HomeMy WebLinkAbout1992-09-01; City Council; 11869; APPROVAL OF MAINTENANCE AND OPERATING AGREEMENT AND GRAND OF EASEMENT FROM THE STATE OF CALIFORNIA FOR CARLSBAD BOULEVARD SHORE PROTECTION PROJECT-
AGREEMENT & GRANT OF EASEMENT FROM
AdaBt Resdtltion NO. ?I'd Tf approving a maintenance and operatir agreement and grant of easement from the State of Californiz Department of Parks and Recreation, acting by and through the Stal Director of General Services, to facilitate the future constructic of the Carlsbad Boulevard Shore Protection Project, Projec No. 3307.
ITEM EXPLANATION:
Attached for the City Council's review and approval is maintenance and operating agreement and a grant of easement frc the State of California Department of Parks and Recreation require for the future construction of the Carlsbad Boulevard Shor Protection Project, Project No. 3307. This future project wil construct a seawall, revetments, public and emergency access, E well as a number of other improvements along the west side c Carlsbad Boulevard from the Agua Hedionda Bridge southerly to tk existing SDG&E outlet jetty system. The structure is proposed t be placed on State Parks property immediately west of existing Cit right-of-way along Carlsbad Boulevard.
All project permits and approvals, including those from the City G Carlsbad, the United States Army Corps of Engineers, and th California Coastal Commission have been secured for this project
Staff recommends approval of the maintenance and operatin agreement and grant of easement.
FISCAL IMPACT :
The agreement and grant of easement are offered to the City o Carlsbad at no cost.
EXHIBITS :
1. Resolution No.Yd-dq3 approving a maintenance and operatin agreement and grant of easement.
2. Agreement and grant of easement.
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RESOLUTION NO. 92-273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A
MAINTENANCE AND OPERATING AGREEMENT AND A GRANT OF EASEMENT REGARDING THE PROPOSED
CARLSBAD BOULEVARD SHORE PROTECTION PROJECT
WHEREAS, the City Council of the City of Carlsbac
determined it necessary, desirable, and in the public intere:
enter into a maintenance and operating agreement and gran
easement with the State of California Department of Parks
Recreation, acting by and through the Director of General Serv
to facilitate the future construction of the Carlsbad Boulc
Shore Protection Project; and
WHEREAS, said agreement and grant of easement has hc
been prepared.
NOW, THEREFORE, BE IT RESOLVED by the City Council o
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That a maintenance and operating agreement and I
of easement between the State of California and the Cit
Carlsbad regarding the Carlsbad Boulevard Shore Protection Prl
is hereby approved and the Mayor and City Clerk are authorize
directed to execute said agreement.
3. That the City Clerk of the City of Carlsba
hereby authorized and directed to forward four (4) signed
certified copies of said agreement to: State of Calif1
Department of Parks & Recreation, ‘attention Mr. Carleto
Greenwood, Land Agent, P. 0. Box 942896, Sacramento, Califo
94296-0001. The City Clerk is further authorized to send on
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copy each of said executed agreement to the State of Calif
Department of Parks and Recreation, attention Mr. Bill Fait,
Carlsbad Boulevard, Carlsbad, California, 92008 and the Muni
Projects Department.
4. The City Clerk is further authorized and direct
record this agreement and easement in the office of the San
County Recorder following its execution by the State of Califo
PASSED, APPROVED AND ADOPTED at a regular meeting c
Carlsbad City Council held on the 1st day of SEFTEMBER
by the following vote, to wit:
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AYES:
NOES: None
ABSENT: Council Memb
Council Members Lewis, Larson, Stanton, Nygaard
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ATTEST : dexX,YA ALETHA L. RAUTENKRANZ, CityJClerk
(SEAL)
W*E IT - DON’T SAY le AT f
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Date September 2, 19 9;
To File U Reply Wanted
From Isabelle Paulsen UNO Reply Necessary
Filed is a copy containing the signatures of the Mayor and City Clerk only.
If and when a fully executed original signature copyloriginal is returned to this
office, we will process for recordation.
PRlNTED IN AIGNER FORM NO. 55032
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1 Recording Requested By:
2 City Clerk
3 1200 Carlsbad Village Drive
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6 City of Carlsbad
7 Carlsbad, CA 92008
a Space above for Recorder's Use--
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Ci ty of Car 1 s bad
Carlsbad, CA 92008
When Recorded Mail To:
City Clerk
1200 Carlsbad Village Drive
10 CARLSBAD STATE BEACH
11 AGREEMENT AND GRANT OF EASEMENT
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14 THIS AGREEMENT made and entered into this day 01
15 , 19-, by and between the STATE OF CALIFORNIA, ac
16 by and through the Director of General Services, hereinafter called "STAT
17 and City of Carlsbad, hereinafter called "GRANTEE";
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21 That STATE, pursuant to the provisions of Section 14666 of the
22 Government Code of the State of California, does hereby grant unto GRANTE
23 easement for the construction and maintenance of an approximately
24 2,600-foot-long seawall, together with sidewalks, stairways, ramps, bench
25 waste receptacles, and appurtenant facilities on that certain real proper
26 adjacent to Carlsbad Boulevard in the City of Carlsbad within Carlsbad St
27 Beach as described on Exhibit A attached hereto and made a part hereof.
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COURT PAPER
STATE OF CALIIORNIA
STD 113 (REV 8.721
85 34769
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2 conditions:
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This grant is made and accepted upon the following terms and
4 1, This grant is subject to a17 valid and existing contracts, lea
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13 STATE, its officers, agents, and employees.
licenses, encumbrances, and claims of title which may affect said proper
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 STAT1
including the right to contribution for loss or damage to persons or pro1
arising from, growing out of, or in any way connected with or incident tc
agreement except claims arising from the concurrent or sole negligence o
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15 GRANTEE shall indemnify, hold harmless, and defend STATE, its
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23 In the event STATE is named as codefendant under the provision!
24 the Government Code Section 895 et seq. , GRANTEE shall notify STATE of st
25 fact and shall represent STATE in such legal action unless STATE undertal
26 p represent itself as codefendant in such legal action, in which event STA'
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officers, agents, and employees against any and all claims, demands, dami
costs, expenses, or liability costs arising out of the acquisition,
development, construction, operation, or maintenance of the property desc
herein which claims, demands, or causes of action arise under Government
Section 895.2 or otherwise, except for liability arising out of the conci
or sole negligence of STATE, its officers, agents, or employees.
shall bear its own litigation costs, expenses, and attorney's fees.
COURT PAPER
STATL 01 CALIPORNIA STD I13 [REV 8.72)
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4 a court of competent jurisdiction. Neither party shall request a jury
5 apporti onment.
In the event judgment is entered against STATE and GRANTEE beci
of concurrent negligence of STATE and GRANTEE, their officers, agents, 01
employees, an apportionment of liability to pay such judgment shall be m:
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9 the easement herein granted.
3. STATE expressly reserves the right to the use of said property
any manner, provided such use does not unreasonably interfere with the u:
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21 herein granted.
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23 This agreement and the rights and privileges herein given GRAN'
24 shall terminate in the event that GRANTEE shall fail for a continuous pe
25 of eighteen (18) months to utilize the rights and privileges herein granl
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4. STATE expressly reserves the right to require GRANTEE, at the
expense of STATE to remove and relocate all improvements placed by GRANTE
within the easement upon determination by STATE that said improvements
interfere with the future development of STATE'S property. GRANTEE agre(
that within one hundred eighty (180) days after written notice from STAT1
such determination by STATE and demand for removal and relocation of saic
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
such new location, and GRANTEE thereupon shall reconvey to STATE the easc
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COURT PAPER
STD 113 IREV 9.721 ; STATC OF CALICOINIA
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6. In the event of the termination of this agreement GRANTEE shall
GRANTEE'S own expense, when requested in writing to do so by STATE, remov
property and equipment placed by or for GRANTEE upon the said premises, a
4 restore said premises as nearly as possible to the same state and conditi
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8 GRANTEE on demand.
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they were in prior to the entry of GRANTEE upon said premises; but if GRA
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
Upon termination of the rights herein granted, GRANTEE shall er
and deliver to STATE within thirty (30) days, a good and sufficient qui&
deed to the rights arising hereunder.
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14 7. This agreement shall not, nor shall any interest therein or
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24 shall in hand have the written approval from STATE for said drawings.
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26 I 9. GRANTEE, in the exercise of the rights herein granted, shall a
27 times comply with all applicable laws and lawful regulations, including
thereunder, be assigned, mortgaged, hypothecated, or transferred by GRAN'
whether voluntarily or involuntarily or by operation of law, nor shall GI
1 et or sub1 et, or grant any 1 icenses or permits with respect to the use (
occupancy of the said premises or any portion thereof, without the writtc
consent of STATE being first had and obtained.
8. No less than 60 calendar days prior to the comnencement of any
construction, excepting emergency repairs, pursuant to this easement, GR
shall submit to STATE the working drawings of the proposed improvements
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COURT PAPER
STAT= OF CALIFORNIA STO 113 (REV 8-721 1
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rules and regulations for the State Park System now in effect or hereafte
10. GRANTEE shall assume full and complete responsibility for any a
all repair and maintenance, including graffiti removal, to be performed o
needing to be performed and shall pay for all costs involving both labor
materials incurred while performing either repair and/or maintenance on t
seawall, sidewalks, stairways, ramps, benches, waste receptacles, and
appurtenant facilities. If GRANTEE fails to do so, STATE may, upon givin
GRANTEE thirty (30) days' written notice of its intent to do so, cause sa
repairs and/or maintenance to be done and bill GRANTEE for the incurred
costs. GRANTEE agrees to promptly reimburse STATE for such costs.
IN WITNESS WHEREOF, the parties have executed this instrument ul
the date first hereinabove appearing.
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STATE OF CALIFORNIA
DEPARTMENT OF GENERAL SERVICE!
BY
23 'j APPROVED
24 , Department of Parks and Recreation
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26 ; BY
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COURT PAPER
STATI OF CALlCORNlA ' ST0 113 (REV 3.721 j 5 'I
85 34769 (I ii
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EXHIBIT "A"
That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carl sbad, County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder of said County of Sari IJ~~Q, November 16, 1896, described as follows:
Commencing at Corner No. 1 of said Rancho Agua Hedionda, as shown on record of Survey Map No. 1806, filed April 30, 1948 in the Office of said County Recorder;
Thence along the Northerly line of said Lot "H", South 78000'15'' East, 92.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in width (formerly U.S. Highway 101);
Thence along said centerline as shown on said record of Survey Map No. 1806, South 36050'05" East, 285.30 feet;
Thence leaving said centerline South 53O09'55" West, 50.00 feet to the Southwesterly line of said Carl sbad Boulevard and the True Point of Beginning, said Point of Beginning being the most Northerly corner of Parcel 1 of the lands granted to the State of California per Deed No. 90-009473;
Thence along the Northwesterly line of said Parcel 1, South 53009 '55" West, 57 .OO feet;
Thence South 36050'05" East, 391.75 feet;
Thence North 53009'55" East, 40.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 53°09'55" West;
Thence Southerly along the arc of said curve through a central angle of 04025'33", a distance of 381.05 feet;
Thence South 57035'28" West, 18.00 feet to the beginning of a nontangent 4,915.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 57035'28" West;
Thence Southerly along the arc of said curve through a central angle of 01053'27", a distance of 162.20 feet;
Thence North 59028'55'' East, 18.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 59O28'55" West;
Thence Southerly along the arc of said curve through a central angle of 02007'12", a distance of 182.53 feet;
Thence South 61036'07" West, 8.00 feet to the beginning of a nontangent 4,925.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 61036'07" West;
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Thence Southerly along the arc of said curve through a central angle of
00055'00", a distance of 78.79 feet;
Thence North 62O31'07" East, 8.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 62°31'07'' West;
Thence Southerly along the arc of said curve through a central angle of 02024'31", a distance of 207.37 feet;
Thence South 64O55'38" West, 18.00 feet to the beginning of a nontangent 4,915.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 64055'38" West;
Thence Southerly along the arc of said curve through a central angle of 00024 '47", a distance of 35.43 feet;
Thence tangent to said curve South 24O39'35" East, 133.76 feet;
Thence North 65020'25'' East, 18.00 feet;
Thence South 24039'35'' East, 215.00 feet;
Thence South 65°20'25'' West, 8.00 feet;
Thence South 24039'35'' East, 80.00 feet;
Thence North 65020'25'' East, 8.00 feet;
Thence South 24O39'35" East, 220.00 feet;
Thence South 65O20 '25" West, 18.00 feet;
Thence South 24039 '35" East, 170 .OO feet;
Thence North 65020'25" East, 18.00 feet;
Thence South 24039'35" East, 340.24 feet, to the Southerly line of Parcel 2 as described in said Deed No. 90-009473;
Thence along said Southerly line, North 65020'25'' East, 17.00 feet to a point lying on the Southwesterly line of Carlsbad Boulevard;
Thence along said Southwesterly line North 24039'35'' West, 1,159.00 feet to the beginning of a tangent 4,950.00 foot radius curve concave Southwesterly;
Thence Northerly along the arc of said curve through a central angle of 12010'30", a distance of 1,051.85 feet;
Thence tangent to said curve North 36°50'05'' West, 391.75 feet to the True Point of Beginning.
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September 4, 1992
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State of California
Department of Parks and Recreation
2680 Carlsbad Boulevard
Carlsbad, CA 92008
Attention: Mr. Bill Fait
RE: Maintenance and Operating Agreement with the State of
The Carlsbad City Council, at its meeting of September 1, 1992, adopted Resolution No. 92-273, approving the Maintenance and Operating Agreement and Grant of Easement regarding the Proposed Carlsbad Boulevard Shore Protection Project.
Enclosed is a copy containing City signatures only and a copy of Resolution No. 92-273 for your files.
California, Department of Parks & Recreation
&dy!$ Assistant Ci Clerk CMC
KRK: ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
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September 4, 1992
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Mr. Carleton H. Greenwood
Land Agent
State of California
Department of Parks & Recreation
P. 0. Box 942896
Sacramento,CA 94296-0001
RE: Maintenance and Operating Agreement with the State of
California, Department of Parks & Recreation
The Carlsbad City Council, at its meeting of September 1, 1992,
adopted Resolution No. 92-273, approving the Maintenance and
Operating Agreement and Grant of Easement regarding the Proposed Carlsbad Boulevard Shore Protection Project.
Enclosed are four originals of the agreement and a copy of Resolution No. 92-273 for your files. Please return the original
fully executed agreement to us so that we can proceed to record the
document.
&%f&cMc Assistant City Clerk
KRK:ijp
Enclosures
1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2808
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February 16, 1993
& /ah;s4
TO: CITY AlTORNEY d2't.Lp '"T
&!I FROM: Municipal Projects Manager
SUBJECT: STATE PARKS MAINTENANCE AND OPERATING AGREEMENT
FOR FUTURE SEAWALL CONSTRUCTION
Ron:
On September 1 , 1992, the City Council adopted Resolution No. 92-273 approving an
agreement with the State of California, Department of Parks and Recreation, acting
through the State Department of General Services, granting the City an easement and the
ability to construct a future seawall project between the two (2) SDG&E jetties along the
west side of Carlsbad Boulevard on State property. This agreement was the result of
several months of back and forth negotiations with the State to arrive at a mutually
acceptable agreement which would allow the City to install the seawall when funding
became available.
My recollection of the discussions is that we didn't like all of the provisions in the
agreement required by the State, however, found them not to place the City in an
undefendable position regarding ownership of the project, maintenance responsibilities,
liability, holding the State harmless, etc. We went along with the State's provisions
because we needed the easement and our potential future liability, if any, was not
enlarged as a result of the agreement. Thereafter, the City Clerk had the Mayor sign the
originals of the documents and forwarded same to the State for their processing.
A couple of months later, the State sent us a letter and substitute documents modifying
the terms of the previously approved agreement. The only apparent change the State
is now requesting is on page 2, paragraph 2 regarding the waiver of claims against the
State. They combined three (3) paragraphs in the original agreement into one (1)
paragraph in the new agreement. I met with the City Clerk last week regarding this
situation and Lee and I agree that the language changes are not materially different from
the approved version of the agreement. It appears to be some drafting quirk from the
State in the new agreement to conform with their latest "standard" agreement when
granting easements to other government agencies.
The bottomline is that I would like you to look over the new agreement and indicate if you
think the State's change is material enough to put the matter back on the City Council
agenda for review and approval. Lee indicated to me that if you agreed that the-change
is not material, but rather clerical or technical in nature, she would have no problem
having the Mayor sign the new copies of the agreement without having to draft and
circulate a new agenda bill and place it back on a future Council agenda.
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February 16, 1993
Page 2
I have enclosed copies of all of the relevant materials for your review and are marked as
such. 1 have the originals here in my office. Please let me know your opinion on this
matter. Thanks for your help.
J
Municipal Projects Manager
c: City Clerk (w/o enclosures)
Community Development Director
Pat Entezari, Associate Civil Engineer
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j' /.! C") OF CARLSBAD - AG$t 1 BILL -
AB# j(Pb9 TITLE: APPROVAL OF MAINTENANCE c OPERATING DEPT. '
CITY A
BOULEVARD SHORE PROTECTION PROJECT CITY M DEPT.
RECOMMENDED ACTION:
MTG. 9/01/92 AGREEMENT & GRANT OF EASEMENT FROM THE STATE OF CALIFORNIA FOR CARLSBAD ENG
Adopt Resolution No , 72 -2 73 approving a maintenance and operati
agreement and grant of easement from the State of Californi
Department of Parks and Recreation, acting by and through the Sta
Director of General Services, to facilitate the future constructi
of the Carlsbad Boulevard Shore Protection Project, Projc
No. 3307.
ITEM EXPLANATION:
Attached for the City Councills review and approval is
maintenance and operating agreement and a grant of easement fi
the State of California Department of Parks and Recreation requii for the future construction of the Carlsbad Boulevard Shc Protection Project, Project No. 3307. This future project w: construct a seawall, revetments, public and emergency access,
well as a number of other improvements along the west side
Carlsbad Boulevard from the Aqua Hedionda Bridge southerly to 1
existing SDG&E outlet jetty system. The structure is proposed
be placed on State Parks property immediately west of existing C: right-of-way along Carlsbad Boulevard.
All project permits and approvals, including those from the City
Carlsbad, the United States Army Corps of Engineers, and 1
California Coastal Commission have been secured for this projec
Sta>f recommends approval of the maintenance and operat
agreement and grant of easement.
FISCAL IMPACT:
The agreement and grant of easement are offered to the City
Carlsbad at no cost.
EXHIBITS:
1. Resolution No. 9$?-.2513 approving a maintenance and operat
agreement and grant of easement.
2, Agreement and grant of easement.
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RESOLUTION NO. 92-273
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING A MAINTENANCE AND OPERATING AGREEMENT AND A GRANT OF EASEMENT REGARDING THE PROPOSED
CARLSBAD BOULEVARD SHORE PROTECTION PROJECT
WHEREAS, the City Council of the City of Carlsi
determined it necessary, desirable, and in the public inte
enter into a maintenance and operating agreement and gz
easement With the State of California Department of Pax
Recreation, acting by and through the Director of General Se
to facilitate the future construction of the Carlsbad Bo
Shore Protection Project; and
WHEREAS, said agreement and grant of easement has
been prepared,
NOW, THEREFORE, BE IT RESOLVED by the City Council
city of Carlsbad, California, as follows:
1. That the above recitations are true and cor
2. That a maintenance and operating agreement ar
of easement between the State of California and the C
Carlsbad regarding the Carlsbad Boulevard Shore Protection
is hereby approved and the Mayor and City Clerk are authori
directed to execute said agreement,
3. That the City Clerk of the City of Carl:
hereby authorized and directed to forward four (4) sigi
certified copies of said agreement to: State of Cal
Department of Parks & Recreation, attention Mr. Carl€
Greenwood, Land Agent, P. 0. Box 942896, Sacramento, Cali
94296-0001. The City Clerk is further authorized to send
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1 Recording Requested By:
2 City Clerk
3 1200 Carlsbad Village Drive
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6 City of Carlsbad
7 Carlsbad, CA 92008
a Space above for Recorder's Use-
9 TR 90 1'
Ci ty of Carl sbad
Carlsbad, CA 92008
When Recorded Mail To:
City Clerk
1200 Carlsbad Village Drive
10 CARLSBAD STATE BEACH
11 AGREEMENT AND GRANT OF EASEMENT
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14 THIS AGREEMENT made and entered into this day o
15 , 19-, by and between the STATE OF CALIFORNIA, ac
16 by and through the Director of General Services, hereinafter called "STAT
17 and City of Carlsbad, hereinafter called "GRANTEE";
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21 That STATE, pursuant to the provisions of Section 14666 of the
22 Government Code of the State of California, does hereby grant unto GRANT!
23 easement for the construction and maintenance of an approximately
24 2,600-foot-long seawall, together with sidewalks, stairways, ramps, benct
25 waste receptacles, and appurtenant facilities on that certain real propel
26 adjacent to Carlsbad Boulevard in the City of Carlsbad within Carlsbad Si
27 Beach as described on Exhibit A attached hereto and made a part hereof.
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COURT PAPER STAT. OF CALIFORNIA ST0 113 (REV 8-72)
85 34764
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2 conditions:
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This grant is made and accepted upon the following terms and
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13 STATE, its officers, agents, and employees.
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15 GRANTEE shall indemnify, hold harmless, and defend STATE, its
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le This grant is subject to all valid and existing contracts, lea
licenses, encumbrances, and claims of title which may affect said proper
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 STATf
including the right to contribution for loss or damage to persons or pro1
arising from, growing out of, or in any way connected with or incident tc
agreement except claims arising from the concurrent or sole negligence 01
officers, agents, and employees against any and all claims, demands, dama
costs, expenses, or liability costs arising out of the acquisition,
development, construction, operation, or maintenance of the property desc
herein which claims, demands, or causes of action arise under Government
Section 895.2 or otherwise, except for liability arising out of the conci
or sole negligence of STATE, its officers, agents, or employees.
In the event STATE is named as codefendant under the provisions
the Government Code Section 895 et seq., GRANTEE shall notify STATE of su
fact and shall represent STATE in such legal action unless STATE undertak
represent itself as codefendant in such legal action, in which event STAT
shall bear its own litigation costs, expenses, and attorney's fees.
COURT PAPER
STD 113 (REV 8-72) STATE Or CALIFORNIA
85 24769 2
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1 In the event judgment is entered against STATE and GRANTEE beca
2 of concurrent negligence of STATE and GRANTEE, their officers, agents, or
3 employees, an apportionment of liability to pay such judgment shall be ma
4 a court of competent jurisdiction. Neither party shall request a jury
5 apportionment.
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9 the easement herein granted.
3. STATE expressly reserves the right to the use of said property
any manner, provided such use does not unreasonably interfere with the us
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21 herein granted.
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23 This agreement and the rights and privileges herein given GRANT1
24 shall terminate in the event that GRANTEE shall fail for a continuous per'
25' of eighteen (18) months to utflize the rights and privileges herein grant€
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4. STATE expressly reserves the right to require GRANTEE, at the
expense of STATE to remove and relocate all improvements placed by GRANTE
within the easement upon determination by SThTE that said improvements
interfere with the future development of STATE'S property. GRANTEE agree
that within one hundred eighty (180) days after written notice from STATE
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
such new location, and GRANTEE thereupon shall reconvey to STATE the easa
5.
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S+ATL OI CALIIOINIA STU 113 (REV 9-721 '
85 24769 3
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g GRANTEE on demand.
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.6. In the event of the termination of this agreement GRANTEE shal'
GRANTEE'S own expense, when requested in writing to do so by STATE, remol
property and equipnent placed by or for GRANTEE upon the said premises, l
restore said premises as nearly as possible to the same state and condit
they were in prior to the entry of GRANTEE upon said premises; but if GR,
shall fail so t6 do within sixty (60) days after the aforesaid request il
given, STATE may do so, all at the cost and expense of GRANTEE to be pai
Upofl termination of the rights herein granted, GRANTEE shall e
and deliver to STATE within thirty (30) days, a good and sufficient quit
deed to the rights arising hereunder.
thereunder, be assigned, mortgaged, hypothecated, or transferred by GRAI
whether voluntarily or involuntarily or by operation of law, nor shall (
let or sublet, or grant any licenses or permits with respect to the use
occupancy of the said premises or any portion thereof, without the writ
consent of STATE being first had and obtained.
8. No less than 60 calendar days prior to the comnencement of an:
construction, excepting emergency repairs, pursuant to thi s easement, GI
shall submft to STATE the working drawings of the proposed improvements
shall in hand have the written approval from STATE for said drawings.
I I 9. GRANTEE, in the exercise of the rights herein granted, shall
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ST47t Or' CALIPORNIA ST0 113 <Rev 8-721 1
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4 10. GRANTEE shall assume full and complete responsibility for any a
5 a:l repair and maintenance, including graffiti removal, to be performed o
6 needing to be performed and shall pay for all costs involving both labor
7 materials incurred while performing either repair and/or maintenance on i
8 seawall, sidewalks, stairways, ramps, benches, waste receptacles, and
9 appurtenant .facilities. If GRANTEE fail s to do so, STATE may, upon givii
10 GRANTEE thirty (30) days' written notice of its intent to do so, cause si
11 repairs and/or maintenance to be done and bill GRANTEE for the incurred
12 costs.
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rules and regulations for the State Park System now in effect or hereafte
GRANTEE agrees to promptly reimburse STATE for such costs.
IN WITNESS WHEREOF, the parties have executed this instrument I
the date first hereinabove appearing.
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17 GRANTEE STATE OF CALIFORNIA
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CITY OF CARLSBAD DEPARTMENT OF GENERAL SERVIC
20 BY BY
21 BY
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23 APPROVED
24 , Department of Parks and Recreation
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COURT PAPER STATL Or CALICOXNIA STD 113 <REV 9.72) I)
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EXHIBIT "A"
That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carl sbad, County of San Diego, State of California, according to map thereof No. 823, filed in the Office of the County Recorder of said County of San Diego, November 16, 1896, described as follows:
Commencing at Corner NO. 1 of said Rancho Agua Hedionda, as shown on record of
Recorder;
Thence along the Northerly line of said Lot "H", South 78000'15" East,
32.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in
width (formerly U.S. Highway 101);
Thence along said centerline as shown on said record of Survey Map No. 1806, South 36050'05'' East, 285.30 feet;
Thence leaving said centerline South 53°09'55" West, 50.00 feet to the Southwesterly line of said Carlsbad Boulevard and the True Point of Beginning, said Point of Beginning being the most Northerly corner of Parcel 1 of th e lands granted to the State of California per Deed No. 90-009473;
Thence along the Northwesterly line of said Parcel 1, South 53009'55" West, 57.00 feet;
Thence South 36050'05" East, 391.75 feet;
Thence North 53O09'55" East, 40.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 53O09'55" West;
Thence Southerly along the arc of said curve through a central angle of 04°25'33", a distance of 381.05 feet;
Thence South 57035'28" West, 18.00 feet to the beginning of a nontangent 4,915.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 57035'28" West;
Thence Southerly along the arc of said curve through a central angle of 01053'27", a distance of 162.20 feet;
Thence North 59°28'55" East, 18.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 59028'55" West;
Thence Southerly along the arc of said curve through a central angle of 02007'12", a distance of 182.53 feet;
Thence South 61°36'07" West, 8.00 feet to the beginning of a nontangent 4,925.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 61036'07" West;
Survey Map No, 1806, fi7ed April 30, 1948 in the Office of said County
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Thence Southerly along the arc of said curve through a central angle of
00055'00", a distance of 78.79 feet;
Thence North 62031'07'' East, 8.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 62°31'07" West;
Thence Southerly along the arc of said curve through a central angle of
Thence South 64O55'38" West, 18.00 feet to the beginning of a nontangent 4,915.00 foot radius curve concave Southwesterly, a radial line to the center of said curve bears South 64O55'38" West;
Thence Southerly along the arc of said curve through a central angle of 00024'47", a distance of 35.43 feet;
Thence tangent to said curve South 24O39'35" East, 133.76 feet;
Thence North 65020'25" East, 18.00 feet;
Thence South 24039 '35" East, 215 .OO feet;
Thence South 65°20'25" West, 8.00 feet;
Thence South 24039'35" East, 80.00 feet;
Thence North 65°20'25" East, 8.00 feet;
Thence South 24O39'35" East, 220.00 feet;
Thence South 65°20'25" West, 18.00 feet;
Thence South 24039'35" East, 170.00 feet;
Thence North 65O20'25" East, 18.00 feet;
Thence South 24039'35" East, 340.24 feet, to the Southerly line of Parcel 2 as described in said Deed No. 90-009473;.
Thence along said Southerly line, North 65020'25" East, 17.00 feet to a point lying on the Southwesterly line of Carl sbad Boulevard;
Thence along said Southwesterly line North 24039'35" West, 1,159.00 feet to the beginning of a tangent 4,950.00 foot radius curve concave Southwesterly;
Thence Northerly along the arc of said curve through a central angle of 12010'30", a distance of 1,051 -85 feet;
Thence tangent to said curve North 36°50'05" West, 391.75 feet to the True Point of Beginning.
02024'31", d distance of 207.37 feet:
G-17074
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PETE WlLSC
0 0 . rl! k
STATE OF CALIFORNIA - RESOURCES AGENCY ‘ DEPARTMENT OF PARKS AND RECREATION PO BOX942896
SACRAMENTO 942964001
(916) 653-9929
Cctober 20, 1992
Mr. Jahn J. Cahill, Municipal Project Manager
City of Carlsbad
2075 Ias Palmas Drive
Carlsbad, California 92009-1519
Attention:
ear Mr. Cahill:
Mr. Pat Entezari, Project Manager
In reviewing the document the City of Carlsbad signed titled ITarlsbad St Beach, Agreement Grant of Easementll, I discovered a problem when the document in the process of being reviewed and changed.
It appears that in my May 12, 1992 cover letter the %nclosed original an
three copies reflecting the address change on page one” was inadvertmtly attached to an agreement that was outdated. The reason the document is mtdat
is paragraph two on page two, which was previously changed to reflect the Department of General Services requirement to use their hold harmless statmen
Enclosed are the original and three conformed documents that the State wo
like the City of Carlsbad to sign. the returned City signed document is paragraph two.
Claude A Lewis, and Aletha L. Rautenkranz, City Clerk, and returned to me for State’s approval.
The only difference between this document
I will need the original and two conformed copies signed by your Mayor,
I will maintain and attach the Certificate of Acknowledgement for the May
and City Clerk when the documents are retuned to me.
certified true copy of Resolution No. 92-273 I have in my possession.
telephone number.
I will also attach the
If you have any questions on this matter, please contact me at the above
Sincerely, &2v 7-L Q@d” 4
Carleton H. Greenwod
Land Agent
EnClOSUreS
cc: WilliamV. Fait District Superintendent
La Costa Districk
0 a = rft
1 Recording Requested By:
2 City Clerk
3 1200 Carlsbad Village Drive
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6 City of Carlsbad
7 Carlsbad, CA 92008
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Ci ty of Carl sbad
Carlsbad, CA 92008
When Recorded Mail To:
City Clerk
1200 Carlsbad Village Drive
Space above for Recorder's Use---
9 TR 90 li
10 CARLSBAD STATE BEACH
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14 THIS AGREEMENT made and entered into this __ day of
15 , 19-, by and between the STATE OF CALIFORNIA, act
16 by and through the Director of General Services, hereinafter called "STATE
17 and City of Carlsbad, hereinafter called "GRANTEE";
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AGREEMENT AND GRANT OF EASEMENT
19 - w ILNESSSIH:
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22 Government Code of the State of California, does hereby grant unto GRANTEE
23, easement for the construction and maintenance of an approximately
That STATE, pursuant to the provisions of Section 14666 of the
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24 I 2,600-foot-long seawall, together with sidewalks, stairways, ramps, benche
I , 25 waste receptacles, and appurtenant facilities on that certain real propert.
26, adjacent to Carlsbad Boulevard in the City of Carlsbad within Carlsbad Sta
27 i Beach as described on Exhibit A attached hereto and made a part hereof.
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STATE O? CALIFORNIA STD 113 IREV 8-72) 1
85 34769
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COURT PAPER STATE 01 CALICORNIA STD 113 IREV 8,721
85 34769
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This grant is made and accepted upon the following terms and
conditions:
1% This grant Is subject to all valld and exlsting contracts, lease
licenses, encumbrances, and claims of title which may affect sald property
the use of the word "grant" herein shall not be construed as a covenant
against the existence of any thereof.
2. GRANTEE waives all claims against State, its officers, agents, a
employees, for loss or damage caused by, arising out of, dr in any way
connected with the exercise of this Easement, and Grantee agrees to save
harmless, indemnify, and defend State, its officers, agents, and employees
from any and all loss, damage, or liability which may be suffered or incur
by State, its officers, agents, and employees caused by, arising out of, o
any way connected with exercise by Grantee of the rights hereby granted,
except those arising out of the sole negligence of State.
3. STATE expressly reserves the right to the use of said property if
any manner, provided such use does not unreasonably interfere with the use
the easement herein granted.
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 sald Improvements
interfere with the future development of STATE'S property. GRANTEE agrees
that within one hundred eighty (180) days after written notice from STATE o
such determination by STATE and demand for removal and relocation of sald
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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
such new location, and GRANTEE thereupon shall reconvey to STATE the easel
herei n granted.
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5. This agreement and the rights and privileges herein given GRANT1
shall terminate in the event that GRANTEE shall fail for a continuous per.
of eighteen (18) months to utilize the rights and privileges herein grant(
6. In the event of the termination of this agreement GRANTEE shall
' GRANTEE'S own expense, when requested in writing to do so by STATE, removf
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they were in prior to the entry of GRANTEE upon said premises; but if GRAf
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
GRANTEE on demand.
Upon termination of the rights herein granted, GRANTEE shall ext
and deliver to STATE within thirty (30) days, a good and sufficient quitc'
deed to the rights arlslng hereunder.
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COURT PAPER STATE OF CALlrORNlA ST0 113 (REV 8.721
85 34769
7. This agreement shall not, nor shall any interest therein or
thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANT1
whether voluntarily or involuntarily or by operation of law, nor shall GRI
let or sublet, or grant any licenses or permits with respect to the use ai
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COURT PAPER STATE OF CALIFORNIA ST0 113 IREV 6.721
m 3789
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occupancy of the said premises or any portion thereof, without the written
consent of STATE being first had and obtained.
8. No less than 60 calendar days prior to the commencement of any
construction, excepting emergency repairs, pursuant to thi s easement, GRAN
shall submit to STATE the working drawings of the proposed improvements an
shall in hand have the written approval from STATE for said drawings.
9. GRANTEE, in the exercise of the rights herein granted, shall at
times comply with all applicable laws and lawful regulations, including SL
rules and regulations for the State Park System now in effect or hereafter
adopted-
10. GRANTEE shall assume full and complete responsibillty for any ar
a1 1 repair and maintenance, including graffiti removal, to be performed or
needing to be performed and shall pay for all costs involving both labor a
materi a1 s incurred whi le performing either repai r and/or mal ntenance on tt
seawall , sidewalks , stairways , ramps, benches, waste receptacles, and
appurtenant facilities. If GRANTEE fails to do so, STATE may, upon givin(
GRANTEE thirty (30) days' written notice of its intent to do so, cause Sai
repairs and/or maintenance to be done and bill GRANTEE for the incurred
costs. GRANTEE agrees to promptly reimburse STATE for such costs.
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the date first hereinabove appearing.
GRANTEE STATE OF CALIFORNIA
CITY OF CARLSBAD DEPARTMENT OF GENERAL SERVICE
BY BY
BY
APPROVED 1
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COURT PAPER
STATL 01 ULICORNIA ST0 113 (REV 8-72)
85 34769
G- 17074
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e 0 1" EXH I B I T "A 'I
That portion of Lot "HI' of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to map thereof No. 82: 1 4 l
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filed in the Office of the County Recorder of said County of San Diego, November 16, 1896, described as follows:
Commencing at Corner No. 1 of said Rancho Agua Hedionda, as shown on recor Survey Map No. 1806, filed April 30, 1948 in the Office of said County Recorder;
Thence along the Northerly line of said Lot "Htl, South 78000'1511 East, 92.06 feet to a point on the centerline of Carlsbad Boulevard, 100 feet in width (formerly U.S. Highway 101);
Thence along said centerline as shown on said record of Survey Map No. 18C South 36050'05" East, 285.30 feet;
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STO 113 (Rev 8.721
65 34769
STATL OF CALIFORNIA
Thence North 53009'55" East, 40.00 feet to the beginning of a nontangent
of said curve bears South 53009'55" West;
Thence Southerly along the arc of said curve through a central angle of 04025'33", a distance of 381.05 feet;
Thence South 57035'28" West, 18.00 feet to the beginning of a nontangent 4,915.00 foot radius curve concave Southwesterly, a radial line to the cenl
of said curve bears South 57035'28" West;
Thence Southerly along the arc of said curve through a central angle of 01053'27", a distance of 162.20 feet;
Thence North 59028'55" East, 18.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial lfne to the cent of said curve bears South 59028'55" West;
Thence Southerly along the arc of said curve through a central angle of 02007'12", a distance of 182.53 feet;
Thence South 61036'07'' West, 8.00 feet to the beginning of a nontangent
4,925.00 foot radius curve concave Southwesterly, a radial line to the centc of said curve bears South 61036'07" West;
4,933.00 foot radius curve concave Southwesterly, a radial line to the cent
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4,933.00 foot radius curve concave Southwesterly, a radial line to the cen
of said curve bears South 62031'07" West;
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Thence along said Southerly line, North 65020'25" East, 17.00 feet to a
point lying on the Southwesterly line of Carlsbad Boulevard;
Thence along said Southwesterly line North 24039'35" West, 1,159.00 feet
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STD 113 IREV 8-72)
STATC 01 ULlFORNIA I a5 wm
the beginning of a tangent 4,950.00 foot radius curve concave Southwester
Thence Northerly along the arc of said curve through a central angle of
12010'30", a distance of 1,051.85 feet;
Thence tangent to said curve North 36050'05" West, 391.75 feet to the Tru
Point of Beginning.
G-1707Q
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