HomeMy WebLinkAbout2003-02-18; City Council; 17081; APPROVAL OF A LAND TRANSFER AGREEMENT WITH CUSD AND CALAVERA HILLS II, LLC FOR THE ACQUISITION OF REAL PROPERTY INTERESTS NEEDED FOR THE CONSTRUCTION OF COLLEGE BOULEVARD, CANNON ROAD AND DRAINAGE DETENTION BASIN BJBAB# 17.081
MTG. 2/18/03
DEPT. ENG
THE CONSTRUCTION OF COLLEGE BOULEVARD,
RECOMMENDED ACTION:
Adopt Resolution No. 2003-050 , approving a Land Transfer Agreement with Carlsbad Unified School District and Calavera Hills II, LLC for acquisition of real property interests for the construction of the College Boulevard, Cannon Road and Drainage Detention Basin BJB.
ITEM EXPLANATION:
The Zone 7 LFMP Amendment (LFMP 87-07(A) and the Calavera Hills Phase II Master Tentative
Map (CT 00-02) were approved by the City Council on January 15, 2002. The Council included
conditions on these approvals for two major offsite road improvements, and one major Drainage
Master Plan improvement. Specifically, these improvements were; (a) the installation of College
Boulevard Reaches B and C, and Cannon Road Reach 3, and (b) the construction of Detention
Basin BJB, located in the northeasterly quadrant of the future College/Cannon intersection.
Construction of the subject reaches of College Boulevard and Cannon Road will provide an arterial
link between the Calavera Hills community and El Camino Real; and installation of Basin BJB will
reduce the potential for downstream flooding of Calavera Creek within the Rancho Carlsbad Mobile
Home Park. As a result, the City views these improvements as a benefit to the public and, thus,
is cooperating in acquisition of the appropriate land needed for the improvements, as necessary.
The subject required improvements are located within two properties not owned by the Calavera Hills
developer. These offsite properties are (a) the Robertson Family Trust; and (b) Carlsbad Unified
School District (CUSD). The developer has obtained and provided to the City the necessary
dedications of land and easements for rights-of-way from the Robertson Family Trust. A portion of
College Boulevard and Cannon Road (specifically the intersection of the two roadways), and a
portion of the inundation area of Basin BJB are situated within land owned by CUSD. This land is
planned for a future high school site. A request was made for purchase of the necessary property,
and on October 9, 2002, the CUSD Board of Trustees adopted a resolution authorizing the grant to
the City of the property necessary for provision of the improvements, subject to the terms and
conditions stipulated in a written agreement.
The City, CUSD and Calavera Hills II, LLC (developer) staffs have prepared a 3-party Land Transfer
Agreement (Agreement) to facilitate this property transfer. CUSD has agreed to a sales price of
$295,000 for the all of the necessary property, which includes both value of the land, and payment to CUSD of $20,000 for administrative costs incurred in the transfer. The developer is obligated to fund
the payment to CUSD, subject to reimbursement from the anticipated roadway assessment district to
be formed for construction of the subject arterials, and from Local Drainage Area Fees.
The terms of the agreement provide for the transfer of title in two deed documents. The first
document grants the City fee simple title interest for the road right-of-way and that portion of the
detention basin that is permanently needed to maintain the long term functioning of the basin.
The second document grants the City an inundation easement for land inundated by the waters
retained in the detention basin. The inundation easement is temporary in nature and will be
automatically relinquished back to the School District as to any portion of the easement area that is
filled above the inundation flood level, upon future development of the School District property.
Page 2 of Agenda Bill No. 17,081
The Transfer Agreement and deed documents provide for the District to retain necessary access
rights to construct and maintain the District's future school site improvements and to extend any
needed sewer, water, and drainage improvements across the deeded property as required to provide
utility services for development of the future school site. Another provision of the Transfer Agreement
allows for continued access across the deeded property to certain property owners that currently
obtain access to their property via routes across the deeded property. The road improvement plans
currently provide for the proposed access and utility servicing needs requested by the School District.
This City Council action provides for acceptance of the necessary rights-of-way and easements for
the roadway and basin improvements on the CUSD property and, thus, allows the developer to
proceed with construction of the required improvements.
Property Acquisition - General Plan Consistencv
The subject intersection of College Boulevard and Cannon Road is consistent with the Circulation Element and the Land Use Element of the General Plan as evidenced by the fact that these arterials are identified and referred to in these elements in the location, alignment and size as proposed in this land transfer action. Detention Basin BJB is likewise consistent with the General Plan, as evidenced by its identification on the Drainage Master Plan in a location and orientation consistent with that proposed, and the Drainage Master Plan has been found consistent with the Land Use Element.
ENVIRONMENTAL REVIEW:
Environmental review was conducted for LFMP 87-07(A) and CT 00-02, including specific analysis through an EIR (EIR 98-02) of the environmental effects of the subject reaches of College Boulevard and Cannon Road, and Detention Basin BJB. Impacts were identified and, where necessary, mitigation measures adopted. EIR 98-02 was certified by the City Council on January 15, 2001. The subject land transfer is consistent with the requirements of the certified EIR.
FISCAL IMPACT:
Calavera Hills II, LLC will fund the purchase of the subject land from CUSD. Thus no financial impact to the City will result from the purchase. Likewise, Calavera Hills II, LLC will fund construction of the improvements. Reimbursement to the developer of funds spent on these activities may be considered from future assessment district and Local Drainage Area Fee accounts. Once the improvements are accepted by the City, general maintenance expenditures will be required to keep the roadways and basin operational for public use.
EXHIBITS:
1. Location Map
2. Resolution No. 2003-050 , approving a Land Transfer Agreement with Carlsbad
Unified School District and Calavera Hills II, LLC for acquisition of real property interests for
the construction of the College Boulevard, Cannon Road and Drainage Detention Basin BJB.
3. Agreement for Transfer of Real Property Interests necessary for Road and Drainage
Improvements by and between the Carlsbad Unified School District, the City of Carlsbad, and
Calavera Hills II, LLC.
2
LOCATION MAP
NOT TO SCALE
PROJECT NAME RIGHT-OF- WAY ACQUISITION FOR CANNON ROAD, COLLEGE BOULEVARD AND DRAINAGE DETENTION BASIN WJB" I
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RESOLUTION NO. 2003-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING A LAND TRANSFER AGREEMENT WITH
CARLSBAD UNIFIED SCHOOL DISTRICT AND CALAVERA HILLS II,
LLC FOR ACQUISITION OF REAL PROPERTY INTERESTS NEEDED
FOR THE CONSTRUCTION OF COLLEGE BOULEVARD,
CANNON ROAD AND DRAINAGE DETENTION BASIN BJB.
WHEREAS, Calavera Hills II, LLC ("Developer") has received approvals for the Calavera
Hills Phase II development, and is presently under construction; and
WHEREAS, approved City Council Resolution Number 2002-016, for LFMP 87-07(A) and
CT 00-02 requires that Developer acquire off-site property owned by Carlsbad Unified School
District ("CUSD"), in order to construct portions of College Boulevard Reaches B and C,
and Cannon Road Reach 3, and Drainage Detention Basin BJB; and
WHEREAS, Developer must acquire rights to this real property to build out their
development plan; and
WHEREAS, engineering conditions of approval were placed on the project which obligate
Developer to construct these offsite improvements; and
WHEREAS, the City views these on and off-site improvements as a benefit to the public,
and as such, agrees to accept the property from CUSD as stipulated in a Land Transfer
Agreement between the City, CUSD, and Calavera Hills II, LLC; and
WHEREAS, the purchase price for the property is $295,000, to be funded by Developer as
provided for in the Land Transfer Agreement; and
WHEREAS, Developer and CUSD are requesting that the City Council approve the
Land Transfer Agreement; and
WHEREAS, Developer desires to begin construction on this segment of the roadways and
detention basin immediately; and
WHEREAS, the acquisition of this real property was contemplated in the environmental
approval for the Calavera Hills Phase II, CT 00-02, master tentative map and LFMP 87-07(A)
4mendment; and
WHEREAS, the purchase price being paid has been agreed to by the developer and
CUSD.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
Zalifornia, as follows:
1. That the above recitations are true and correct;
2. That the Land Transfer Agreement by and between CUSD, Calavera Hills II, LLC
and the City of Carlsbad is hereby approved and the Mayor is authorized to sign said agreement
)n behalf of the City;
3. That upon receipt of the signed and notarized deeds from CUSD, the City Clerk is
authorized to record the deeds with the County Recorder on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
leld on the 18th day of FEBRUARY , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None /?
ATTEST
(SEAL)
AGREEMENT FOR TRANSFER OF REAL PROPERTY
INTERESTS NECESSARY FOR ROAD CONSTRUCTION
By and Between
THE CARLSBAD UNIFIED SCHOOL DISTRICT,
THE CITY OF CAIUSBAD
And
CALAVERA HILLS 11, LLC
This Agreement for Transfer of Real Property Interests Necessary for Road Construction
(“Agreement”) is made at Carlsbad, California, as of the 19 day of ,2003, by and
between the Carlsbad Unified School District (“District”), a public school district organized and
existing under the laws of the State of California (“State”), the City of Carlsbad (“City”), a
California general-law municipal corporation, and Calavera Hills 11, LLC (“Developer”), a
California limited liability company. The District, the City and the Developer may hereinafter
be referred to individually as “Party’’ and collectively as “Parties.”
RECITALS
A. The District is the owner of certain real property located within the City and
identified on Exhibit “A” attached hereto as AP# 168-050-19 (42.633 acres) and AP# 168-050-
46 (15.0 acres) (collectively, “School Site”). The Developer has obtained approvals (“Land Use
Entitlements”) from the City for development of real property located adjacent to and generally
to the west of the School Site (“Developer Property”). In connection with granting the Land Use
Entitlements for development of the Developer Property, the City is requiring that the Developer
construct portions of College Boulevard (Reach B) and Cannon Road (Reach 3) as partially
depicted in Exhibit “B” hereto. As illustrated on Exhibit B, the Land Use Entitlements approved
by the City anticipate that the Developer shall construct the hture intersection of College
Boulevard and Cannon Road (“Future Intersection”) and a portion of a storm-water detention
basin, Detention Basin BJB (“Detention Basin”) on a portion of the School Site. The Parties
anticipate that, in exchange for such construction and as partial consideration for entering into
this Agreement, the Developer will receive credit from the City to offset obligations arising from
development of the Developer Property to provide regional transportation infrastructure.
B. Construction of the Future Intersection and a portion of the Detention Basin will
result in a reduction of the area of the School Site. However, the Parties acknowledge that
construction of the portions of College Boulevard and Cannon Road described in Recital A will
facilitate better planning and coordination of development occurring in the area of the Developer
Property and the School Site, and so will be of benefit to the Parties and the public generally.
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For this reason, the Parties agree and acknowledge that the public benefit will be served by
entering into this Agreement to facilitate construction of the Future Intersection and the
Detention Basin, rather than the City undertaking an action in eminent domain to condemn the
necessary interests in the School Site. Each Party hereby acknowledges and agrees that entering
into this Agreement will best serve not only the public generally, but their own respective
interests as well.
C. In anticipation of the cooperation of the Parties in such regard, the Board of
Trustees of the District (“Board”) held a public hearing during its meeting on October 9,2002,
on the question of granting the necessary real property interests to the City. After receiving no
objections during the October 9,2002, hearing, the Board adopted Resolution No. 11-0203
authorizing the grant of such real property interests to the City, subject to the terms and
conditions of a written agreement therefor.
D. The Parties desire to enter into this Agreement in order to facilitate construction
of the Future Intersection and a portion of the Detention Basin, and to set forth each Parties’
rights and obligations in that regard, including’the rights and obligations of the District with
respect to transfer of real property interests to the City.
AGREEMENT
In Consideration of The Foregoing, and in consideration of the other terms, covenants
and conditions set forth herein, the Parties agree that:
Section 1. Conveyance of Interests in School Site. Subject to the terms and
conditions set forth in this Agreement, the District hereby agrees to convey, and the City hereby
agrees to accept, the real-property interests described in this Section. The District shall sign and
deliver to the City the grant deeds for such real-property interests, in the forms attached as the
Exhibits referenced in this Section, within five calendar days after receipt of the Developer
Payment (defined in Section 3).
(a) Fee Interests. The District shall transfer to the City in fee simple title all
that real property depicted and legally-described in the grant deed attached as Exhibit
(“Fee Area”). All portions of the School Site, less the Fee Area, shall be referred to
“Remaining District Property.” All of the Fee Area described in Exhibit C as
subject to the District’s reserved easement rights over, under and across such property for the
following purposes: (i) access, utilities and drainage facilities to serve the Remaining District
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Property; (ii) maintenance of the Remaining District Property; (iii) construction activities in
connection with construction on the Remaining District Property; (iv) with respect to property
lying outside the existing access easements underlying the (pre-transfer) westerly thirty (30) feet
of the School Site, any slopes or grading in connection with construction on the Remaining
District Property; and (v) with respect to property subject to the existing access easements
underlying the (pre-transfer) westerly thirty (30) feet of the School Site, if such easements
become no longer necessary to serve the real property currently benefitting therefrom, any slopes
or grading in connection with construction on the Remaining District Property. The District
shall not exercise such reserved rights in any manner that unreasonably interferes with the
construction, operation or maintenance of College Boulevard, Cannon Road, the Future
Intersection, the Detention Basin or any other improvements constructed by the Developer or the
City in the Fee Area (collectively, “Fee Area Improvements”).
(b) Inundation Easement. The District shall transfer to the City an inundation
easement over all that real property depicted and legally described in the deed of easement
attached as Exhibit “D hereto (“Inundation Easement”). The Inundation Easement shall permit
flood-water resulting from natural precipitation to back up or flow onto the Remaining District
Property within the area subject to the Inundation Easement (“Inundation Easement Area”). The
Inundation Easement shall provide that the District retains all other rights with respect to the
Inundation Easement Area, including the rights, in its discretion, to grade and fill, and to
construct on, all or any portion of the Inundation Easement Area. The grant deed for the
Inundation Easement provides that the grant and easement will terminate automatically, without
hrther action of the Parties, as to any portion of the Inundation Easement Area that has been
graded to an elevation of 76 feet or higher. The intent of such language shall be to effect an
“adjustment” of the area subject to the Inundation Easement if and when all or any portion of the
Inundation Easement Area is graded and filled to an elevation of 76 feet or higher. In any such
event, the City shall not unreasonably rehse or delay taking such action as is necessary to record
documents evidencing the termination of the grant and easement (including, without limitation,
duly authorizing, signing and delivering to District one or more quitclaim deeds) with respect to
any such portion of the Inundation Easement Area that has been filled to an elevation of 76 feet
or greater.
Section 2. Condition of TitidCondition of Property. Developer’s obligation to pay
the Developer Payment shall be subject to the condition that title to all of the real-property
interests to be conveyed to the City from the District pursuant to Section 1 shall be subject to
only (i) those exceptions to title set forth in Schedule B of the preliminary title report order no.
1 173041-6, issued by First American Title Insurance Company, dated as of November 25,2002,
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and attached hereto as Exhibit “E,” and (ii) a license for temporary water lines granted or to be
granted to Pacific Southwest Biological Surveys, Inc., in the form of Exhibit “F” attached hereto
(collectively, the “Permitted Exceptions). The District in no event shall be construed as or
deemed to be a guarantor of the title to the real-property to be conveyed to the City, and the City
may, if it desires, obtain a policy of title insurance from a title insurance company. The
District’s only obligation pursuant to this Section is that, prior to conveyance of same to the
City, the District shall not impose any new liens or encumbrances of any nature on the real
property interests to be so conveyed to the City, other than the Permitted Exceptions. The
District shall transfer all real property and real-property interests as described in Section 1 to the
City in an “as is” condition. The District does not make, and hereby expressly disclaims,
without limitation, any and all representations and warranties as to the environmental,
geological, physical or other condition of such property and property interests, whether express
or implied. Not later than fifteen (1 5) calendar days after signature and delivery of this
Agreement by all Parties, the District shall: (i) cause all leases or other occupancy agreements
affecting the real-property interests to be conveyed to the City from the District pursuant to
Section 1, if any, to be effectively terminated with respect to such property; and (ii) cause the
barn, packing shed or other similar structures located in the Fee Area to be removed from such
area. The foregoing shall not be construed to require that the District remove any improvements
from such area other than above-ground buildings, if any such other improvements exist,
including, but not limited to, any pipelines, drainage facilities, other underground conduits or
facilities, and above-ground electrical or other facilities, whether known or unknown to the
District.
Section 3. Puyment to District. Within ten (10) calendar days of the signature and
delivery of this Agreement by all of the Parties, the Developer shall pay to the District, in cash or
by cashier’s check, the sum of two hundred ninety-five thousand three hundred and sixty dollars
($295,360.00) (“Developer Payment”). Receipt of the Developer Payment shall constitute full
and final payment to the District in the amount of two hundred seventy-five thousand three
hundred and sixty dollars ($275,360.00) for the real property interests granted pursuant to
Section 1. Receipt of the Developer Payment shall also constitute full and final payment to the
District in the amount of twenty thousand dollars ($20,000.00) for costs incurred by the District
related to entering into this transaction. In no event (other than a failure in the delivery of title to
real property interests in the condition required under Section 2 above, which failure is
discovered on or before the conveyance of such title) shall the Developer or the City be entitled
to reimbursement of any portion of the amount paid to the District in exchange for such real-
property interests, including, without limitation, in the event of a termination of all or any
portion of the Inundation Easement. In no event shall the Developer or the City be entitled to
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reimbursement of any portion of the amount paid to the District to cover its costs of entering into
this transaction. Except for any other amounts for which the Developer andor the City may
become liable pursuant to this Agreement, the Developer Payment shall constitute the full
payment of all monetary amounts due to the District in connection with this transaction.
Section 4. No Further District Obligation. Subject to satisfaction by the District of
its obligations pursuant to Section 1 of this Agreement, the District shall be deemed to have fully
satisfied any and all obligations to the City, if any, related to hnding of all portions of College
Boulevard and Cannon Road (including, without limitation, construction, land acquisition and
utilities) other than any future extension of Cannon Road along the southerly boundary of the
School Site from the Future Intersection generally toward the north-east (“North-East Cannon
Extension”). With respect to all portions of College Boulevard and Cannon Road other than the
North-East Cannon Extension, the City shall not hereafter require any fee, exaction, assessment
or other charge, however characterized, in connection with development of or construction on
the Remaining District Property. Nothing in this Section shall be construed or deemed to be an
admission by the District that it is, or would have been, obligated in the foregoing manner.
Developer is not a party to the provisions of this Section 4, and nothing in this Section shall be
construed to impose on the Developer any obligation or liability to the District, or to impose on
the District any obligation or liability to the Developer.
Section 5. Utility Connections. The Parties acknowledge that sewer utility facilities
are presently located along the westerly boundary of the School Site (“Sewer Lines”). The plans
and specifications for construction of the Future Intersection and the other portions of College
Boulevard and Cannon Road, as described above, provide that the Developer will construct
water utility facilities therein, as depicted in Exhibit “G’ attached hereto (“Water Lines”). The
City acknowledges and agrees that the District, upon undertaking construction on the Remaining
District Property, shall as appropriate be able to connect to and use the Sewer Lines and Water
Lines at some point(s) along, as applicable, the boundary or frontage of the Remaining District
Property. The City and the Developer agree that they shall not take any unreasonable action to
deviate from current plans, as set forth in Exhibit G, for construction of the Water Lines
(including, but not limited to, any unreasonable delay in construction) that will unreasonably
impair the District’s right to connect to and use the Water Lines at some point(s) along, as
applicable the boundary or frontage of the Remaining District Property.
Section 6. Access and Access Gate. If, at any time prior to completion of
construction of the Fee Area Improvements, the Developer blocks or prevents use of any existing
access routes (ingress and egress) to the Remaining District Property by the District or any
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tenants or lessees of the Remaining District Property, and there is no reasonably-equivalent
alternative access route available, then the Developer shall provide an alternative access route
over and across some portion of the real property subject to the interests granted to the City
pursuant to Section 1. The Developer shall not unreasonably restrict access by Holly Springs,
Ltd., owner of real property lying generally south of the School Site (“Holly Springs Property”),
which is entitled to access over and across a portion of the School Site pursuant to a temporary
easement recorded on August 26,1998, as document number 1998-0543266. The Developer
shall install a gate in the location depicted on Exhibit B, in order to provide access to the
Remaining District Property and the Holly Springs Property after completion of the Future
Intersection. Unless a different standard is mandated by the City, such gate shall be constructed
of large-diameter (minimum 3 inches) heavy-gauge steel pipe, with underground vertical
support-members embedded in concrete, and shall be capable of being locked by means of
interlocking padlocks of various parties. Thereafter, such access shall remain available for use
by the District, Holly Springs and others until such time as completion of the extension of
Cannon Road toward the northeast from the intersection of Cannon Road and College Boulevard
provides public access to the Remaining District Property and the Holly Springs Property.
Section 7. Notice and Observation of Work. The Developer shall provide written
notice to the District: (i) prior to the initial commencement of construction of the Fee Area
Improvements by the Developer or any contractor, subcontractor, or other party acting on behalf
of the Developer (all such contractors, subcontractors, and other parties acting on behalf of the
Developer shall herein be referred to as the “Developer Representatives”); and (ii) promptly
following the completion of construction of the Fee Area Improvements.
Section 8. Condition of Remaining District Property.
(a) No Entry on Remaining District Property. Neither the Developer nor any
other party shall enter the Remaining District Property, or conduct any construction or other
activities thereon, unless otherwise agreed to in writing by District. If, for any reason, Developer
or any Developer Representatives enters onto the Remaining District Property prior to the
completion of the Fee Area Improvements, then Developer shall repair and correct any damage
or disturbance to the Remaining District Property resulting from such entry.
(b) Removal of Construction Materials and Trashfiom Remaining District
Property. If any trash or construction materials relating to the construction of the Fee Area
Improvements are placed or become located on the Remaining District Property, then Developer,
at its sole cost, promptly shall remove such trash and construction materials from the Remaining
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District Property. Nothing herein shall be construed to permit Developer or any other party to
place or store any trash, materials or equipment on the Remaining District Property, even on a
temporary basis.
(c) Hazardous Materials. During the construction of the Fee Area
Improvements, the Developer shall not introduce or release any Hazardous Materials in, to,
from, under or on any portion of the Remaining District Property, or bring any Hazardous
Materials onto or across any portion of the Remaining District Property. For the purposes of this
Agreement, “Hazardous Materials” means any hazardous, explosive, radioactive or toxic
substance, material or waste that is regulated by any federal, State or local governmental
authority, including, without limitation, any material or substance that is regulated, defined or
listed as (i) a “hazardous waste,” “extremely hazardous waste,” “restricted hazardous waste,”
“hazardous substance,” “hazardous material,” “pollutant” or “contaminant” under any law, rule,
regulation, ordinance or court or administrative ruling, notice, order or decision, (ii) a petroleum
or a petroleum derivative, (iii) a flammable explosive, (iv) a radioactive material, (v) a
polychlorinated biphenyl, or (vi) asbestos, an asbestos derivative or an asbestos containing
material.
Section 9. Indemnification of District By Developer. All persons who, for any
reason whatsoever, enter in and upon any portion of the Remaining District Property do so at
their own risk, and shall comply with all necessary and reasonable instructions and directions of
the District with respect to use of the Remaining District Property. As a material part of the
consideration for this Agreement, the Developer hereby agrees to indemnify, defend and hold the
District harmless (except to the extent of the negligence or willful misconduct of the District or
any District Representatives) from and against any loss, damage, injury, accident, fire or other
casualty, liability, claim, lawsuit, cost or expense (including but not limited to attorneys’ fees
and costs) of any kind or character to any person or property arising or resulting from, or caused
by, the entry or presence on any portion of the Remaining District Property of the Developer or
any of the Developer Representatives prior to the completion of the Fee Area Improvements.
The Developer acknowledges and agrees that the District has no responsibility for loss of any
property belonging to the Developer or any of the Developer Representatives, by theft or
otherwise, except to the extent that such loss is caused by the District, and the District has no
obligation to provide any security with respect to any property belonging to the Developer or any
of the Developer Representatives. The rights and obligations set forth herein shall not be
deemed or construed to be limited by any insurance obtained or maintained by any of the Parties,
or by the coverage limits thereof. The rights and obligations set forth in this provision shall
survive expiration or termination of this Agreement.
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Section IO. Indemnification of City By Developer. The Developer hereby confirms to
City that the obligations of Developer to City pursuant to the Subdivision Improvement
Agreement CT 00-02, executed by Developer as of October 4,2002, remain in effect and
binding upon Developer, and Developer specifically acknowledges and agrees that its
obligations to indemnify the City pursuant to Paragraph 17 of the Subdivision Improvement
Agreement are applicable to acts or omissions by the Developer pursuant to this Agreement.
Section II. Indemnification of City By District. As a material part of the
consideration for this Agreement, the District hereby agrees to indemnify, defend and hold the
City harmless, except to the extent of the negligence or willful misconduct of the City, or any
employee, agent, contractor, subcontractor, or other party acting on behalf of the City
(collectively, “City Representatives”), from and against any loss, damage, injury, accident, fire
or other casualty, liability, claim, lawsuit, cost or expense (including but not limited to attorneys’
fees and costs) of any kind or character to any person or property arising or resulting from, or
caused by, the entry or presence on any portion of the Fee Area of the District or any of the
District Representatives prior to the completion of the Fee Area Improvements. The District
acknowledges and agrees that the City has no responsibility for loss of any property located in
the Fee Area belonging to the District or any of the District Representatives, by theft or
otherwise, except to the extent that such loss is caused by the City, and the City has no
obligation to provide any security with respect to any property belonging to the District or any of
the District Representatives. The rights and obligations set forth herein shall not be deemed or
construed to be limited by any insurance obtained or maintained by any of the Parties, or by the
coverage limits thereof. The rights and obligations set forth in this provision shall survive
expiration or termination of this Agreement.
Section 12. Incorporation of Recitals and Exhibits. Each Recital stated herein, and
each Exhibit referenced herein or attached hereto, is incorporated into and is an effective and
operative part of this Agreement.
Section 13. Interpretation Guides. In interpreting this Agreement, it shall be deemed
to have been prepared by the Parties jointly, and no ambiguity shall be resolved against a Party
based on the premise that such Party or its attorneys were responsible for drafting this
Agreement or any provision hereof. The captions or headings set forth in this Agreement are for
reference purposes only and in no way define, limit, or describe the scope or intent or any
Sections, Subsections, or other provisions of this Agreement. Any reference in this Agreement
to a Section or Subsection, unless specified otherwise, shall be a reference to a Section or
Subsection of this Agreement.
BAW&GIBWS186322 v. 6 (Final)
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Section 14. Amendments Must Be In Writing. This Agreement may not be modified
except by means of a duly authorized, signed and delivered written document.
Section 15. Entire Agreement. This Agreement contains the entire agreement and
understanding concerning the subject matter set forth herein, and this Agreement supersedes and
replaces all prior negotiations and proposed agreements, written or oral, except as they are
included in this Agreement. Each Party acknowledges that neither the other Parties nor their
agents or attorneys have made any promise, representation, or warranty whatsoever, express or
implied, not contained herein to induce the execution of this Agreement and that this Agreement
has not been executed in reliance upon any promise, representation, or warranty not contained
herein.
Section 16. Representation by Independent Counsel. The Parties agree and
acknowledge that each Party has been represented by independent legal counsel of its own
choice throughout all negotiations preceding the signing and delivery of this Agreement, and that
each Party has signed and delivered this Agreement with the consent of, and upon the advice of,
its own legal counsel.
Section 17. No Third Party Beneficiaries. This Agreement is entered into solely for
the benefit of the Parties, and no other person or entity shall be entitled, directly or indirectly, to
base any claim or to have any right arising from, or related to, this Agreement.
Section 18. Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of the duly authorized successors and assigns of the Parties.
Section 19. Severability. If any part of this Agreement is held to be void, illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
Section 20. Venue for Resolving Disputes. Any arbitration, litigation or other
proceeding arising out of this Agreement shall be conducted only in the County of San Diego.
Section 21. California Law Governs. This Agreement and all rights and obligations
arising out of it shall be construed in accordance with the laws of the State.
Section 22. Notices. All notices, demands, and communications between the Parties
shall be duly addressed as indicated below and delivered via: (i) personal delivery (delivery
BAW&GIBWS/86322 v. 6 (Final) 3042.85 01-27-03 -9- CollegdCannon Agreement
receipt requested); (ii) registered or certified mail (postage prepaid and return receipt requested);
(iii) Federal Express or other reliable private express delivery; or (iv) facsimile transmission
(with original sent via first-class U.S. mail within twenty-four (24) hours). Such notices,
demands, or communications shall be deemed given only upon receipt by the addressee. Any
Party to this Agreement may change its below-specified name, address, facsimile number, or
person to whom attention should be directed by giving notice as specified in this Section. A
copy of any notice, demand, or communication sent to a Party shall also be sent to that Party’s
legal counsel. Notices, demands, and communications shall be addressed as follows:
To District:
Carlsbad Unified School District
Attn: Gaylen Freeman, Asst. Superintendent
801 Pine Avenue
Carlsbad, CA 92008-2439
Fax NO. (760) 729-9685
To City:
City of Carlsbad
Attn: Glenn Pruim, Deputy Public Works Director
163 5 Faraday Avenue
Carlsbad, CA 92008
Fax No. (760) 602-8562
To DeveloDer:
Calavera Hills 11, LLC
Attn: Brian Milich
2727 Hoover Avenue
National City, CA 91950
Fax No. (619) 336-3596
To District’s Legal Counsel:
Bowie, Ameson, Wiles & Giannone
Attn: Brian W. Smith
4920 Campus Drive
Newport Beach, CA 92660
Fax NO. (949) 851-2014
To City’s Legal Counsel:
Office of the City Attorney
Attn: Ronald R. Ball
1200 Carlsbad Village Drive
Carlsbad, CA 92008
Fax No. (760) 434-8367
To Develouer’s Legal Counsel:
Hogan, Guiney, Dick
Attn: W. Terrance Guiney
225 Broadway, Suite 1900
San Diego, CA 92101
Fax No. (619) 234-6466
Section 23. Counterparts. This Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
Section 24. Eflective Date. This Agreement shall be effective as of the date noted on
page one (1) of this Agreement.
Section 25. Term. This Agreement shall terminate upon the earlier of: (i) three years
from the Effective Date; or (ii) the recording of a notice of completion for construction of the
Fee Area Improvements. However, in no event shall termination of this Agreement be deemed
or construed to terminate or obviate any obligations or provisions herein that logically should
BAW&GIBWS186322 v. 6 (Final)
3042.85 01-27-03 -10- College/Cannon Agreement
15
survive termination of this Agreement (e.g., indemnification for matters occurring within the
period an indemnification provision is applicable, access to the Remaining District Property and
Holly Springs Property, and District rights to utility connections).
Section 26. Due Authority of Signatories. Each individual signing this Agreement
warrants and represents that he or she has been duly authorized by appropriate action of the Party
that he or she represents to enter into this Agreement on behalf of such Party.
In Witness Whereof; the undersigned execute this Agreement on behalf of the Parties.
Carlsbad Unified School District
By:
Superrtendent, Business Services Print Title: fi gc>K
I
Approved as to Form: Approved as to Form:
Bowie, Ameson, Wiles & Giannone Ronald R. Ball, Carlsbad City Attorney
By: ByB* &&
Brian W. Smith, Attorneys for eputy City Attorney
the Carlsbad Unified School District c/
Calavera Hills II, LLC
a California Limited Liability Company
By: Its Manager, McMillin Companies, L.L.C.
By:
Print Title: 5 u,,@
BAW&G/BWS/86322 v. 6 (Final) 3042.85 01-27-03 -1 1- CollegdCannon Agreement
McMillin Land Development A Corky McMlllin Company
1 STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO 1
On Feb. 28.2003 , before me, Brenda N. Henderson, Notarv Public
personally appeared Brian Milich & Don Mitchell, personally known to me to be the persons
whose names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on the instrument
the persons or the entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
This area for offidal notarial sed
Calavera Hills II. LLC Aqreement for Transfer of Real ProPertv Interests for Road Construction bv and
between The Carlsbad Unified School District and the Citv of Carlsbad
A\\ A\\ At\ A\\ A\\ McMillin Realty 'McMiIlin Mortgage McMillin Land Development McMillin Homes McMillin Commercial
CORPORATE OFFICE 2727 HOOVER AVENUE NATIONAL CITV, CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 WIXUnillin COm
Notary FmZ McMillin Comanies
EXHIBIT “A”
[Depiction of School Site]
BAW&GIBWS/86322 v. 6 (Final)
3042.85 01-27-03 A- 1 College/Cannon Agreement
I7
FEE. 7. 2003 10:49AM BAWG 949 851 0208
EXHIBIT A
APf 166-050-03
AP# 168-050- 19
AP/ t68-050-26
HOLLY SPRINGS, LTD. '
PER R.O.S. 7918
EXHIBIT A /:a
EXHIBIT “B”
[Partial Depiction of College Road/Cannon Boulevard Extensions]
BAW&G/BWS/86322 v. 6 (Final) 3042.85 01-27-03 B-l CollegdCannon Agreement
19
FEB. 7. 2003 10:49AM BAWG 949 851 0208 NO. 6751 P. 3 g:
EXHIRIT B
I
I
I
i
I I
!
I
I
20
BAW&GiBWS/86322 Y. 6 (Final)
3042.85 01-27-03
EXHIBIT “C”
[Grant Deed for Fee Area]
c- 1 College/Cannon Agreement
21
(v) with respect to the portion of Parcel A that is subject to the access easements currently
underlying the (pre-transfer) westerly thirty (30) feet of the School Site, if such easements
become no longer necessary to serve the real property currently benefiting therefrom, any
slopes or grading in connection with construction on the Remaining District Property.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO
On Am4 19. ~903 before me, Name: Cheryl Ernst d&& i,. &*e.*& Ahf.a 6% flab& (Type or Print)
(here insert name and title of the officer)? personally appeared @ked 6/u, sf. I Title: Superintendent
personally known to me (-f (Type or Print) 4) to be the persono whose namets)
ish subscribed to the within instrument and acknowledged
to me that ke/she/tkey executed the same in.kis/her/tbeir
authorized capacity-), and that byWe/herMr signature@) on the instrument the person(e), or the entity upon behalf of which the person(* acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
!
JANUARY 23, 2003
J.N. 981020
PAGE 1 OF 4
EXHIBIT "A"
LEGAL DESCRIPTION
P.R. 02-52
FEE TITLE ACQUISITION
PARCEL ' A '
THAT PORTION OF LOT E 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 SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 16 AS SHOWN ON RECORD OF SURVEY NO. 17111,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
AUGUST 14, 2001; THENCE ALONG THE EAST LINE OF SAID RECORD OF
SURVEY NO. 17111 NORTH 04'13'22'' EAST 413.20 FEET TO A POINT ON
THE NORTHEASTERLY RIGHT-OF-WAY OF FUTURE COLLEGE BLVD.; SAID
POINT BEING THE TRUE POINT OF BEGINNING:
THENCE CONTINUING ALONG SAID EAST LINE OF RECORD OF SURVEY NO.
17111 NORTH 04'13'22'' EAST 550.56 FEET; THENCE NORTH 01'05'41"
EAST 318.54 FEET; THENCE LEAVING SAID EAST LINE SOUTH 88'54'19''
EAST 30.00 FEET; THENCE SOUTH 01'05'41" WEST 20.84 FEET; THENCE
SOUTH 01'26'44" EAST 86.94 FEET; THENCE SOUTH 0'01'17'' WEST 51.21
FEET; THENCE SOUTH 00'19'37" WEST 106.20 FEET; THENCE SOUTH
01O54'37" WEST 96.72 FEET; THENCE SOUTH 03'52'54'' WEST 127.55
FEET; THENCE SOUTH 03'03 '49" WEST 176.53 FEET; THENCE SOUTH
03'52'24'' WEST 94.26 FEET; THENCE SOUTH 03'58'34'' WEST 68.37
FEET; THENCE SOUTH 37'57'32'' EAST 127.41 FEET; THENCE SOUTH
53'15'17'' WEST 35.54 FEET TO THE BEGINNING OF A TANGENT 25.00
FOOT RADIUS CURVE, CONCAVE TO THE NORTH, THE CENTER POINT OF
SAID CURVE BEARS SOUTH 36'44'43'' EAST; THENCE WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 88'47'11" AN ARC DISTANCE 38.74
FEET; THENCE NORTH 37'57'32'' WEST 98.54 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 39,290 SQ. FT = 0.90 ACRES
W:\MSOFFICE\WINWORD\981020\021206 9820FeeTitleAcq.doc P.R. 02-52
JANUARY 23, 2003
J.N. 981020
PAGE 2 OF 4
PARCEL 'B'
THAT PORTION OF LOT E 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 SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 16 AS SHOWN ON RECORD OF SURVEY NO. 17111,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
AUGUST 14, 2001; THENCE ALONG THE EAST LINE OF SAID RECORD OF
SURVEY NO. 17111 NORTH 04'13'22'' EAST 80.79 FEET TO A POINT ON
THE SOUTHEASTERLY RIGHT-OF-WAY OF FUTURE CANNON ROAD; SAID POINT
BEING THE TRUE POINT OF BEGINNING:
THENCE CONTINUING SOUTHERLY ALONG SAID EAST LINE OF RECORD OF
SURVEY 17111 NORTH 04O13'22" EAST 332.41 FEET; THENCE LEAVING
SAID EAST LINE OF RECORD OF SURVEY 17111 SOUTH 37'57'32'' EAST
98.55 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS
CURVE, CONCAVE TO THE NORTH, THE CENTER POINT TO SAID CURVE
BEARS SOUTH 52'02'28'' WEST; THENCE EASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE 88'47'11" AN ARC DISTANCE 38.74 FEET;
THENCE NORTH 53O15'17" EAST 13.67 FEET; THENCE SOUTH 36'44'43"
EAST 118.00 FEET TO THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS
CURVE, CONCAVE TO THE EAST, THE CWTER POINT TO SAID CURVE BEARS
SOUTH 36O44'43" EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE 91'34'33" AN ARC DISTANCE OF 39.96 FEET TO A POINT
OF COMPOUND CURVATURE WITH A TANGENT 5439.00 FOOT RADIUS CURVE,
CONCAVE TO THE EAST, THE CENTER POINT TO SAID CURVE BEARS NORTH
51'40'44'' EAST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OOO28'39" AN ARC DISTANCE OF 45.33 FEET; THENCE
SOUTH 53'15'17'' WEST 112.07 FEET TO A POINT ON A 5551.00 FOOT
RADIUS CURVE, CONCAVE TO THE EAST, THE CENTER POINT TO SAID
CURVE BEARS NORTH 51'14 ' 34" EAST; THENCE NORTHERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE 00'22'45'' AN ARC DISTANCE OF 36.73
FEET TO A POINT OF REVERSE CURVATURE WITH A TANGENT 25.00 FOOT
RADIUS CURVE, CONCAVE TO THE SOUTH, THE CENTER POINT TO SAID
CURVE BEARS SOUTH 51'37 '19" WEST; THENCE CONTINUING WESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE 88'22'02'' AN ARC
W:\MSOFFICE\WINWORD\981020\021206 982OFeeTitleAcq.doc P.R. 02-52
25
JANUARY 23, 2003
J.N. 981020
PAGE 3 OF 4
DISTANCE OF 38.56 FEET; THENCE SOUTH 53O15'17" WEST 96.91 FEET TO
THE TRUE POINT OF BEGINNING.
AREA = 39,702 SQ. FT. = 0.91 ACRES
PARCEL 'C '
THAT PORTION OF LOT E 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 SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 16 AS SHOWN ON RECORD OF SURVEY NO. 17111
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
AUGUST 14, 2001 ; THENCE ALONG THE EAST LINE OF SAID RECORD OF
SURVEY NO. 17111 NORTH 04O13'22" EAST 80.79 FEET; THENCE LEAVING
SAID EAST LINE NORTH 53O15'17" EAST 96.91 FEET TO THE BEGINNING
OF A TANGENT 25.00 FOOT RADIUS CURVE, CONCAVE TO THE SOUTH, THE
CENTER POINT TO SAID CURVE BEARS SOUTH 36O44'43" EAST; THENCE
EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 88O22'02" AN
ARC DISTANCE OF 38.56 FEET TO A POINT OF REVERSE CURVATURE WITH
A TANGENT 5551.00 FOOT RADIUS CURVE, CONCAVE TO THE EAST, THE
CENTER POINT TO SAID CURVE BEARS NORTH 51O37'19" EAST; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 00°22 ' 45" AN
ARC DISTANCE OF 36.73 FEET; THENCE SOUTH 53O15'17" WEST 176.03
FEET TO THE POINT OF BEGINNING.
AREA = 8,938 SQ. FT. = 0.21 ACRES
W:\MSOFFICE\WINWORD\981020\021206 982OFeeTitleAcq.doc P.R. 02-52
JANUARY 23, 2003
J.N. 981020
PAGE 4 OF 4
PARCEL 'D'
THAT PORTION OF LOT E 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 SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 16 AS SHOWN ON RECORD OF SURVEY NO. 17111,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
AUGUST 14, 2001; THENCE ALONG THE EAST LINE OF SAID RECORD OF
SURVEY NO. 17111 NORTH 04O13'22" EAST 413.20 FEET TO A POINT ON
THE NORTHEASTERLY RIGHT-OF-WAY OF FUTURE COLLEGE BLVD.; THENCE
ALONG SAID FUTURE RIGHT-OF-WAY SOUTH 37O57'32" EAST 98.54 FEET TO
THE BEGINNING OF A TANGENT 25.00 FOOT RADIUS CURVE CONCAVE TO
THE NORTH, THE CENTER POINT OF SAID CURVE BEARS NORTH 52O02'28"
EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 88O47'11" AN ARC DISTANCE OF 38.74 FEET; THENCE NORTH
53'15'17'' EAST 13.67 FEET TO THE TRUE POINT OF BEGINNING:
THENCE NORTH 53O15'17" EAST 70.62 FEET; THENCE SOUTH 36O44'43"
EAST 45.02 FEET; THENCE SOUTH 53'15'17'' WEST 70.62 FEET; THENCE
NORTH 36O44'43" WEST 45.02 FEET TO THE TRUE POINT OF BEGINNING.
AREA = 3,179 SQ. FT = 0.07 ACRES
W:\MSOFFICE\WINWORD\981020\021206 9820FeeTitleAcq.doc P.R. 02-52
CDNSULfA/FIfS
2710 Loker Ave. W. 760-931-7700
92008
0' loo' 400'
SCALE: 1' = 800'
I
EXHIBIT "B" SHT. f OF 6 SHTS.
Rh! 02-52
APN 1"050-?9
II DA TA TABLE EXISTING EASEMENTS
DA TA TABLE
0’ 25’ loo’ v I 200’
3
CONSULTA/flTS
2710 Loker Ave. W. 760-931-7700
92008
PAAlcEL ‘A’
DA TA TABLE
0' 25' 100'
'cw* 50
SCALE: 1" = 100'
I
EXHIBIT "B" SHT. 4 OF 6 SHTS.
DA TA TABLE
0' 25' 100' v 1 200'
CDNSULfmTS
2710 Loker Ave. W. 760-931-7700
I
EXHIBIT "B" SHT. 5 OF 6 SHTS.
EXHIBIT “D”
[Deed of Easement for Inundation Area]
BAW&G/BWS/86322 v. 6 (Final)
3042.85 01-27-03 D- 1 College/Cannon Agreement
3. All or a portion of the Easement shall be temporary in nature, to reflect current area made
subject to inundation by construction of College Boulevard and Cannon Road. Therefore,
the Easement shall terminate automatically, without further action by Grantor or Grantee, as
to any portion of the Easement Area that is hereafter graded to an elevation of 76 feet or
higher. Upon request of Grantor, Grantee shall not unreasonably refuse or delay taking
such action as is necessary to record documents evidencing the termination of this grant
with respect to any portion of the Easement Area that has been graded to an elevation of 76 feet or higher (including, without limitation, duly authorizing, signing and delivering to
Grantor one or more quitclaim deeds).
STATE OF CALIFORNIA 1
COUNTY OF SAN DlEGO 1 )
On 4ar~.r6 /3, 3~0 3 before me, Name: Cheryl Ernst .Ad;& 6. &*e;# N&ak fibkc (Type or Print) (here insert name and title of the’officer),J personally appeared @he*/ &#sf I Title: Superintendent
personally known to me (-f (Type or Print)
-) to be the person@ whose name@)
is/rwesubscribed to the within instrument and acknowledged
to me that Mshe/tby executed the same inkis/her/Wr
authorized capacity(&), and that by kic/her/tReir signaturem
on the instrument the person@, or the entity upon behalf of which the personw acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
I Word\Maslers\Forrns\Grant Deed of Easement - City 6/1mo 36
JANUARY 16, 2003
J.N. 981020
PAGE 1 OF 2
EXHIBIT "A"
LEGAL DESCRIPTION
P.R. 02-53
QUITCLAIMABLE INUNDATION EASEMENT
THAT PORTION OF LOT E 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 SAN DIEGO COUNTY ON NOVEMBER 16, 1896, DESCRIBED AS FOLLOWS:
BEGINNING AT POINT 16 AS SHOWN ON RECORD OF SURVEY NO. 17111
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON
AUGUST 14, 2001; THENCE ALONG THE EAST LINE OF SAID RECORD OF
SURVEY NO. 17111 NORTH 04O13'22'' EAST 963.76 FEET; THENCE NORTH
01'05'41'' EAST 318.54 FEET TO THE TRUE POINT OF BEGINNING; THENCE
LEAVING THE EAST LINE OF SAID RECORD OF SURVEY NO. 17111 SOUTH
88'54'19" EAST 30.00 FEET; THENCE SOUTH 01'05'41'' WEST 20.83
FEET; THENCE SOUTH 01O26'44" EAST 86.94 FEET; THENCE SOUTH
00'01'17'' WEST 51.21 FEET; THENCE SOUTH 00O19'37'' WEST 106.20
FEET; THENCE SOUTH OlO"'37'' WEST 96.72 FEET; THENCE SOUTH
03'52'54'' WEST 127.55 FEET; THENCE SOUTH 03O03'49" WEST 176.53
FEET; THENCE SOUTH 03O52'24" WEST 94.26 FEET; THENCE SOUTH
03'58'34'' WEST 68.37 FEET; THENCE SOUTH 37'57'32'' EAST 127.41
FEET; THENCE NORTH 53O15'17'' EAST 25.39 FEET; THENCE NORTH
26'23'39'' EAST 5.99 FEET; THENCE NORTH 24O58'01" EAST 4.34 FEET;
THENCE NORTH 23'56'26" EAST 3.29 FEET; THENCE NORTH 23"17'35"
EAST 1.53 FEET; THENCE NORTH 22'37 '15" EAST 3.47 FEET; THENCE
NORTH 21'28'56" EAST 5.00 FEET; THENCE NORTH 15'54'43" EAST 18.67
FEET; THENCE NORTH 02O03 '44" WEST 46.94 FEET; THENCE NORTH
14O19'35'' EAST 56.52 FEET; THENCE NORTH 12O47'22" EAST 27.03
FEET; THENCE NORTH 00'00'42'' WEST 28.45 FEET; THENCE NORTH
22'48'09" WEST 54.77 FEET; THENCE NORTH 05O36'36'' EAST 64.27
FEET; THENCE NORTH 19'21'32" WEST 86.39 FEET; THENCE NORTH
00'10'08'' WEST 83.15 FEET; THENCE NORTH 19OO8'41'' EAST 109.24
FEET ; THENCE NORTH 05'47 ' 33 " EAST 100.3 9 FEET; THENCE NORTH
05'48'27'' WEST 52.24 FEET; THENCE NORTH 19'13'33" WEST 78.88
FEET; THENCE NORTH 16O43'22" WEST, 81.52 FEET; THENCE NORTH
65'54'38'' WEST 34.59 FEET; THENCE NORTH 34'48'44" WEST 19.51
W:\MSOFFICE\WINWORD\98102O\QUITCLAIMABLE.LGL.doc P.R. 02-53
37
JANUARY 16, 2003
J.N. 981020
PAGE 2 OF 2
FEET; THENCE NORTH 07O47'45" WEST 11.44 FEET; THENCE NORTH
88O54'19" WEST 33.41 FEET MORE OR LESS TO A POINT IN THE EAST
LINE OF SAID RECORD OF SURVEY NO. 17111; THENCE SOUTH 01°05'41"
WEST ALONG SAID EAST LINE 11.38 FEET TO THE TRUE POINT OF
BEGINNING.
AREA = 79,445 SQ FT. = 1.82 ACRES
P.R. 02-53
78
-MAP
NO Sc4LE
x CONSULT
2710 Loker Ave. W. 760-931-7700
Carlsbad, CA 760-931 "8680
Suite 100 Fax:
92008
1988-0865495 & 19#-0805496 (g( NO. 32014 )b) DP. 12/31/04
I DA TA TABLE DATA TABLE
I (NO) I DELTA/BEARING I RADIUS I LENGTH I
0' 25' 1 00'
2W' .. SCALE: 1" = 10'
DA TA TABLE DATA TABLE
I""'_"""" "_ """""
"- ""-" "-
, ~XEsHrirf Fm
\\ Tm CF EMS77NG
I
\ CONSULT
2710 Loker Ave. W. 760-931-7700
Corlsbad. CA 760-931-8680 Suite 100 FOX:
92008
0' 25' 100' \\
\\
LI.00- 50 ..
I I
EXHIBIT "E" SHT. 3 OF 3 SHTS.
BAW&G/BWS/86322 v. 6 (Final)
3042.85 01-27-03
EXHIBIT “E”
[Preliminary Title Report]
E- 1 CollegeiCannon Agreement
92
ORDER NO. 1173041-6
FIRST AMERICAN TITLE INSURANCE COMPANY
411 IVY STREET, SAN DIEGO, CALIFORNIA 92101
P.O. BOX 808, SAN DIEGO, CALIFORNIA 92112 (619) 238-1776
NOVEMBER 25,2002
MC MILLIN COMPANIES
2727 HOOVER AVE.
NATIONAL CITY, CA 92050
ATTENTION: DON MITCHELL
YOUR REF. CAIUSBAD SCHOOL DISTRICT
OUR ORDER NO. 1 17304 1-6
IN RESPONSE TO THE HEREIN REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE,
THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS
OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND
AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS
WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN
OR REFERRED TO AS AN EXCEPTION HEREIN OR NOT EXCLUDED FROM COVERAGE PURSUANT
TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS.
THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR
POLICIES ARE SET FORTH HEREIN. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY
ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT.
PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS
AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY. THE
EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS
WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND
SHOULD BE CAREFULLY CONSIDERED.
IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN
REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS,
DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND.
DATED AS OF NOVEMBER 15,2002 AT 7:30 A.M.
DIRECT DIAL PHONE 231-4654 FAX NO. 231-4647
PAGE 1
43
ORDER NO. 1173041-6
THE FORM OF POLICY TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS:
PRELIM/BILL
TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:
OCEANSIDE-CARLSBAD UNION HIGH SCHOOL DISTRICT, AS TO PARCEL A AND CARLSBAD
UNIFIED SCHOOL DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA, AS
TO PARCEL B
THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO
COVERED BY THIS REPORT IS:
FEE
THE LAND REFERRED TO HEREIN IS DESCRIBED AS FOLLOWS:
(SEE ATTACHED LEGAL DESCRIPTION)
AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED
EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS
FOLLOWS:
1. THE LIEN OF SUPPLEMENTAL TAXES OR ASSESSMENTS, IF ANY, ASSESSED
PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA
REVENUE AND TAXATION CODE AND ANY OTHER APPLICABLE STATUTES OF THE
CALIFORNIA REVENUE AND TAXATION CODE.
SUPPLEMENTAL TAXES:
THE REQUIREMENT THAT THIS COMPANY BE FURNISHED WITH ALL
SUPPLEMENTAL TAX BILLS, IF ANY, FROM THE OWNER OF THE HEREIN DESCRIBED
PROPERTY BEFORE CLOSE OF ESCROW.
2. AN EASEMENT FOR EITHER OR BOTH POLE LINES, UNDERGROUND CONDUITS
AND INCIDENTAL PURPOSES TOGETHER WITH THE RIGHT OF INGRESS AND
EGRESS IN FAVOR OF SAN DIEGO GAS AND ELECTRIC COMPANY BY INSTRUMENT
RECORDED OCTOBER 20,1948 IN BOOK 2988, PAGE 458 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PAGE 2
49
ORDER NO. 1173041-6
AFFECTS PARCEL A.
3. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN
FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED APRIL 4,1957 IN
BOOK 6523, PAGE 348 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL A.
4. AN EASEMENT AND RIGHT OF WAY FOR ROAD AND INCIDENTAL PURPOSES AS
GRANTED BY INSTRUMENT RECORDED SEPTEMBER 10, 1957 IN BOOK 6740, PAGE
102 OF OFFICIAL RECORDS, AND THE RIGHT OF OTHERS TO USE SAID EASEMENT
AS CONVEYED OR RESERVED IN VARIOUS OTHER INSTRUMENTS OF RECORD,
OVER, UNDER, ALONG AND ACROSS A PORTION OF THE HEREIN DESCRIBED
PROPERTY.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
5. AN EASEMENT FOR THE RIGHT AND PRIVILEGE TO SPILL WATER IN NATURAL
DRAINAGE CHANNELS WHICH CROSS THE BELOW-DESCRIBED LANDS. ALSO
TOGETHER WITH THE RIGHT OF INGRESS THERETO AND EGRESS THEREFROM
AND INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER
DISTRICT, A MUNICIPAL WATER DISTRICT, RECORDED JANUARY 4, 1963 AS FILE
NO. 185 1 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL A.
6. AN EASEMENT FOR A PIPELINE OR PIPELINES AND INCIDENTAL PURPOSES IN
FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, RECORDED JANUARY 4,1963
AS FILE NO. 1852 OF OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AFFECTS PARCEL A.
PAGE 3
Y
ORDER NO. 1173041-6
7.
8.
9.
10.
11.
12.
THE EFFECT, IF ANY, OF RECORD OF SURVEY MAP NOS. 6616 AND 7918, WHICH
SETS FORTH, OR PURPORTS TO SET FORTH, CERTAIN DIMENSIONS AND BEARINGS
OF THE HEREIN DESCRIBED PROPERTY.
THE FACT THAT SAID LAND LIES WITHIN THE "CARLSBAD ISLANDS
ANNEXATION" TO THE CITY OF CARLSBAD PROJECT AREA, AS DISCLOSED BY
INSTRUMENT RECORDED APRIL 30, 1987 AS FILE NO. 87-236215 OF OFFICIAL
RECORDS.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
LACK OF A RIGHT OF ACCESS TO AND FROM THE LAND.
AN EASEMENT FOR ACCESS AND INCIDENTAL PURPOSES IN FAVOR OF HOLLY
SPRINGS, LTD, RECORDED AUGUST 26, 1998 AS FILE NO. 1998-0543226 OF OFFICIAL
RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AN EASEMENT FOR WASTEWATER PIPELINE AND RECYCLED WATER LINE AND
INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A
OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
AN EASEMENT FOR WASTEWATER PIPELINE AND RECYCLED WATER LINE AND
INCIDENTAL PURPOSES IN FAVOR OF CARLSBAD MUNICIPAL WATER DISTRICT, A
OFFICIAL RECORDS.
THE ROUTE OF SAID EASEMENT IS SET OUT IN SAID DOCUMENT AND AFFECTS A
PORTION OF THE HEREIN DESCRIBED PROPERTY.
REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS.
PUBLIC AGENCY, RECORDED DECEMBER 11, 1998 AS FILE NO. 1998-0805495 OF
PUBLIC AGENCY, RECORDED DECEMBER 1 1, 1998 AS FILE NO. 1998-0805496 OF
PAGE 4
2002-2003 TAX INFORMATION:
NOTE:
NO TAXES AVAILABLE AT THIS TIME.
PAGE 5
ORDER NO. 1173041-6
ORDER NO. 1173041-6
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY
OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF LOT E 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 SAN DIEGO COUNTY, DESCRIBED AS
FOLLOWS:
BEGINNING AT AN ANGLE POINT IN SAID LOT E, SAID ANGLE POINT BEING DESIGNATED
"POINT 13" ON SAID MAP NO. 823, SAID POINT OF BEGINNING ALSO BEING THE NORTHWEST
CORNER OF LOT B OF SAID RANCHO AGUA HEDIONDA, BEING NOTED AS "POINT 12" FOR
LOT B ON SAID MAP NO. 823; THENCE ALONG THE BOUNDARY LINE COMMON TO LOTS B
AND E SOUTH 89'30'04" EAST, 100.00 FEET (RECORD SOUTH 89'26'35" EAST); THENCE NORTH
6'06'45" WEST, 451.76 FEET TO AN ANGLE POINT IN THE BOUNDARY OF THE LAND SHOWN
ON RECORD OF SURVEY MAP NO. 6616, FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAN DIEGO COUNTY, FORMED BY THE COURSES "NORTH 5 1'47'48" EAST 1165.49 FEET"
AND "NORTH 4'20'50" EAST, 963.88 FEET; AND THE TRUE POINT OF BEGINNING; THENCE
NORTH 4O20'50" EAST, 963.88 FEET; THENCE NORTH 1'12'15" EAST, 896.00 FEET; THENCE
NORTH 84"21'03" EAST, 1060.12 FEET; THENCE SOUTH 33'11'55" EAST, 891.30 FEET TO A LINE
THAT BEARS NORTH 53'22'17" EAST FROM THE TRUE POINT OF BEGINNING; THENCE SOUTH
53'22'17" WEST, 2037.20 FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B:
THOSE PORTIONS OF LOTS D AND E 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 SAN DIEGO
COUNTY, NOVEMBER 16, 1896, BEING DESCRIBED AS PARCEL 1 OF CERTIFICATE OF
COMPLIANCE RECORDED AUGUST 26, 1998 AS FILE NO. 1998-0543227 OF OFFICIAL
RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT AN ANGLE POINT IN SAID .LOT E, SAID ANGLE POINT BEING DESIGNATED
POINT 13 ON SAID MAP 823; THENCE ALONG THE SOUTH LINE OF SAID LOT E SOUTH
89'26'32" EAST 100 FEET (SOUTH 89'30'04" EAST 100 FEET PER DEED); THENCE NORTH
6'09'18" WEST 451.70 FEET (NORTH 6'06'45" WEST 451.76 FEET PER DEED) TO AN ANGLE
POINT IN THE BOUNDARY OF LAND SHOWN ON RECORD OF SURVEY NO. 6616, FILED IN
THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FORMED BY THEIR COURSES NORTH 51'47'48" EAST 1165.49 FEET AND NORTH 4'20'50" EAST 963.88 FEET.
SAID ANGLEL POINT IS ALSO SHOWN AS A "FOUND 2" PIPE WITH TAG STAMPED LS 2940.
DISTURBED-REPLACE WITH 2" PIPE WITH TAG STAMPED "RCE 6486'' ON RECORD OF
SURVEY 7918, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY;
THENCE NORTH 4'20'50" EAST 963.73 FEET (NORTH 4°20'50" EAST 963.88 FEET PER DEED);
PAGE 6
4s
ORDER NO. 1173041-6
THENCE NORTH 1’1 1’10” EAST 896.00 FEET (NORTH 1’12’15” EAST 896.00 FEET PER DEED)
TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING PER SAID RECORD OF
SURVEY 7918 NORTH 1’1 1’10” EAST 375.14 FEET AND NORTH 18’19’26” WEST 205.03 FEET
TO AN ANGLE POINT SHOWN ON SAID RECORD OF SURVEY 7918; THENCE ALONG THE
NORTHERLY LINE OF SAID RECORD OF SURVEY 7918 NORTH 77’03’22” EAST 1032.98 FEET;
THENCE LEAVING SAID NORTH LINE, SOUTH 8’33’55” EAST 704.44 FEET TO AN ANGLE
POINT IN THE BOUNDARY OF SAID RECORD OF SURVEY 7918 SHOWN AS “FOUND 2” PIPE
SAID RECORD OF SURVEY SOUTH 84’20’35” WEST 1060.12 FEET (NORTH 84’2 1’03” EAST
1060.12 FEET PER DEED) TO THE TRUE POINT OF BEGINNING.
WITH TAG STAMPED “RCE 6486 -NO RECORD”; THENCE ALONG THE BOUNDARY LINE OF
MARCH 03,2000 8:29 AM LB
PAGE 7
BAW&GiBWS/86322 v. 6 (Final)
3042.85 01-27-03
EXHIBIT “F”
[License for Temporary Water Line]
F- 1 CollegdCannon Agreement
.JRN.15.2003 9:18FIH CFlRLSBFlD UNIF DIST N0.017 P.2/8
Unified School District
801 Pine Avenue Carlsbad, CA 92008
(760) 7249291 9 FAX (760) 729-9685 ... a world class district
January 14,2003
R. Mitchel Beauchamp
Pacific Soutbwest Biological Services, Inc. P.O. Box 985 National City, CA 91951
Re: Request for Permission to InstaU Tempora y Water Line
on Property of the Carlsbed Unified Sclbool District
Dear Mr. Beauchamp:
Robert Ladwig of Ladwig Design Group, Inc., (“Ladwig”) requested that the Carlsbad
Unified School District (“District”) grant permission to Pacific Southwest Biological Senricts,
hc., (1‘PSBS’) to install portions of a temporary water line across property owned by the District (“Subject Property”). The Subject Property consists of two contiguous parcels in the City of
Carlsbad (“City”), one that is fifteen &5) acres in size and is identified as Assessor’s Parcel No.
C‘APN’) 168-050-46 and one that is approximately 42.6 acres in size and is identified w APN
S8-050-19, as depicted on Attachmeiit “A” hereto. We understand that the temporary water line
will consist of o construction-water meter and a one and one-half (1.5) inch-diameter PVC
pipeline installed in the loctttion(s) depicted on Attachment “B” hereto (“Tehporary Water
Line”). We Mer understand that the purpose of the Temporary Water Line is to provide warm
for irrigation of a grassland re-vegetation site of approximately ten acre6 in size that is located on
property owned by the State of California and identified as APN 168-050-29. Based on those
speclfic facts, the District hereby grants permission for PSBS to install portions of the
Temporary Water Line on the Sqbject Property, in the location(s) depicted on Atthchment B, subject to the conditions set forth below and subject to agreement by PSSS to be bound by such
conditions.
1. PSBS shall, at no cost to the District, obtain all permits or other authorizations newssary
fm installation and use of the Temporary Water Line.
2. Prior to commencing installation of the Temporary Water Line, PSBS shall provide
certificates of insurance to the District evidencing that PSBS has in force policies of
ins~rance meeting OT exceeding the minimum reqttiraenb set forth in Attachment “c**
I I
. JRN. 15.2803 9: 18RM CWLSBQD UNIF DIST NO. El17 P. 3/8
R. Mitchel Beauchtunp
January 14,2003
Page 2
hereto. PSBS shall maintain such insurance in full force fwd effect until such the as the
Temporary Water Line lm been completely removed from the Subject Property and the
Subject Property has been restored to a condition reasonably acceptable to the District.
3. PSBS ehall notiq the District’s construction manager, Robert Todd, not less than 72 hours prior to: (i) the initial entry onto the Subject Property for purposes of installing the
Temporary Water Line; (ii) any enrry onto the Subject Properly for purposes of major
repair or replacement of any portion of the Temporary Water Line; and (iii) the initial
entry onto the Subject Property for purposes of removing the Temporary Water Line, Mr. Todd may be reached at (760) 918-5227 during reguIar business hours, Mondays through Fridays on which the District is ope0 for business.
4. The one and one-hdf (1.5) inch-diameter PVC pipeline shall be installed approximately
one (1) foot below grade, The location of the Temporary Water Line shall be marked
with suitable surfice markers.
5. PSBS shall be. responsible far maintaining the Temporary Water Line in a safe and well-
maintained condition, and shall canduct regularly-scl1eduled inspections to ensure the
integrity ofthe Temporary Water Line.
6, PSBS shall be responsible for any damage to the Subject Property resulting fiom installation, maintcnance, repair or removal of the Temporary Water Line an the Subject
Property 07 resulting &om my l-ge or other failure of the Temporary Water Line; and PSBS shall indemnify, defend and hold-harmless the District against and from claims,
demands and actions resulting or arising therefrom, and shall pay all costs and expenses
related thereto, including, but not limited to, any fines imposed by any regulatory agency.
7. Within thirty (30) days of any request by the District, PSBS shall remove the Temporary Water Line from the Subject Property or shall relocate the Temporary Water Line within
the Subject Property, as may be requested by the District.
8. Unless earlier terminated, the pemission hereby granted to maintain and operate thc
Temporary Water Line on the Subject Property shdl terminate on December 1, 2006.
Within a reasonable time after any termination of such permission, but not later than
thirty (30) days thereafter, PSBS shall removc the Temporary Water Line from the
Subject Property and restore the Subject Property to a condition reasonably acceptable to
the District. The District’s permission to operate the Temporary Water Line on the
Smbject Property may be extended past December 1, 2006, only by means of written
authorization of the District.
~ JFIN. 15.2083 9:19FIM CWLSBAD UNIF DIST NO. 817 P. 44
R. Mitchel Beauchamp
January 14,2003
Pagt 3
9, PSBS atknowledges that the awnership of some or all of the Subject Property may be
transferred to the City, In such event, PSBS will need to obtain pemission fiom the City
to qntinue to maintain the Temporary Water Line within the portion of the Subject
Property, if any, transfenred to the City.
Please indicate acceptance by PSBS of thg terms and conditions set forth herein by
signing where indicated below and returning the original of this letter to the undersigned at the
Dist~ict. The permission hereby pted shall not be effective until duly approved by PSBS,
signed by its authorized representative, and returned to the District. Please do not hesitate to
contact the undersigned if you have any question9 or cbmments regarding this matter.
Sincerely,
Assistant Superintendent, Business Services
BWS:ad
Attachments
cc: Cheryl Ernst
Brian W. Smith
On bewf of PSBS, the undersigntd agrees that PSBS shall be bound to all of the foregoing terms and conditions in exchange for the permission hereby granted to install, maintain and operate the Temporary Water Line on the Subjeqt Property. The undersigned represents and
warrant6 that he lw been duly authorized by PSBS to sign this letter and thereby bind PSBS to
its terns and conditions.
R Mitchel Beauchamp
Titlo:
Date Simed:
.- JFIN. 15.2083 9121AM CRRLSBRD UNIF DIST NO. 817 P. 7/8
R. Mitchl Beauchp
January 14,2003 Page I
ATTACHMENT “C”
Prior to the hitial entry onto any portion of the Subject Property by PSBS or by any @gents,
crhployees, contractors, subcontractors or other representatives of PSBS (collectively, “PSBS
Representatives”), PSBS sl1all provide to the District certificates of insurance evidencing that
PSBS has in force the policiea of insurance required pursuant to this Section. Such policies shall
provide coverage for all activities of PSBS and the PSBS Rcpresentatives on the Subject
Property. In the event of a )os$ due to any of the perils for which it has agreed ro provide
insurance, PSBS shall look solely to such insurance for recovery, Such policies shall be issued
by an inswer licensed to do business in this State and having ari A.M. Best Company rating
(Best’s Rating) of not less than an “A Minus” and Financial Si& Category of not less than ‘‘X,’’
The District shdl be included as an additiorial insured under such insurance policies, and PSBS
shall provide to the District “additional insured” policy mdomement6, form IS0 CG 20 10 11 85,
at such time bs it provides the required certificates of insurance. Each policy and certificate of
@surance shall require that the insurer provide written notice via certified mail to rhe District’s
representative, Mr. Robert Todd, 801 Pine Avenue, Carlsbad, Califonria, 92008-2439, not less
than thirty (30) days prior to any termination, cancellation, or reduction in coverage of the
applicable policy or, in the case of cancellation for non-payment, not less than ten (10) days prior
to cmcellation. PSBS shall pvide to the District appropriate endorsements reflecting such
notice requirement, and language to the effect that the insurer will “endeavor” to provide such notice shall not be acceptable. Additional certificates evidencing renewal or replacement of any
such policy shall be delivered to the District ptipr to the expiration of such policy.
(a) LiabiliQ Imrapce. A policy of commercial general liability insuraace,
written on an “occlurence” basis, covering claims for badtly injury, including death, prom
damage, and consequential damages that may bse out of or result from activities on any portion of tbe Subject Property by PSBS and/or the PSBS Representatives, including, but not limited to, personal injury, broad form property damage, and contractor’s basic coverage (‘‘Liability
Policy”). The Liability Policy shall also provide coverage for the contractual Iiability assumed by PSBS. The Liability Policy shall provide that its coverage is primary to any insurance
obtained or maintained by the District (whose insurance shall be excess and non-contributing)
ahd shall cantaiu a waiver of the insurer’s tights of subrogation against the District, The
Liability Policy shall incl.ude a cross-liability endorsement to the effect that such policy shall
apply separately for each named and additional insured as though a separate policy were issued
to each such party, provided that such endorsement SUI not operate to increase the insurer’s
limit of liability for each occurrence as set forth herein. PSBS Liability Policy shall provide
coverage in an mount not less than two million dollars ($2,000,000) per occurrence. If an
insurance aggregate applies, not less than two million dollars ($2,000,000) shall apply specifically heto.
(b) Motor Vehicle Insurance. A policy or policies of liability insurance for
all motor vehicles owned, leased, rented or used by PSBS or the PSBS Representatives in
nAwkmwsIam
1
s4
, JQN.15.2003 9:22RM CRRLSBFID WIF DIST N0.017 P.8/8
R. Mitchel Beauchhmp
Januargr 14,2003
Page 2
undertaking any activities on the Subject Property (“Vehicle Liability PoIicy”), providing
coverage for personal injury, including death, and property damage in an amount not less than one million doIlars ($l,~,OOO) per gccurrence. The Vehicle Liability Policy shall contain a waiver of the insurer’s tights of subrogation against the District. The Vehicle Liability Policy sMl include a cross-liability endorsenient to the eff’t that such policy shall apply separately for
each namcd and additional insured as though a separate policy were issued to each such party,
provided that such endowment shall not opeme to increase the insurer’s limit of liability for
each occwrence as set ibrth herein. If an insurance aggregate applies, not less than one million dollars ($1,000,000) shall apply specifically to this Agreement,
(c) Workers ’ Compensation. A policy or policies of workers’ compensation
insurance in compliance with Section 3700 of the Califomia Labor Code and a11 other applicable
requirements. The worlcers’ compensation insurmcs policy shall include a waiver of
subrogation endorsement in favor of the District.
I
_.".. ,
P. 6/8
56
Exhibit A
EXHIBIT “G”
[College/Cannon Water-Line Plans]
BAW&G/BWS/86322 v. 6 (Final)
3042.85 01-27-03 G- 1 CollegelCannon Agreement
58
Ir
r
i' ! !" i!:!!!':! :!!:, ' I
I
March 21,2003
To: Janice Breitenfeld
From: Deputy City Engineer, Planning and Programs
CARLSBAD UNIFIED SCHOOL DISTRICT DEEDS FOR CANNONICOLLEGE
ROADWAY AND DRAINAGE BASIN BJB
Attached are the original executed deeds for the Cannon Road and College Boulevard
right-of-way and Drainage Basin BJB inundation easement from the Carisbad Unified
School District. Please process for recordation. When recorded, please return copy of the
deed and/or provide acknowledgement that the recorded deed has been scanned into the
DMS.
If you need further information or assistance on these documents, please give me a call.
David Hauser
Deputy City Engineer
Planning and Programs
C Deputy Public Works Director, Engineering Services