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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 . I I PJJ PARCEL “A *’ $3, SCALE: 1”: 500’ - I 8 Q I I - FyTq T- ‘/)O’S.a 6.46 EASE/V,g/;r / -‘.-VI 1” PI RECORDI w 4/w1954 IN 6K 520< PG. 261 d 3. R. PARK \5 EhS Ei’%Y/ - I I \: CURVE TABLE N47’2/‘45”jv ,mtzy Ec$fzJ P9’23” 244: 19’ 2 1;‘; \ y\““\ 0Bm59’57* 900’, 1000 157.07’ r’( OF 5 10774 &x WI1 11 $$;.I 1 \\ \ s 3 J\/l NO “/7’35 % 4 ‘. . I ,I ,. I, M2.59 / * t *‘ b m 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 . - 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/ /I/ /I/ I// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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