Loading...
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. r \ + 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 z0 21 22 23 24 25 26 27 28 / I) * 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 ,I r \I t 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 26 27 28 m e < 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: 1 AYES: NOES: None ABSENT: Council Memb Council Members Lewis, Larson, Stanton, Nygaard - ATTEST : dexX,YA ALETHA L. RAUTENKRANZ, CityJClerk (SEAL) W*E IT - DON’T SAY le AT f r- 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 __I I ’. - a i-..’ :: . m e -1 r' 1 Recording Requested By: 2 City Clerk 3 1200 Carlsbad Village Drive 4 5 6 City of Carlsbad 7 Carlsbad, CA 92008 a Space above for Recorder's Use-- 9 TR 90 17 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 12 13 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"; 18 19 20 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. - w I I !!! E s s E 1 H: COURT PAPER STATE OF CALIIORNIA STD 113 (REV 8.721 85 34769 a 0 .r f 1 2 conditions: 3 This grant is made and accepted upon the following terms and 4 1, This grant is subject to a17 valid and existing contracts, lea 5 6 7 8 9 10 11 l2 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 14 15 GRANTEE shall indemnify, hold harmless, and defend STATE, its 16 17 18 19 20 21 22 I 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' 27 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) I 2 I 85 34769 0 0 .r f 1 2 3 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: 6 7 8 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: 10 11 12 13 14 15 16 17 18 19 20 21 herein granted. 22 I 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 26 --- 27 --- 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 5, COURT PAPER STD 113 IREV 9.721 ; STATC OF CALICOINIA 85 34769 3 I/ f 0 0 .r 1 2 3 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 5 6 7 8 GRANTEE on demand. 9 10 11 12 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. 13 14 7. This agreement shall not, nor shall any interest therein or 15 16 17 18 19 20 21 22 23 I 24 shall in hand have the written approval from STATE for said drawings. 25 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 I I I COURT PAPER STAT= OF CALIFORNIA STO 113 (REV 8-721 1 I 05 N769 I 4 'I !I r 0 e -1 1 2 adopted. 3 4 5 6 7 8 9 10 11 12 13 14 15 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. 16 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICE! BY 23 'j APPROVED 24 , Department of Parks and Recreation 25 I 26 ; BY 27 G-17074 I COURT PAPER STATI OF CALlCORNlA ' ST0 113 (REV 3.721 j 5 'I 85 34769 (I ii r m e .r 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; * . 6 t m e *' 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. 11 G-17074 7 I r 0 September 4, 1992 0 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 I I September 4, 1992 I 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 I c Q) 1 q$ Flu - -4LL &J.iQ!c ci,c 6 - &\ 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. f e @ I 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 .. p W $ P= Q 2 2 0 E a 4 0 z 3 0 0 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. 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 l9 z0 21 22 23 24 25 26 27 28 0 CI, 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 0 0 *<I 1 Recording Requested By: 2 City Clerk 3 1200 Carlsbad Village Drive 4 5 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 12 13 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"; 18 19 20 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. - w 1. IN 5. s s 5. L H: COURT PAPER STAT. OF CALIFORNIA ST0 113 (REV 8-72) 85 34764 'I v 0 0 1 2 conditions: 3 This grant is made and accepted upon the following terms and 4 5 6 7 8 9 lo 11 12 13 STATE, its officers, agents, and employees. 14 15 GRANTEE shall indemnify, hold harmless, and defend STATE, its 16 17 18 19 20 21 22 23 24 25 26 27 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 1. r e @ 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. 6 7 8 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 10 11 12 13 14 15 16 17 18 19 20 21 herein granted. 22 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€ 26 --- 27 --- 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. COURT PAPER S+ATL OI CALIIOINIA STU 113 (REV 9-721 ' 85 24769 3 .k > 0 a 1 2 3 4 5 6 7 g GRANTEE on demand. 9 10 11 12 13 14 7. This agreement shall not, nor shall any interest therein or 15 16 17 18 19 20 21 22 23 24 25 26 I I 27 times comply with all applicable laws and lawful regulations, including .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 I COURT PAPER ST47t Or' CALIPORNIA ST0 113 <Rev 8-721 1 I 85 34769 I 4 1 I h .I I 0 a 1 2 adopted. 3 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. 13 14 15 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. 16 17 GRANTEE STATE OF CALIFORNIA 18 19 CITY OF CARLSBAD DEPARTMENT OF GENERAL SERVIC 20 BY BY 21 BY 22 23 APPROVED 24 , Department of Parks and Recreation 25 1 26 ' BY 27 G-17079 COURT PAPER STATL Or CALICOXNIA STD 113 <REV 9.72) I) I 5 85 34769 ! I L ri t 0 a 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 6 0 0 I *#'I 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 7 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 4 5 6 City of Carlsbad 7 Carlsbad, CA 92008 8 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 11 12 13 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"; 18 AGREEMENT AND GRANT OF EASEMENT 19 - w ILNESSSIH: 20 21 ' 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 I 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. '1 i I COURT PAPER *I :i ./ STATE O? CALIFORNIA STD 113 IREV 8-72) 1 85 34769 r I 1 i 2j 3t 4i !3 6 I i 7 1 8' i 9j lo 1 l1 1 12 1 I-3 1 14 1 l5 ' l6 17 I 18 I.g 2o 21 22 23 24 25 i 26 27 COURT PAPER STATE 01 CALICORNIA STD 113 IREV 8,721 85 34769 !*. 0 e 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 2 * 1 2 3 4 5 6 '!& a 0 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. I 7~ 80 9 4 I.1 I 12 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 15' 16 17 18 l9 I 20 21 22 23 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. 24 25 26 27 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 3 I I @ I 1/ 2 3 4 5 6 71 8 l2 I 9 lo i 'I. j l3 i i 14 I I.5 ' l6 l7 I* ' l9 2o 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA ST0 113 IREV 6.721 m 3789 * 0 {4s 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. --- --- --- ___ --- 4 a e 0 2/ 3i 1 71 4; I 51 I 6 I 81 9~ 10 the date first hereinabove appearing. GRANTEE STATE OF CALIFORNIA CITY OF CARLSBAD DEPARTMENT OF GENERAL SERVICE BY BY BY APPROVED 1 'I I!5 I l6 I l7 ! I€3 I l9 I 22 i 23 I 24 ! 25 I 20 21 26 27 COURT PAPER STATL 01 ULICORNIA ST0 113 (REV 8-72) 85 34769 G- 17074 5 > ' 1 1 I 7 3 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 5, I 6 7' 1 8 g ! I 1 I 10 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; 16 I[ 1 I 17 1 18 i 19 1 20 21 1 22 I 23 1 24 ' 1 25 26 27 I I 1 COURT PAPER 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 6 3' j 4 4,933.00 foot radius curve concave Southwesterly, a radial line to the cen of said curve bears South 62031'07" West; 21' 1 22 1 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 23 I 24' 1 25 [ 26 , 27 ' 1 COURT PAPER 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 7