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HomeMy WebLinkAbout1993-04-06; City Council; 12138; AGREEMENT WITH STATE PARKS REGARDING EASEMENT FOR FUTURE SEAWALL CONSTRUCTION1 *; *. -. 3 *A 5 E an & a .. Z 0 F 0 a s 2 = 8 CWF CARLSBAD - AGENW ILL 35;- 4- - & AB## la! r3Ss TITLE: AGREEMENT WITH STATE PARKS DEPT. I MTG. v*bR7'3 REGARDING EASEMENT FOR FUTURE CITY A DEPT. CD SEAWALL CONSTRUCTION CITY M RECOMMENDED ACTION: ADOPT Resolution No. 93- 13 approving a maintenance and operating agreement i of easement from the State of California, Department of Parks and Recreation, actin! through the State of California, Department of General Services, to facilitate th construction of the Carlsbad Boulevard Shore Protection Project, Project No. 3307. ITEM EXPLANATION On September 1, 1992, the City Council adopted Resolution No. 92-273 approving an a$ with the State of California, Department of Parks and Recreation, acting through the California, Department of General Services, granting the City of Carlsbad an easement for the future construction of the Carlsbad Boulevard Shore Protection Project. -. agreement was the result of several months of negotiations between the City and tl concerning several contentious issues contained within the terms of the State's dral agreement. This future project will install a seawall along the west side of Carlsbad B between the two (2) SDG&E jetties as a method of permanently protecting the highw damaging winter storms. The location of the seawall structure is on State owned paralleling City property necessitating this maintenance and operating agreement and easement from the State to the City. Even though the State of California, Department of General Services drafted the final ag which was subsequently reviewed and approved by the City Council last September, the I now requested language changes in one section of the agreement regarding the in provisions. The modified language involves the issues of the burden of proof for est: indemnity and the State's reservation of the right to use the easement itself in a mar inconsistent with the City's use. The City Attorney's office has reviewed the proposed Ii changes in this particular provision of the agreement, and along with Community Deve Department staff, recommends its approval. Both Community Development Department staff and the City Attorney's Office wish to F one conflicting provision in the agreement, the terms of which the State has insisted remi final version. Section 4 of the agreement reserves the State's right to require the Cit\. State's expense, to relocate the facility on other State property if the State later determ City facility interferes with the State's future development and use of the property up0 the seawall is located. However, Section 6 of the agreement requires that, in the E termination of the agreement, the City shall remove the complete facility at the expense of and restore the property to the same condition it was prior to the facility's construction. to do so within sixty (60) days of receipt of written notice by the City shall give the State I to accomplish the removal of the facility itself at City expense. After lengthy conversatic State representatives, the State insists this language remain in the agreement. Both the City Attorney's Office and Community Development Department staff have COI at length this apparent conflicting language in the agreement and its potential risk to the has been determined that although it is theoretically possible for the State to termin agreement, presumably for good cause, and direct the City to remove the seawall facilitb expense, the very practical and highly probable situation is that the State will never invc I 1.. h m e .* Page Two of Agenda Bill No. j a L ‘ 3 % provision of the agreement. The project is located in an area in which there is the er remote possibility of potential for conflicting State use of the property sufficient to termination of the agreement and removal of the seawall. There is little practical likelihc situation arising in the future which would warrant the imposition of this provision agreement. Approving the State agreement, securing the State easement, fulfilling the conditions 0% project permits, and constructing the seawall in this particular location are essential forth development of the project. Therefore, both the City Attorney’s Office and the Con Development Department staff recommend approval of this agreement. This project has received all agency permits and approvals, design is complete, and is rc advertisement of construction bids as soon as a funding source can be established. The City Council need not take any specific action to void or disapprove the previous dra agreement. The State’s failure to execute the previous draft and substitution of it VI modified version will act to void the previous draft of the agreement. FISCAL IMPACT The agreement and grant of easement are offered to the City of Carlsbad at no cost. EXHIBITS 1. Resolution No. 93-q 3 of easement. Agreement and grant of easement. approving a maintenance and operating agreement and 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rn m RESOLUTION NO. 93-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR CALIFORNIA, APPROVING A MAINTENANCE AND OPERATING AGRE AND A GRANT OF EASEMENT REGARDING THE PROPOSED CAF BOULEVARD SHORE PROTECTION PROJECT. WHEREAS, the City Council of the City of Carlsbad has determined it ne( desirable, and in the public interest to enter into a maintenance and 01 agreement and grant of easement with the State of California Department of P: Recreation, acting by and through the Director of General Services, to facili future construction of the Carlsbad Boulevard Shore Protection Project; and WHEREAS, said agreement and grant of easement has hereby been prc NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C California, as follows: 1. 2. That the above recitations are true and correct. That a maintenance and operating agreement and grant of e( between the State of California and the City of Carlsbad regarding the ( Boulevard shore protection Project is hereby approved and the Mayor and City ( authorized and directed to execute said agreement. 3. That this City Council action supersedes the prior September action of agreement approval. ,... *... .... .... -"* '-. 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CI rn 4. That the City Clerk of the City of Carlsbad is hereby author directed to forward four (4) signed and certified copies of said agreement to: California Department of Parks and Recreation, attention Mr. Carleton H. Gre Land Agent, P. 0. Box 942896, Sacramento, California, 94296-0001, The C is further authorized to send one (1 ) copy each of said executed agreement to q of California Department of Parks and Recreation, 2680 Carlsbad Boulevard, ( California, 92008 and the Community Development Department. 5. The City Clerk is further authorized and directed to record this a! and easement in the office of the San Diego County Recorder following its z by the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carls Council held on the 6th day of APRIL , 1993, by the follow to wit: AYES: Council Members Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: Council Member Lewis ATTEST: - ALETHA L. RAUTENKRANZ, City Clerk) (SEAL) 2. 1 * July 27, 1993 Carleton H. Greenwood, Land Agent Department of Parks & Recreation State of Cal i forni a P.O. Box 942896 Sacramento, CA 942896-0001 RE: AGREEMENT AND GRANT OF EASEMENT FOR CARLSBAD STATE BEACH Enclosed for your records is a copy of the recorded Agreement and Grant of Easement for the construction and maintenance of a seawall and appurtenant structures at Carlsbad State Beach. Xdb Assistant City Clerk Enc. c: Pat Entezari, Eng. Dept. < 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-2802 I I I e QC # 1973-04161 30-JUW-1993 09: 2 City Clerk SAN DIEM COUNTY RECORDER'S OF 3 1200 Carlsbad Village Drive 4 5 6 City of Carlsbad 1 '. -7 Recordlng Requested By: OFFICIAL RECORDS Ci ty of Carl sbad AHKTTE EVANS 9 COUHTY RECORD FEES: 1036 Carlsbad, CA 92008 When Recorded Mail To: /* City Clerk 1 --. I I' ? 1200 Carlsbad Village Drive I 7 Carlsbad, CA 92008 \f 8 __ Space above for Recorder's Use-- 9 TR 90 1' 10 1 CARLSBAD STATE BEACH 11 j AGREEMENT AND GRANT OF EASEMENT I THIS AGREEMENT made and entered into this 8th __ day o APRIL , 19-93, by and between the STATE OF CALIFORNIA, ac through the Director of General Services, hereinafter called "STAT ty of Carlsbad, hereinafter called "GRANTEE"; - w LLNESSEIH: 21 ~ That STATE, pursuant to the provisions of Section 14666 of the 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 I Beach as described on Exhibit A attached hereto and made a part hereof. I < I I COURT PAPER STAT= OF CALIFORNIA ST0 113 (REV 6-72) I 85 34769 1 22 ' 4. STATE expressly reserves the right to require GRANTEE, at the I 11 I 1 6. In the event of the termination of this agreement GRANTEE shall I 151 they were in prior to the entry of GRANTEE upon said premises; but if GRA 18 1 GRANTEE on demand. I 21 22 and deliver to STATE within thirty (30) days, a good and sufficient quitc deed to the rights arising hereunder. I 25 I 261 , I thereunder, be assigned, mortgaged, hypothecated, or transferred by GRANl whether voluntarily or involuntarily or by operation of law, nor shall GI I COURTPAPER i sTD 113 (REV 8.72) I 85 34769 STATE OF CALIFORNIA 1 i 3 '~ // I ; I/ I I 2 3 4 5 6 7 8 9 lo I-1 12 13 14 l5 l6 l7 l8 l9 2o 21 22 23 24 25 26 27 COURT PAPER STATE OF CALIFORNIA ST0 113 (REV 8.72) 85 341a .e e 1.03 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 commencement of any construction, excepting emergency repairs, pursuant to this easement, GR, shall submit to STATE the working drawings of the proposed improvements i shall in hand have the written approval from STATE for said drawings. 9. GRANTEE, in the exercise of the rights herein granted, shall a times comply with all applicable laws and lawful regulations, including rules and regulations for the State Park System now in effect or hereafti adopted. 10. GRANTEE shall assume full and complete responsibility for any i a1 1 repair and maintenance, including graffiti removal , to be performed ( needing to be performed and shall pay for all costs involving both labor materials incurred while performing either repair and/or maintenance on 1 seawall, sidewalks, stairways, ramps, benches, waste receptacles, and appurtenant facilities. If GRANTEE fails to do so, STATE may, upon givir 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. ___ ___ ___ ___ ___ 4 I1 Z! 3 4 51 IN WITNESS MHEREOF, the parties have executed this instrument 1 the date first hereinabove appearing. GRANTEE STATE OF CALIFORNIA CITY OF CARLSBAD DEPARTMENT OF GENERAL SERVICE 9 10 11 12 13 14 15 16 17 18 X?&/? S;&-b 1 kS’[< - Aletha Rautenkranz, City Clerk \ APPROVED Department‘of Parks and Recre BY .--1- - Though statute does not require the h invaluable to persons relying on the doc Cbunty of Sacramento fill in the data below, doing so ma 0 CORPORATE OFFICER(S) Donald W. Murphy TITLE(S) personally appeared NAME(S) OF SIGNER(S) a personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) idare capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. SIGNER IS REPRESENTIN( NAME OF PERSON(S) OR ENTITY(IE5) 0 PTI 0 N AL S ECTlO N DATE OF DOCUMENT Apri1 8 * 1 993 NUMBER OF PAGES 7 C,r_h,CO,C, AT~.(FR THAN NAMF%BOVE Though the data requested here is not required by law. STATE OF CALIFORNIA COUNTY OF SACRAMENTO ] ss. On , 19 - 93 , before me, O.B. Ray 111, a Notary Public personally appeared F- Warren Caldwell, Senior Real Estate Officer. office of Real b& & k personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/th authorized capacity(ies), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon beh of which the person(s) acted, executed the instrument. June 15 .. NOTARY PUBLIC IN AND FOR THEiTATE OF CALIFORNI - -_ .- 6 -- - .. . .1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 URT PAPER D 113 (REV. 8.72) *TE OF CALIFORNIA 34769 SO42 * EXH I B I T "A" e That portion of Lot "H" of Rancho Agua Hedionda, in the City of Carlsbad, 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 Sail Diego, November 16, 1896, described as follows: Commencing at Corner No. 1 of said Rancho Agua Hedionda, as shown on record Survey Map No. 1806, filed April 30, 1948 in the Office of said County Recorder; Thence along the Northerly line of said Lot I'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 3G050'05" East, 285.30 feet; Thence leaving said centerline South 53O09'55" West, 50.00 feet to the Southwesterly line of said Carlsbad Boulevard and the True Point of Beainnin sald 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, 57.00 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 centei 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 centei of said curve bears South 57O35'28" West; Thence Southerly along the arc of said curve through a central angle of 01053'27", a distance of 162.20 feet; Thence North 59028i55'1 East, 18.00 feet to the beginning of a nontangent 4,933.00 foot radius curve concave Southwesterly, a radial line to the centei 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 center of said curve bears South 61O36'07" West; 6 1043 Karen R. Kundtz, Notary Public, Couhy of-Snn DiePo On April 13, 1993 before me, DATE NAME, TITLE OF OFFICER. E G . ‘JANE DOE, NOTARY PUBLIC‘ personally appeared Margaret Stanton & Aletha L. Rautenkranz r NAME(S1 OF SIGNER(S) t personaiiy known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(s) whose narne(s) Mare subscribed to the within instrument and ac- knowledged to me thatke&e/they executed the same in -hW-tw/their authorized capacity(ies), and that by Wb/their signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. CAPACITY CLAIMED BY : 0 INDIVIDUAL(S) CORPORATE -- OFFICER(S) 0 PARTNER(S) TITLE(S) c] ATTORNEY-IN-FACT 0 TRUSTEE(S) SUBSCRlBlNG WlTNESS moTHER:da- and City Clerk SIGNER IS REPRESENTIN( City of Carlsbad GUARDIAN/CONSERVATOF NAME OF PERSON(S) OR ENTITY(IES) -. . 2 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 . 25 26 27 COURT PAPER STATE OF CALIFORNIA ST0 113 (REV 8.72) a5 34769 e 0 .10 4 4 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 cenl of said curve bears South 62031'07" West; Thence Southerly along the arc of said curve through a central angle of 02°24'31'', a distance of 207.37 feet; Thence South 64055'38" West, 18.00 feet to the beginning of a nontangent 4,915.00 foot radius curve concave Southwesterly, a radial line to the cen of said curve bears South 64055'38" West; Thence Southerly along the arc of said curve through a central anyle of 00024'47", a distance of 35.43 feet; Thence tangent to said curve South 24039'35" East, 133.76 feet; Thence North 65020'25'' East, 18.00 feet; Thence South 24039'35'' East, 215.00 feet; Thence South 65020'25" West, 8.00 feet; ' Thence South 24039'35" East, 80.00 feet; Thence North 65020'25" East, 8.00 feet; Thence South 24039'35'' East, 220.00 feet; Thence South 65020'25" West, 18.00 feet; Thence South 24039'35" East, 170.00 feet; Thence North 65020'25" East, 18.00 feet; Thence South 24039'35'' East, 340.24 feet, to the Southerly line of Parcel 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 t the beginning of a tangent 4,950.00 foot radius curve concave Southwester1 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 True Point of Beginning. G-l707Q 7 \ IO45 'I) 0 <. ,. '" b. .* . . . ,' CERTIFICATION FOR ACCEPTANCE OF EAS EI4ElIT This is to certify that the interest in real property . conveyed by. the ea5 eliie n t dated April 8, 1993 fro111 to the City oE Carlsbad, California, a municipal corporakioll, is Iiereby accepted by the City Council of tlie City of Car.lshc1 California pursuant to resolution 110. 93-73 r adopted on April 6, 1993 , arid tlie grantee coiiserits to tlic recordation thereof by its duly. authorized officer. The State of California, Department .of General Services - DATED: June 28, 1993 By : AL* Id- (916) 653-9929 MAR 1 0 1993 i RECEIVED JHTl CITY Of CARLSBAD ENGINEERING DEPA RTMENT e - .. March 30, 1993 TO : CITY CLERK FROM: ASSOCIATE ENGINEER CARLSBAD BLVD. SHORE PROTECTION WALL PROJECT N0.3307 Attached are four (4) original agreements with the State Department of Parks an( Recreation. Upon Council’s approval of the agreement on April 6,1993 please obtain require( signatures, Notarize,and Certify the original resolution and mail all original four copie: ment Attn.Carleton Greenwood in Sacramento. PROJECT MANAGER PETE WILS '. m ATATE OF CALIFORNIA - RESOURCES AGENCY DEPARTMENT OF PARKS AND RECREATION P.O. BOX 942896 SACRAMENTO 94296-0001 (916) 653-9929 JUM 2 1 1993 Mr. pat Entezari City of Carlsbad 2075 Las palmas Drive Carlsbad, California 92009-1519 Dear Mr. Entezari: Enclosed is a fully executed original of the Agreement and Grant of Easement for the construction and maintenance of a sea wall and appurtenant structures at Carlsbad State Beach. appreciate a photocopy of the recorded instrUmentbehg forwarded to me for State's files. Please have the document record&. subsequent to recordation, I would Thank you for your cooperation in this matter. Carleton H. Greenwood Land Agent Enclosure 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 m RESOLUTION NO. 93-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAR1 CALIFORNIA, APPROVING A MAINTENANCE AND OPERATING AGRE AND A GRANT OF EASEMENT REGARDING THE PROPOSED CAR BOULEVARD SHORE PROTECTION PROJECT. WHEREAS, the City Council of the City of Carlsbad has determined it nec desirable, and in the public interest to enter into a maintenance and or agreement and grant of easement with the State of California Department of PE Recreation, acting by and through the Director of General Services, to facilil future construction of the Carlsbad Boulevard Shore Protection Project; and WHEREAS, said agreement and grant of easement has hereby been prc NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of C, California, as follows: 1. 2. That the above recitations are true and correct. That a maintenance and operating agreement and grant of ez between the State of California and the City of Carlsbad regarding the C Boulevard shore protection Project is hereby approved and the Mayor and City C authorized and directed to execute said agreement. 3. That this City Council action supersedes the prior September ’ action of agreement approval. .... .... .... .... -... , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -* * 4. That the City Clerk of the City of Carlsbad is hereby authoriz directed to forward four (4) signed and certified copies of said agreement to: ! California Department of Parks and Recreation, attention Mr. Carleton H. Gree Land Agent, P. 0. Box 942896, Sacramento, California, 94296-0001. The Ci. is further authorized to send one (1) copy each of said executed agreement to tt of California Department of Parks and Recreation, 2680 Carlsbad Boulevard, C< California, 92008 and the Community Development Department. 5. The City Clerk is further authorized and directed to record this agr and easement in the office of the San Diego County Recorder following its ex by the State of California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlst Council held on the 6th day of APRIL , 1993, by the followir to wit: AYES: NOES: None ABSENT: Council Member Lewis Council Members Stanton, Kulchin, Nygaard, Finnila tanton, Mayor Pro Tem ATTEST: - ALETHA L. RAUTENKRANZ, City Clerk) (SEAL) 2. -* * .. , , ,* . *. *I STATE OF CALIFORNIA, ) COUNTY OF SAN DIEGO ) ss. Ass is tant I. Karen R. Kundtz /.. (;it) (:Id of the <:ity of <:avlsl)ad, (:orltitk. of San I>icyy), Statrb of (;:ilif'ortii:i. Iic~c~1)) c.c,rtify tliat I Iiiivo coiiipu-cd tlre fortrgoirig copy with the origitial ResOluti0.n. N.0 :... 83-23 . p;iss(d arid doptcd I)\ said (:it!. (hitid. at ........ a..r.eg~ar..... . ...... ttic~tirig tlicwd, at tlie tiiiic aiid 1)y tlic. votc tlic.rcsiii statcd. \vIiicIi origiiial .ResolufiOn..No,..93_!3.. is ~10~ on filc in tii!' oflicc.: that the, SRIIIC contairis it fuII. triI(5 ;11i(1 cwvcbct tvai,.sc,ript tlitwhnib anel of thc \z;hole tlic.1-eof. \\'ittic.ss III)' Iiniid aid tlic. scd of said City of (~~i~lsl~iid. tliis 12th .. clay of ..... __ APRIL,..1993 .._._..__..._......_... ( SI'..\I, ) ...... f* &?&u .................................... ssistan ,I 'krk