HomeMy WebLinkAbout2002-05-14; City Council; 16748; Final Map Poinsettia Properties PA 2, 3, 4CITY OF CARLSBAD -AGENDA BILL
B# 16,748
ITG. 5/14/02
TITLE: FINAL MAP FOR
EPT. ENG
POINSETTIA PROPERTIES P.A. 2, 3, & 4 (WATERS END) clTYAm.
CARLSBAD TRACT CT 00-16
AND RELATED NCTD LICENSE AGREEMENT
RECOMMENDED ACTION:
Adopt Resolution No. 2002-141 authorizing the City Manager to execute the North San Diego County Transit Development Board (NCTD) License Agreement and Resolution No. 2002-142
approving the final map for Carlsbad Tract 00-16, Poinsettia Properties P.A. 2, 3, & 4 (Waters End),
and authorizing the City Clerk to process the map for recording.
ITEM EXPLANATION:
On July 24, 2001, the City Council approved the tentative map for Carlsbad Tract CT 00-16, a
219 single-family residential subdivision on Poinsettia Properties Planning Areas 2, 3, and 4.
The 43.587 acre property being subdivided into 250 lots (219 single-family residential lots, 25 open
space lots, 3 private recreation lots, 1 RV lot, 1 private street lot, and a lot for the sewer pump
station). This subdivision is within Local Facilities Management Plan (LFMP) Zone#22 and is
generally located at the northwest corner of Avenida Encinas and Poinsettia Lane.
The tentative map was conditioned to construct offsite storm drain facilities within the NCTD
property. The proposed storm drain is located parallel with Poinsettia Lane in the southwest corner
of the project and runs westerly under the railroad tracks to an existing storm drain system.
Engineering staff has completed checking the final map and the grading and improvement plans of
Carlsbad Tract CT 00-16. Prior to approval of the final map and construction of the required
improvements, a License Agreement for the proposed storm drain system crossing under the
existing railroad tracks needs to be executed by the City. The License Agreement allows the
developer to install, and the City to maintain, facilities within the NCTD property. A copy of the
agreement is attached to the resolution authorizing the City Manager to execute the agreement.
The final map conforms substantially with the tentative map as approved by the Planning
Commission on June 20, 2001 and by City Council on July 24, 2001 per Resolution 2001-230.
The final map also conforms to the General Plan, all the applicable requirements of the Municipal Code, City Standards, and Growth Management Plan.
FISCAL IMPACT:
The developer pays a plancheck fee to cover the expense of planchecking and processing the final
map for recording. All appropriate building permit fees will be paid if and when building permits are
issued for this project.
EXHIBITS:
1. Location Map.
2.
County Transit Development Board License Agreement.
Resolution No. 2002-141 authorizing the City Manager to execute the North San Diego
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Waters End, and authorizing the City Clerk to process the map for recording.
Resolution No. 2002-142 approving the final map for Carlsbad Tract CT 00-16,
a. Licensing Agreement
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LOCATION MAP
NOT Td SCALE
SI
PROJECT NAME EXHIBIT PROJECT
WATERS END CTOO-16 NUMBER 7
lbN BY. SCOT EVANS CARUBAD ENLTNEfmNG DEPT. 5/1/02 C: \DEMLOPUfNT PRMCTS\CTW16.DW 2.
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RESOLUTION NO. 2002-141
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE LICENSE AGREEMENT
BETWEEN THE CITY AND NORTH SAN DIEGO COUNTY
TRANSIT DEVELOPMENT BOARD.
WHEREAS, OBSLP Carlsbad, a Delaware limited liability company, has submitted a final
nap known as Carlsbad Tract 00-16 to the City of Carlsbad for approval; and
WHEREAS, the tentative map of Carlsbad Tract CT 00-16 with conditions, was approved
~y the Planning Commission on June 20, 2001, pursuant to Resolution No. 4997 and by
:ity Council on July 24, 2001 pursuant to Resolution 2001-230; and
WHEREAS, the conditions of approval for said final map require the construction of public
acilities within North County Transit Development Board property; and
WHEREAS, improvement plans for the required facilities have been reviewed by the City
Ind secured by'OBSLP Carlsbad; and
WHEREAS, prior to construction of the required facilities, North County Transit
)evelopment Board requires the City to enter into a License Agreement for facilities within their
Iroperty; and
WHEREAS, the City Council of the City of Carlsbad determined it to be in the public
iterest to authorize the City Manager to execute said License Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
:alifornia, as follows:
1. That the above recitations are true and correct.
2. That improvement plans for utilities required by said tentative map Carlsbad
'ract 00-16 have been reviewed and secured and are on file with the Public Works Director.
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held on the 14th day of MAY , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hal
II NOES: None A NOES: None
ABSENT: None
ATTEST
LORF&ll& Aha.zd M. WOOD, City Clerk
Page 2 of 2 of Resolution No. 2002-141
3. That the City Manager is authorized to execute the attached License Agreement
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
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NCTD No. 233.674402-PL-CA
APN 214-150-12-00
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of
the effective date of
North San Diego County ransit Development Board ("NCTD"), and The City of
Carlsbad ("Licensee"). - , 2002, ("Effective Date") by and between the
RECITALS
A. NCTD has policies regulating and governing the use of its Rights-of-way.
0. Licensee has applied for the issuance of a License in accordance with such
policies and NCTD has agreed to allow Licensee to use that portion of the
Right of Way identified in Exhibit A and depicted in Exhibit B ("License Area"),
subject to the terms and conditions of this Agreement.
C. Licensee agrees to be bound by the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises
contained herein, the parties agree as follows:
1. License to Use. In consideration of the covenants and conditions set forth in this
Agreement and other good and valuable consideration, NCTD licenses and permits
Licensee to construct, maintain, and use a 60-inch storm water pipeline ("Facility")
on the License Area, subject to applicable local, state and federal law and this
Agreement.
2. Authority Not Exclusive. This License is non-exclusive. The Licensee shall
respect the rights and property of NCTD and other authorized users of the Rights-of-
way, easements, power poles, street light poles, vaults, and conduits. Except as
otherwise required by applicable law, disputes between the Licensee and parties
other than NCTD over the use, pursuant to this Agreement, of the easements, power
poles, street light poles, vaults, conduits and other rights-of-way shall be submitted
to NCTD for resolution. Licensee expressly agrees the Facility shall not interfere
with any use of the surface property.
3. Relocation. Licensee shall, at Licensee's sole expense and within one hundred
eighty (180) days after receiving written notice from NCTD, protect, temporarily
disconnect, relocate, or remove the Facility if NCTD determines, in its sole and
absolute discretion, that the Facility or some portion of the Facility is inconsistent or
interferes with NCTD's current or planned use of the License Area or Right-of-way.
Licensee shall commence the protection, disconnection, relocation, or removal
promptly after receiving notice from NCTD and shall diligently pursue and complete
such protection, disconnection, relocation, or removal within the one hundred eighty
(1 80) day period set forth above. In consideration of NCTD's agreement to enter
into this License, Licensee hereby waives any and all rights it may now have, or
hereafter obtain, to any "relocation assistance benefits" pursuant to the Federal
Uniform Relocation Assistance Act (42 U.S.C. 5 4601 et seq.), the California
Relocation Assistance law (Cal. Gov. Code § 7260 et seq.) or any other statute that
replaces or provides rights similar to such statutes, if NCTD requires Licensee to
relocate the Facility or makes use of the Right-of-way in such a way as to 'displace'
Licensee from the License Area. Licensee, further, shall in the future execute any
further documentation of the release and waiver provided hereby as NCTD may
reasonably require.
4. Limitations on Use . 4.1 Licensee shall comply with all applicable terms, conditions and requirements of
NCTD's policies regarding rights-of-way and other NCTD ordinances, rules and
regulations. Licensee shall comply with all applicable laws and regulations of the
federal, state, county, local governments and all administrative agencies thereof
which may have jurisdiction over Licensee's proposed use of the License Area
and the use, construction, and maintenance of the Facility.
4.2Licensee shall not cause or permit any Hazardous Material to be used, stored,
transported, generated, or disposed in or about the License Area by Licensee or
Licensee's agents, employees, contractors, licensees, or invitees. "Hazardous
Material" means any hazardous, toxic, or infectious substance, material, or waste
which is or becomes regulated by any local governmental entity, the State of
California, or the United States Government under any law, regulation or
ordinance regulating or controlling any Hazardous Material (the "Hazardous
Materials Laws"), including, without limitation, any material, or substance which is
(i) defined as a "hazardous waste," "extremely hazardous waste" or "restricted
hazardous waste" under California Health and Safety Code 251 15, 251 17 or
25122.7, or listed pursuant to California Health and Safety Code § 25140, (ii)
defined as a "hazardous substance" under California Health and Safety Code §
25316, (iii) defined as a "hazardous material," "hazardous substance" or
"hazardous waste" under California Health and Safety Code § 25501 (v) defined
as a "regulated medical waste" under 40 C.F.R. § 259.10(a) or § 259.30, (v)
petroleum or petroleum product, (vi) asbestos, (vii) designated as a "hazardous
substance" pursuant to 31 1 of the Federal Water Pollution Control Act (33
U.S.C. § 1317), (ix) defined as a "hazardous waste" pursuant to § 1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq. (42
U.S.C. § 6903), or (x) defined as a "hazardous substance" pursuant to § 101 of
the Comprehensive Environmental Response Compensation and Liability Act, 42
U.S.C. § 9601 et seq. (42 U.S.C. § 9601).
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4.3No use, construction, or maintenance by Licensee or on Licensee's behalf on the
License Area will interfere with any railroad operations on the Right-of-way.
4.4Licensee shall not cross or permit the crossing over of the railroad tracks on the
Right-of-way except at public crossings approved by the California Public
Utilities Commission.
4.5Licensee shall not leave any personal property or equipment on the Right-of-way
unattended at any time.
4.6Licensee shall not install or use any underground storage tanks on the License
Area.
5. Insurance. Licensee, at Licensee's sole cost and expense, shall procure and
maintain the following insurance:
5.1 General Liability.
a. Coverage for commercial general liability shall be at least as broad as
Insurance Services Office Commercial General Liability Cdverage
(Occurrence Form CG 0001 ).
b. Limits shall be no less than Two Million Dollars ($2,000,000) per occurrence
for bodily injury, personal injury and property damage. If Commercial General
Liability Insurance or other form with a general aggregate~limit is used, either
the general aggregate limit shall apply to the Right-of-way (with the IS0 CG
2503, or IS0 CG 2504, or insurer's equivalent endorsement provided to
NCTD) or the general aggregate limit shall be twice the required occurrence
limit.
c. The policy shall cover bodily injury (including death) and property damage
liability, owned and non-owned equipment, and blanket contractual liability.
d. All policy or endorsement limitations relating specifically to operations on or
near railroad property or track shall be eliminated.
5.2Automobile Liability
a. Coverage for automobile liability insurance shall be at least as broad as
Insurance Services Office Automobile Liability Coverage (Form CA OOOl),
covering Symbol 1 (any auto).
b. Limits for shall be not less than one million dollars ($1,000,000) for bodily
injury and property damage each accident limit.
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c. The insurance shall indemnify against loss from liability imposed by law for
damages on account of bodily injury, property damage, and personal injury.
The automobile liability policy shall cover all owned, non-owned, and hired
automobiles.
5.3Licensee shall cover or insure under the applicable laws relating to workers'
compensation insurance, all of their employees working on or about the Right-of-
Way, all in accordance with the 'Workers' Compensation and Insurance Act,"
Division IV of the Labor Code of the State of California and any Acts amendatory
thereof. Licensee shall provide employers liability insurance in the amount of not
less than one million dollars ($1,000,000) per accident for bodily injury and
disease. By hislher signature hereunder, Licensee certifies that it is aware of the
provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that code, and it will comply
with such provisions in connection with any work performed on the Site. Any
persons providing services with or on behalf of Licensee shall be covered by
workers' compensation (or qualified self-insurance).
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5.4The general liability and automobile liability policies are to contain, or be
endorsed to contain the following provisions:
a. NCTD, its directors, officers, employees, contractors, agents or authorized
volunteers are to be named as additional insureds as respects liability arising
out of Licensee's operations and activities or automobiles owned, leased,
hired or borrowed by Licensee. The coverage shall contain no special
limitations on the scope of protection afforded to NCTD, its directors, officers,
employees, agents or authorized volunteers.
b. For any claims arising from Licensee's operations or activities, Licensee's
insurance shall be primary insurance to NCTD, its directors, officers,
employees, contractors, agents or authorized volunteers. Any insurance,
self-insurance or other coverage maintained by NCTD, its directors, officers,
employees, agents or authorized volunteers shall not contribute to it.
c. Any failure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to NCTD,
its directors, officers, employees, contractors, agents or authorized
volunteers.
d. Licensee's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
5.5All of the insurance shall be provided on policy forms and through companies
reasonably satisfactory to NCTD.
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5.6 Insurance is to be placed with insurers having a current A.M. Best rating of no
less than A-, VI1 or equivalent or as otherwise approved by NCTD.
5.7 Prior to execution of this License, Licensee shall file with NCTD a certificate of
insurance signed by the insurer's representative. Such evidence shall also
include confirmation that coverage includes or has been modified to include
required provisions as set forth in section 5.4. Licensee shall, upon the
reasonable demand of NCTD, deliver to NCTD such policy of policies of
insurance. Each insurance policy required by this clause shall state or be
endorsed to state that coverage shall not be amended or canceled, except after
thirty (30) days prior written notice by U.S. mail has been given to NCTD.
5.8Every contractor or subcontractor of Licensee entering upon, using, or
performing any work upon the Right-of-way by or on behalf of Licensee shall
provide evidence of insurance required under this section 5 prior to entering upon
the Right-of-way.
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5.9NCTD reserves the right to increase the limits for the insurance required by this
section 5 to amounts recommended by NCTD's insurance risk manager or
insurance representative.
6. Indemnification. Licensee agrees to protect, save, defend, and hold harmless
NCTD and its Board and each member of the Board, the San Diego Northern
Railroad, the National Railroad Passenger Corporation ("AMTRAK), the Southern
California Regional Rail Authority ("SCRRA or "Metrolink), and the Burlington
Northern Santa Fe Railway Company ("BNSF"). their officers, agents and employees
from any and all liability or claim of liability, loss or expense, including defense costs
and legal fees and claims for damages of whatsoever character, nature and kind,
whether directly or indirectly arising from or connected with an act or omission of
Licensee, or any employee, agent, invitee, or contractor of Licensee, or other person
acting by or on behalf of Licensee on or about the Right-of-way, including, but not
limited to, liability, expense, and claims for bodily injury, death, personal injury, or
property damage; provided, however, that nothing herein shall relieve any party
indemnified hereunder from liability to the extent that such liability arises from such
party's sole established negligence or willful misconduct. The requirements as to the
types and limits of insurance coverage to be maintained by Licensee as required by
section 5, and any approval of such insurance by NCTD, are not intended to and
shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by Licensee pursuant to this Agreement, including but not limited to the
provisions concerning indemnification.
7. Construction.
7.1 Any work performed or caused to be performed by Licensee on the License Area
shall be performed (a) at Licensee's sole cost and expense; (b) in accordance
with any and all applicable laws, rules and regulations (including the NCTD’s
rules and regulations) and (c) in a manner that is satisfactory to NCTD and which
meets or exceeds the then applicable standards of the industry for such work.
7.2Licensee shall submit to NCTD for review and approval prior to commencement
of any construction drawings, specifications, and other construction documents
describing any proposed work in the License Area in sufficient detail to enable
NCTD to determine the scope and nature of the proposed work and the potential
effect of such work on the Right-of-way and train operations. NCTD may
approve or disapprove any work in NCTDs sole and absolute discretion, and
NCTD may require such changes or impose such conditions as NCTD, in its sole
and absolute discretion, deems necessary or appropriate.
7.3Every individual who will be entering upon the License Area or Right-of-way
under this Agreement, before entering, shall first obtain a Right of Entry Permit
from NCTD. The Right of Entry Permit may require, among other things, that all
persons entering the License Area first attend a class conducted by NCTD or
NCTD‘s designee on Railroad Worker Protection Safety rules and regulations,
that no person enter upon or use the License Area until flag protection has been
provided, that Licensee take appropriate steps to protect the railroad facilities,
that Licensee reimburse NCTD for all costs and expenses incurred by NCTD in
connection with the foregoing and with NCTD’s review, processing, and
inspection of any work performed by or for Licensee on the License Area,
including an NCTD administrative fee, and that Licensee deposit with NCTD such
amounts as NCTD determines to be necessary to cover the reimbursable costs
and expenses prior to any entry upon the License Area.
8. Reimbursement of NCTD. Licensee shall reimburse NCTD, within 30 days of
invoice, for all cost and expense incurred by NCTD in connection any work
performed by or for Licensee on the License Area. These costs include, but are not
limited to, NCTD staff time and consultants fees for the expenses of reviewing
construction documents, conducting railroad safety training, marking out of railroad
facilities, inspections, security, flag protection, the installation and removal of false
work beneath tracks, equipment rentals, and restoration of the Right-of-way to the
same condition as when Licensee entered thereon. Upon execution of this License,
Licensee shall deposit with the NCTD the amount determined by NCTD to be the
probable amount of reimbursable expenses. NCTD may deduct the costs and
expenses from the deposit as such costs and expenses are incurred. Costs of
services provided by NCTD employees will be charged at the employees’ fully
loaded productive hourly rates (monthly salary and benefits divided by 150 hours).
Services provided by NCTD consultants, equipment rentals, and other third party
costs will be charged at cost plus a 7.2% administrative fee. Upon demand by
NCTD, Licensee shall make any additional deposits that NCTD determines are
necessary to reimburse NCTD for the costs and expenses incurred by NCTD. In the
event that the costs and expenses incurred by NCTD exceed the amounts
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deposited, Licensee shall reimburse NCTD for all such costs and expenses within 30
days of invoice.
9. Maintenance and Repair. Licensee shall, at Licensee's sole expense, maintain the
Facility and License Area in a condition satisfactory to NCTD and in accordance with
applicable governmental codes. Licensee shall be responsible for any citations
issued by any agency having jurisdiction as a result of Licensee's failure to comply
with any applicable law, regulation, ordinance, rule, or order.
10. Taxes. Nothing contained in this Agreement shall be construed to exempt the
Licensee from any tax levy or assessment which is or may be hereafter lawfully
imposed. Notice is hereby given pursuant to Revenue and Tax Code Article 107.6
that this License may create a property interest subject to property taxation and may
subject Licensee to the payment of property taxes levied on such interest.
<l.Defau/t; Termination. In the event that Licensee fails to perform any obligation
under this Agreement, Licensee shall pay all costs and expenses incurred by NCTD
in obtaining performance of such obligations, including costs of suit and reasonable
attorney's fees. If Licensee uses the Right-of-way for any purpose not expressly
authorized by this Agreement or fails to act strictly in accordance with the terms and
conditions of this.Agreement, and if such default is not corrected within 30 days'
notice from NCTD to Licensee, NCTD may terminate this Agreement and prevent
Licensee from using or remaining upon the Right-of-way. If NCTD determines that
any default by Licensee does or has the potential to cause a danger to the Right-of-
Way or railroad operations, NCTD may immediately and without prior notice to
Licensee terminate this Agreement and prevent Licensee from using or remaining
upon the Right-of-way, with or without process of law. Unless NCTD specifies
otherwise in writing, upon termination of this Agreement, Licensee shall, at
Licensee's sole expense, remove the Facility and all other Licensee improvements in
or upon the Right-of-way and restore the Right-of-way in a manner satisfactory to
NCTD. Should Licensee fail or refuse to comply with the terms of this section,
NCTD may, at its option, perform such work, and Licensee shall reimburse NCTD for
all costs and damages so incurred.
12.Service ofNofice. Except as otherwise provided in this Agreement, any notice
required or permitted to be given hereunder shall be in writing and may be given by
personal delivery or by certified or registered mail, and shall be deemed sufficiently
given if delivered or addressed to Licensee at the address listed below the
Licensee's signature or to NCTD at North San Diego County Transit Development
Board, 810 Mission Avenue, Oceanside, CA 92054, Attention: Manager of Real
Estate. Mailed notices shall be deemed given upon actual receipt at the address
required, or forty-eight hours following deposit in the mail, postage prepaid,
whichever first occurs. Either party may by notice to the other specify a different
address for notice purposes.
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13. Vibration and Noise From Train Operation; Barricades. Licensee recognizes
and acknowledges that railroad tracks are located on or adjacent to the License
Area, and that the operation of trains over the tracks does and will produce
vibrations which may affect the Facility and Licensee's use of the License Area.
With knowledge and understanding of these facts, Licensee by execution of this
Agreement, agrees that no legal action or complaint of any kind whatsoever shall be
instituted against NCTD by Licensee or on Licensee's behalf as a result of vibrations
or as a result of the use of the railroad tracks in general.
14.Laws, Venues, and Attorneys' Fees. This Agreement shall be interpreted in
accordance with the laws of the State of California. If any action is brought to
interpret or enforce any term of this Agreement, the action shall be brought in a state
or federal court situated in the County of San Diego, State of California. In the event
of any claim, legal action or proceeding between the parties arising under or
concerning this License, the prevailing party shall be entitled to reasonable
' attorneys' fees and expenses as part of the judgment resulting therefrom.
15.Acceptance ofLicense Area. Licensee accepts the License Area in its present
physical "as-is" condition, and agrees to make no demands upon NCTD for any
improvements or alterations. By signing this License, Licensee represents and
warrants that Licensee has independently inspected the License Area and the area
immediately surrounding and made all investigations, tests, and observations
necessary to satisfy Licensee as to the condition of the License Area, zoning and
land use laws, regulations, and ordinances affecting the License Area, and all of the
conditions, restrictions, encumbrances, and other matters of record relating to the
License Area. Licensee agrees that Licensee is relying solely on Licensee's
independent inspection and that NCTD has made no warranty or representation with
regard to the License Area. NCTD shall not be responsible for any latent defect or
change in condition in the License Area and Licensee's obligations under this
License shall not be diminished on account of any defect in the License Area, any
change of condition, or any damages occurring on the License Area. In case of the
eviction of Licensee by anyone owning or claiming title to or any interest in the
License Area, NCTD shall not be liable to Licensee for any damage of any nature
whatsoever or to refund any moneys paid hereunder. Licensee hereby releases
NCTD from all future claims, actions, or demands that Llcensee may have or may
hereinafter have, known and unknown, in any way relating to the quality, fitness, or
condition of the License Area, and Licensee specifically waives all rights under
California Civil Code section 1542, which provides as follows:
"A general release does not extend to claims which the creditor does not know or
suspect to exist in his favor at the time of executing the release, which if known by
him must have materially affected his settlement with the debtor."
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IN WITNESS WHEREOF, the parties have signed below, effective as of the
Effective Date, by their duly authorized representatives.
NCTD: Licensee:
North San Diego County Transit City of Carlsbad
Development Board
By:
Martin C. Minkoff, Executive Director
Attest: M
LoMnk Wood, City Clerk
Licensee's Address:
1200 Carlsbad Village Drive
Carlsbad, CA 92008
APPROVED AS TO FORM:
44?dom D@uty City Attorney
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
DRAINAGE EASEMENT
PR 02-10
BEING A PORTION OF LOT 3 OF FRACTIONAL SECTION 29 IN TOWNSHIP 12 SOUTH,
RANGE 4 WEST, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALI-
FORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN THE SAN DIEGO NORTHERN
RAILWAY RIGHT-OF-WAY (FORMERLY KNOWN AS THE ATCHISON, TOPEKA AND SANTA FE
RAILROAD RIGHT-OF-WAY) PER QUITCLAIM DEED RECORDED DECEMBER 15, 1992 AS
DOCUMENT NO. 1992-0802209 OF OFFICIAL RECORDS, INCLUDED WITHIN A STRIP OF
LAND 30.00 FEET WIDE, LYING 15.00 FEET ON EACH SIDE OF THE FOLLOWING DE-
SCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 1, CARLSBAD TRACT NO. 97-10,
RECORDED 21 MAY, 1999 AS MAP NO. 13785, BEING A POINT ON THE EASTERLY
RIGHT-OF-WAY LINE OF SAID SAN DIEGO NORTHERN RAILWAY RIGHT-OF-WAY; THENCE
NORTHERLY ALONG THE WESTERLY BOUNDARY OF SAID MAP 13785 AND SAID EASTERLY
RIGHT-OF-WAY LINE NORTH 20"27'52" WEST 122.23 FEET TO THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY
1.
2.
3.
SOUTH 35' 06' 30" WEST 6.77 FEET TO THE BEGINNING OF A TANGENT
100.00 FOOT RADIUS CURVE CONCAVE
TO THE NORTHWEST; THENCE ALONG
THE ARC OF SAID CURVE
SOUTHWESTERLY 36.97 FEET THROUGH A CENTRAL ANGLE OF
21"10'50"; THENCE
NORTH 56"17'20" WEST 84.71 FEET; TO THE INTERSECTION WITH EASTERLY
LINE OF THAT CERTAIN UNRECORDED
DRAINAGE EASEMENT ON FILE AT THE
CITY OF CARLSBAD, AS CITY OF
CARLSBAD EASEMENT PLAT NO. PR 99-
79. SAID INTERSECTION BEING THE
POINT OF TERMINUS.
PAGE 1 OF 2
THE SIDELINES OF SAID STRIP OF LAND ARE TO TERMINATE IN THE EAST ON THE
WESTERLY BOUNDARY OF SAID MAP NO. 13785 AND IN THE WEST ON THE EASTERLY
LINE OF SAID UNRECORDED DRAINAGE EASEMENT.
CONTAINS 3,854 SQUARE FEET, MORE OR LESS.
NO. 17190 LS 7190
Exp. date 123103 EXPIRATION DATE 12/31/03
IS
I DFSm/PnM:
BEING A PORTION OF LOT 3 OF FRACTIONAL SECTION 29 IN TOWSHIP 12 SOUTH, RANGE 4 #€ST. IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,
ACCORDING TO THE OFFICIAL PLAT THEREOF ON FILE IN
THE WE OF THE COUNTY RECORDER OF SAID COUNX
LVNG WHIN THE SAN DIEGO NORTHERN RAILWAY
RIGHT-OF-WAY (FORMERLY KNOW AS THE ATCHISON,
TOPEKA AND SANTA FE RAILROAD RIGHT-OF-WAY).
BAYS of BFARINGS:
THE BASIS OF BEARINGS FOR THIS SUREY IS THE KSERLY BOUNDARY OF MAP NO. 13785, RECORDED MAY 21, 1991, OFFICIAL RECORDS of
SAN DIEGO COUNTY.
I.€. N2027’52.W
LZGEND:
AREA = 0.088 ACRES OR 3854 S.F. INDICATES DRAINAGE EASEMENT
P.O.B. INDICATES POlNT OF BEGINNING
TP.0.B. INDICATES TRUE PCYNT of BEGINNING
( ) INDICATES RECORD DATA PER MAP NO. 13785
INDICATES SEER EASEMENT TO THE CYTY
OF CARLSBAD RECORDED AUGUST 27, 1973
AS FILE NO. 73-240995 O.R.
INDICATES IRREVOCABLE OFFER TO DEDlCA TE
CONSERVATION EASEMENT TO THE CALIFORNIA DEPARWENT OF FISH AND GAME RECORDED AUGUST 12, 1994 AS FILE NO. 94-049179
INDICATES AN UNRECORDED DRAINAGE EASEMENT TO THE CITY OF CARLSBAD AS SHOW ON PR 99-79
INDICATES AN UNRECORDED DRAINAGE EASEMENT TO THE CITY OF CARLSBAD AS %OW ON PR 00-50
Q!N&
AUTHORITY OF xcnm 125000 ET SEQ. OF THE CALIFORNIA PUBLIC ununEs CODE.
NORTH SAN DIEGO COUNTY TRANSIT DEKLWMENI
BOARD, A PUBLIC ENTITY EXISTING UNDER THE
.JmmJw
NO SCALE
30’ DRAINACX EASEMENT PLA T-CITY OF CARLSBAD
4PPUCANr 1 PREPARED BE
WN LAING HOMES PRMClDESIGN CONSUL TANK
f95 DOE SI. SUITE 110 701 B STREET, SUITE 8W
IEWCMT BEACH, CA 9266 SAM DIEGO, CA 92101
A. P. N.
214-150-12
PR 02-10
CT nn-16
T: \Mapping\206s~lat\os-sd.dwg
Apr 17. 2002
UNE TABLE GRAPHIC SCALE
N35U6'3O"E 6.77'
CURE TABLE
BEARING
CURE I DELTA I RADlUS I LENGM
36.9 7'
(m=)
Cl I 217O'sO" I 100.00' I I inch = 60 fi EXHIB/T 9' wm2 ff 2
30' DRAINAGE EASEMENT PLAT-CITY of CARLSBAD
APPUCANZ I PREPARED BK
WN LAING HOMES PRCMClDE57GV ClMlSuLTANlS
?95 DOE ST, SUllE 110 701 B SlREEc WIlE 800
/EWORT BEACH, CA 9266 SAN DIEGO, CA 92101
A. P. N.
214-150-12
PR 02-10
CT 00-16
T: \Mapping\2068~Iat\o-~.dwg ~, Apr 17, 2002
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I1 E.-.* " ~, .,.; i,
RESOLUTION NO. 2002-142
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FINAL MAP FOR
PROPERTIES, P.A. 2, 3, & 4) AND AUTHORIZING THE CITY
CLERK TO PROCESS THE MAP FOR RECORDING. (1 WHEREAS, OBSLP Carlsbad, A Delaware limited liability company, has submitted a final
CARLSBAD TRACTCT 00-16, WATERS END (POINSETTIA
map known as Carlsbad Tract CT 00-16 to the City of Carlsbad for approval; and
WHEREAS, the tentative map of Carlsbad Tract CT 00-16 with conditions, was approved
by the Planning Commission on June 20, 2001, pursuant to Resolution No. 4997 and by
City Council on July 24, 2001 pursuant to Resolution 2001-230; and
11 WHEREAS, the Public Works Director has determined that said map substantially
conforms to said conditionally approved tentative map; and
WHEREAS, the conditions of approval for said final map have been completed or
secured; and
WHEREAS, the developer has offered public easements for dedication to the City of s.
Carlsbad; and"
..
WHEREAS, the final map conforms to the City of Carlsbad General Plan and all
requirements of City codes and standards: and "
WHEREAS, the City Council of the City of Carlsbad determined it to be in the public
interest to approve said final map.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
I( California, as follows:
1. That the above recitations are true and correct.
2. That said final map known as Carlsbad Tract CT 00-16, Waters End, which is on
file with the Public Works Director and is incorporated herein by reference, is accepted. I/ 3. That the City accepts the dedications as shown on the final map.
4. That the City Clerk is authorized to cause the original final map to be recorded in
the Office of the County Recorder of San Diego County, State of California.
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Ill
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5. That the City Clerk is authorized to release the map to Fidelity National Title
Zompany for recording in the Office of the County Recorder.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 14th day of MAY , 2002 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
TTEST:
J/77m OmI& M. WOOD, City Clerk
sge 2 of 2 of Resolution No. 2002-142