title to those of Second Party.
4. The covenants and terms contained in this agreement
shall run with the land, create equitable servatures on
the properties described in Exhibits 'A" and "B", and be
binding upon both parties, their representatives,
agents, successors, and assigns.
5. In the event of damage caused by an act of God, war, or
other casualty, or damage caused under circumstances
where it would be impractical or impossible for SDG&E to
notify the Second Party of the necessity for temporary
interference with the other party's facilities, SDG&E,
without notice, may enter upon the joint easement area
and make emergency repairs to restore service. SDGbE
shall, however, take reasonable and prudent measures to
protect the installations of the Second Party and
minimize such interference and as soon as practically
possible, notify the Second Party of such emergency
repairs. If permanent repairs are required after such
emergency repairs have been made, reasonable notice
shall be given to the Second Party.
6. Second party shall save, indemnify and hold harmless
SDG&E against any liability, loss, cost, damage and
expense caused by or arising from (I) any negligent act
-3-
or omission of second party, its employees, agents,
contractors, successors and assigns or (ii) the location
and existence of its above-described facilities, whether
defective or otherwise; including, but not limited to,
any such loss, cost, damage, liability and expense
arising from damage to or destruction of real and
personal property or injury to or death of any person.
Liability to a third party(ies) shall be divided between
the parties hereto in proportion to the measure of each
party's liability. Notwithstanding the foregoing, each
party shall hold harmless the other party against damage
to or destruction of its facilities caused by an act(s)
of a third party(ies).
7. Nothing herein contained shall constitute a grant of
easement by SDG&E to Second Party, it being understood
that any such grant may be obtained only from the fee
owner.
a. In the event either party commences legal action against
the other by reason of an alleged breach of this
agreement or in connection with joint use of the SDG&E
Easement, the prevailing party shall be entitled to
recover court costs and attorney's fees as set by the
court. "Prevailing Party" means the party in whose
final judgment is rendered.
9. Second Party shall, at his own expense, secure and
maintain in effect during the life of this agreement,
insurance coverages as described herein, in amounts not
-4-
less than the minimum limits specified, to protect SDG&E
and Second Party from claims or liabilities in any way
arising out of the ownership, maintenance or use of the
easement: (1) Worker's Compensation Insurance and
Employer's Liability Insurance in accordance with
statutory requirements and limits, including U.S.
Longshoremen's and Harbor Workers' Compensation act
coverage, where applicable, (b) Comprehensive General
Liability Insurance to include products-completed
operations and contractual liability coverage for
liability assumed by Second Party under this agreement
and automobile liability insurance, with limits of not
less than $l,OOO,OOO each occurrence for bodily injury
and property damage combined. Such liability insurance
shall name SDG&E as additional insured, shall contain a
severability of interest or cross liability clause and
shall be primary for all purposes. Certificates of
insurance evidencing the coverages and provisions
required in (a) and (b) above shall be furnished to
SDG&E prior to any use of the easement by Second party
and shall provide that written notice be given to SDG&E
at least thirty (30) days prior to cancellation or
reduction of any coverage. Second Party agrees, at
request of SDGbE, to increase the limits of insurance to
meet the limits then required by SDG&E for similar
agreements of this type. The provisions of this
paragraph shall not in any way limit any of Second
-5-
Party's other obligations or liabilities Under this
agreement.
10. Second Party agrees to comply with all applicable laws,
ordinances, governmental regulations or agreements,
regarding water quality, solid wastes, hazardous wastes,
hazardous materials, toxic SUbStanCeS, and any and all
Other forms of pollution or nuisance control (herein)
collectively referred to as "Standards".
11. S8COnd Party shall indemnify SDG&E for all costs
(including, but not limited to consulting, engineering,
clean-up, containment, disposal, and legal costs)
incurred by SDGSlE as a result of abating a violations of
Standards in any proceeding before any authority or
court, and paying any fines or penalties imposed because
of a violation of any Standards, which result from
S8COnd party failing to comply with the Standards.
12. Second Party hereby assumes liability for, and shall
indemnify and hold harmless SDG&E from any suit,
enforcement action, or claim resulting from or relating
to (1) any alleged violation or Standards, or (2) all
injuries to or death of any persons and loss of or
damages t0 property, including without limitation,
employees and property of SDGSlE and, which relate to any
alleged violation of Standards which would not have
arisen but for the actions, or inactions, of Second
Party.
-6-
.
,
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to b8 8X8CUt8d by duly authorized officers on
the day and year first above written.
SDGbE "SECOND PARTY"
SAN DIEGO GAS & ELECTRIC CO., A Corporation CITY OF CARLSBAD
BY J/ W.\hepard, Supervisor Section rvices Department
Drawn By Date MOPAC R/W No. A.P. No.
-7-
STATE OF CALIFORNIA ss COUNTY OF SAN DIEGO
, before me, the undersigned, a Notary Public in and for said/State, personally appeared James W. Shepatd personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as Land Management Supervisor, Land Services Department, on behalf of San Diego Gas b Electric company, the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.
WITNESS my hand
Signature
MY Commission EXD. AwlI 20. 1992
OFFICIAL SEAL
PRINCIPAL OFFICE IN SAN OIEGO COUNTY
.
.
EXHIBIT "A"
EXISTING 100' WIDE S.D.G.&E. EASEMENT
RECORDED 4/16/1954 IN BK. 5207, PG. 161 O.R.
EXHIBIT "B"
LEGAL DESCRIPTION
Those portions of Sections 22,26 and 27, Township 12 South, Range 4 West, San Bernardino Meridian, in the City of
Carlsbad, County of San Diego, State of California, according to official plat thereof as shown on Record of Survey no.
10774, recorded October 30, 1986 as file no. 86-494180, being more particularly described as follows:
PARCELVVA1f (Access and Public Utility Easement)
Being a strip of land 30.00 feet in width lying 15.00 feet on each side of the following described centerline:
Commencing at the southeast corner of said Section 22; thence along the easterly line of said section 22, North OO"33'25" East,1634.46 feet; thence leaving said easterly line, South 89'46'56" West,678.27 feet; thence South 44.18'06" West,124.45 feet; thence South 89'18'06" West, 67.26 feet to the TRUE POINT OF BEGINNING: thence South 03'50'09" West,891.86 feet to the beginning of tangent 300.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 42'53'52" a distance of 224.61 feet; thence South 39'03'43" East,523.58 feet to the beginning of a tangent 500.00 foot radius curve concave Northeasterly; thence Southeasterly along the arc of said curve through a central angle of 08'18'02'1 a distance of 72.44 feet; thence South 47'21'45" East,373.21 feet to the beginning of a tangent 300.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 46'39'23" a distance of 244.29 feet; thence South 00.42'22" East,748.70 feet to the beginning of a tangent 1000.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 08'59'57" a distance of 157.07 feet; thence South 08'17'35" West,122.59 feet to a point of terminus, said point also being hereinafter referred to as Point'lA".
The sidelines of said 30.00 foot wide strip of land to be shortened or extended so as to terminate in a line that bears South 89"18f0611 West through the true point of beginning.
PARCEL"B" (Access and Public Utility Easement)
Beginning at the hereinabove described Point"A'l; thence South 81"42'25" East,15.00 feet: thence South 04'51'52" East,92.78 feet to the beginning of a non-tangent 670.00 foot radius curve concave Easterly, a radial line to said point bears North 89'27'22" West; thence Southerly along the arc of said curve through a central angle of 12'09'59" a distance of
142.27 feet: thence South 11.37'21 " East,140.59 feet to the beginning of a tangent 1180.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 10.54'59" a distance of 224.82 feet: thence South 00'42'22" East,24.22 feet; thence South 89"17'38t1 West,30.00 feet to a point hereinafter referred to as Point"Btl; thence continuing South 89'17'38" West, 15.00
. P&D Tochnologlet 401 West “A” Slreet, Suite 2500 San Diego, CA 92101 619*2X+4466
*n-WWOWC
sheet 1 of 2
.
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EXHIBIT "Ei"
LEGAL DESCRIPTION
feet; thence North 00'42'22 '1 West,24.22 feet to the beginning of a tangent 1135.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 10°54'5911 a distance of 216.25 feet; thence North 11'37'2111 West,140.59 feet to the beginning of a tangent 715.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 19'54'56t1 a distance of 248.53 feet; thence radial to said curve South 81*42'2511 East,15.00 feet to the Point of Beginning.
PARCEL'VY (Access and Public Utility Easement)
Being a strip of land 60.00 feet wide lying 30.00 feet on each side of the following described centerline:
Beginning at the hereinabove described Poi.ntVB1'; thence South 00'42'22" East,179.77 feet to the beginning of a tangent 350.00 foot radius curve concave Northeasterly; -thence Southeasterly along the arc of said curve.through a central angle of 55'13'381V a distance of 337.36 feet; thence South 55*56'OOM East,416.30 feet to the beginning of a tangent 400.00 foot radius curve concave Southwesterly: thence Southeasterly along the arc of said curve through a central angle of 09*46JO011 a distance of 68.18 feet: thence South 46'10'0011 East,114.83 feet to the point of terminus said point being on the Northerly Right-Of-Way of future Alga Road.
The sidelines of said 60.00 foot wide strip of land to be shortened or extended so as to terminate in the arc of a 1151.00 foot radius curve concave Southeasterly, a radial ,1-d L- -.I* ,. -.
SHEET 1 OF 2 SHEETS -- rj,
NBS ‘Z&vso ‘W 1.370.33 t
; - \ &i%--- 30’ . ’ / 4EZTjRDi . I EXrs 7- 100 ’ S. D 6. c?E fASEMENT 5.D 4/16/1954 IN BK. 520<
SCALE: 1”: 500’
CURVE TABLE
PARC El. “A 2.31 ACRES
c4 --T I I I POINT “A”
PARCEL “C ’
7-O ILLUSTRATE
9&E 9UEET 2 LEGAL DESCf?/ioT~ON
ENG/NEER OF WORK:
PARK SITE ACCESS AND PUBLK l/TILI 7-Y EASEMENT
P&l ) Tbchnoloaies 401 West “A’ Street. Suite 2500 I trP .54’,e ’ I -.
I - / ‘/,X I \
San Diego, CA 92101 619-232-4466
~-TechmboYCanpany ’ /
A 4 ‘/$‘
/ / / / / /
LARRY A. Ul0NER Q.C.E. 317.57
.
EXHIBIT c /
SHEET 2 OF 2 SHEETS
PARK sn~- ACCESS AND fX/LITY EASEMENT PUBLIC
A = 19 l 54 ‘6X” A -/2’09’59”
SCALE: 1”: 200’
N//‘37’Z/“W PARCEL "6"
A = /0’54’59”
L - 224.02/
NB9’17’36”E - 15.00 I Nt39 l f 7 '30 WE
ENGhVEER OF WORK :
LARRY A. Iy/BNER
Rec.&. 31757
P&D 7bchnofogles 401 West ‘A” Street, Suite 2500 San Diego, CA 92101 619-232-4466
b--C
EXHIBIT C
RESOLUTION NO. F'T-dab
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ACCEPTING A GRANT DEED AND A JOINT USE
AGREEMENT FOR PARKSITE ACCESS AND PUBLIC UTILITY EASEMENT
PURPOSES - AVIARA CT 85-35 PHASE I OFFSITE
WHEREAS, Aviara Land Associates Limited Partnership has submitted a Grant
Deed conveying an easement to the City of Carlsbad for Parksite Access and
Public Utility purposes over a portion of Section 22, Township 12 South, Range
4 West, San Bernardino Meridian; and
WHEREAS, the City Council of the City of Carlsbad has determined it to in
the public interest to accept said Deed;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Grant Deed from Aviara Land Associates Limited Partnership
dated Tudc 7 , 1989, conveying an easement for Parksite Access and Public
Utility purposes over a portion of Section 22, Township 12 South, Range 4 West,
San Bernardino Meridian to the City of Carlsbad which is on file with the City
Clerk and incorporated herein by reference, is accepted.
3. That the Subordination Agreement between Aviara Land Associates
Limited Partnership and First Interstate Bank of California dated June 7, 1989
approving an easement for Parksite Access and Public Utility purposes over a
portion of Section 22, Township 12 South, Range 4 West, San Bernardino Meridian,
and subordinating the lien of the deed of trust to the easement is on file with
the City Clerk and incorporated herein by reference, is accepted.
/I/
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4. That City Clerk is authorized to cause the original Deed ant
Agreement to be recorded in the Office of the County Recorder of San Diego, Statx
of California, with the appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
Council held on the 27th day of June , 19z by the following vote, tc
wit:
AYES: Council Members
NOES: None
ABSENT: None
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerd
(SEAL)
Lewis, Kulchin, Pettine, Mamaux and Larson