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Home My WebLink About1977-09-02; Parking Authority; Minutese t i n g of: u-ate of Meetiny: Time of Meeting: Place of Meeting CARLSBAD PARKING AUTHOR^Y September 2, 1977 (Special 2:00 P.M. Council Chambers Meeti The meeting was called to order by Chairman McComas at 2:05 P.M. Directors McComas, Dunne, Killen and Richardson. Di rector Sugg ROLL CALL: ABSENT: Director Sugg was present at 2:07 P.M. Also present was City Attorney Vincent Biondo. ENCROACHMENT PERMIT: The City Attorney reported that Bullocks would like to start construction next week and the transfer of property will not take place for approximately four months. An Encroachment Agreement has been ' prepared, and the City Council at its meeting held August 30, 1977 approved the agreement. A map of the area was shown, indicating Parcel "A" and Parcel "B". It was noted Parcel "A" is the portion upon which the Bullocks store will be constructed, and Parcel "B" is the portion needed during the construction of the building for equipment, etc. This will mean that approximately 270 parking spaces will be out of use during the construction period. The Agreement provides that during this period May Stores, Inc. will be ob- ligated to pay rent to the City of Carlsbad for those spaces that will be out of use. Following discussion the Encroachment Agreement was approved and the Chairman authorized to execute the Agreement on behalf of the Parking Authority. ADJOURNMENT: "' By proper motion the meeting was adjourned at 2:12P.M. • Respectfully submitted. T E. ADAMS Recording Secretary McComas Dunne Ki 1len Sugg Ri chardson X X X x' X f^-. \ RECORDINl.1; REQJ city of Carls3l.iiid 126-0 AND WHEN RECOROCO MAIL TO r n N""" City of Ca.rlEbfid s,,,., 1200 Elm Avenue CarliDbad, California 92008 MAIl TAX STATEMENTS TO r Stroel Cily e. Sto). I City of Car]..sbad 1200 Elm Avenue Carlsbad, California 92008 .J ftiL/PAOE NC HAP•.!;•' r. Ui-vOM no FEE SPACE AEiOVE THIS LINE FOR RECORDER'S USE Grant Deed AS&TS. POL NO. TO 405 1 CA (S 73t THIS FORM FURNISHED BY TITLE INSURANCE AND TRUST COMPANY The undersigned grantor(s) declare(s) : 1^81 ^mainiiifr at time of sale. CERTIFICATE OF ACCEPTANCE and This is to certify that the interest ir real property conveyed by the deed or grant dated December 15, 1976 f^of" Plaza Camino Real, a limited oartnership. to the City of Car 1 shad , ' Ca .1 i for ma , a political corporation and/or governmental agency, is hereby acceptec '.i/y the undersigrned, officer or agent on behalf of the,City .Coii.ncil of the Cdty of Carlsbad.v'VcaJi.fornia , pursuant fo authority co'nferrad hy Re:^ol ution Si 1537 of the City -of^ Carl'sb.a'd adopted on- July 2, 1965.,.; a.rtdr t)ik grantee consents to the iracprda fcivjnethereof by its duly ^aut}i^ori-z-ed'yf fic^r}. ' <y acknowledged, i br.5hip, 11 easement for public road sbad Inia: descr.lbed in Exhibit I ks shown for convenience sake breto and made a part hereof. el Nos. 154-160-24, 154- -140-30, 156-080-12, •160-16, . MAl^G. GAWE'T ,E\-'-ADAM'S::', City Clerk DATED: December 22, 1976 (Corporation as a Partner of a I'arlnerslfp) STATE OF CALIFORNIA ; CGiiNTY OF jmANGELESl_. ite_d_ .On December_15j:_A^-beforc n.e, the ttnd.rsigned, a Notary Pul.lic tn .an,l for Hubert L^Roth , k«o™ .0 n.e to '..^1- said State^ ,.ors,>nally ^''''^f ^^^^-^USraiKL btown to me ,o be ..te^^S^.. lS^d_,- ^ Va,C^,,,^0,„t, ^l^-Q^^gy^op^inq_C^^ corporation that .•xeente.l :Sccrctary of —__ — , , ,,, 1,^ il,,. persons who lihe vvithin insuujnent an.l 1^""^" '^'^ ' ,f a corporaticm. i«x,.«itccl-the within instrnnienl on f'f'" „.,',.,,,p,^ „f i.s-,i<l .orporallon being known to n.e to he one ot tin P-nt 'ei Plaza CaminP-..Real . ^^j:^^ TlT^rei;.,^uetnh;^i.l.i.. in'..u.n-'- ""'1 :;f3 '^.tStne i lhat sneh corpcnation execule.l he sante as such pa.tntr . lhat siieh pai tneishili exeeuled the same. ' WITNFSS mj^hand and official ...seal. c ' kst^^i^./^^^--^^^ (2. j2j'a!^\L?J:jj-^^-^^ Name (Typed or I'rinlfd) Pinq tion, Sisimttire OFFICIAL .StiAL S C. C. MiNlCHlELLO \ HOT.'.RY PUBLIC-CCLirOSIiiA li I OS ANSELE.'; COUNTY S , [.,iy Ccirornissmi fKpi'fS Fel>-16, 1930 |3 (This m>. (»r olSei"! "«'»"''' RESIDIEWT Revi5;i£d 1 1-10-76 'if^ed Q LE GA L DE E C ;R I PT I ON PL.AZA CAMINO REAL MARRON ROAD AND JEFEERSON STREET A PARCEL OF LAND SITUATE IN THE CITY OF CARLSBAD, IN THE'COUNTY OF SAN DIEGO, STATE OF CALIFORNIA BEING. A PORTION OF SECTION 31 , TOWNSHIP 11 SOUTH,. RANGE; 4 WEST, SAN EJERNARDINO BASE AND MERIDIAN, ACCORDING TO OFFICIAL PLAT THEREOF AND PORTIONS OF LOTS 19, 20 AND 33 AND OF EUCALYPTUS STREET, ALL OF HOSP EUCALYPTUS FOREST COMPANY'S TIRACT ACCORDING TO MAP NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 31 , TOWNSHIP 11 SOUTH, RANGE 4 WEST; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF NORTH 89°42'19" WEST, 404.27 FEET: THENCE SOUTH, 962.79 FEET TO THE NORTH- ERLY LINE OF MARRON ROAD (82 FEET WIDE); THENCE NORTH 76''30'00" WEST, 331 .90 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY hIAVING A RADIUS OF 842.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 42°30'00" A DISTANCE OF 624.56 FEET; THENCE SOUTH 61°00'00" WEST, 174.26 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAV^E NORTHWESTERLY HAVING A RADIUS OF 758.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13''24'44" A DISTANCE OF 177.44 FEET; THENCE SOUTH 74°24'44" WEST, 42.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 74''24'44" WEST, 97.60 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTH- EASTERLY HAVING A RADIUS OF 758.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°31'00" A DISTANCE OF 800.61 FEET; THENCE NORTH 45°04'16" WEST, 130.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 558.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°04'59" A DISTANCE OF 302.72 FEET; THENCE NORTH i3°59'17" WEST, 100.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY EXHIBIT I n } i o 11283 HAVING A RADIUS OF 558.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTF^AL ANGLE OF 14°17''17" A DISTANCE OF 139.15 FEET TO A POINT IN THE SOUTHERLY RIGHT OF WAY LINE OF MARRON ROAD (82 FEET WIDE); THENCE NORTH 89M2'00" WEST, 82.00 FEET ALONG SAID RIGHT OF WAY LINE 'TO THE BEGINNING OF A NON- TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 640.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 17'17" A DISTANCE OF 159.60 FEET TO THE F3EGINNING OF A REVERSE CURVE CONCAVE NORTHVv/ESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL. ANGLE OF 90°00'00" A DISTANCE OF 31 .42 FEET; THENCE SOUTH 76°00'00;' WEST, 122.50 FEET TO THE BE- GINNING OF A TANGENT'CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 530.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 40°48'08" A DISTANCE OF 377.43 FEET TO A POINT IN THE RIGHT OF WAY LINE OF • JEFFERSON STREET (60 FEET WIDE); THENCE SOUTH 54°47'25" EAST, 60.00 FEET TO THE BEGINNING OF A NONTANGENT GURVE CONCAVE SOUTl-IERLY HAVING A RADIUS OF 470.00 FEET; THENCE EASTERLY ALONG SAID CURVE ^ THROUGH A CENTRAL ANGLE OF 40°48'08" A DISTANCE OF 334.70 FEET; THENCE NORTH 76°00'00" EAST 122.50 LEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWEST- ERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEAST- ERLY ALONG SAID CURVE THROUGht A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 31 .42 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 640.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 31°04'59" A DISTANCE OF 347.20 FEET; THENCE SOUTH 45°04'16" EAST, 130.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEAST- ERLY HAVING A RADIUS OF 840.00 FEET; THENCE SOUTHEAST- ERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°31'00" A DISTANCE OF 887.22 FEET; THENCE NORTH 74°24'44" EAST, 97.60 FEET; THENCE NORTH 15''35'16" WEST, 82.00 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT I AGREEMENT This agreement is made this 2.3x!i_^^y °^ August , 1911, by and between the City of Carlsbad, California (the "City"), the Parking Authority of the City of Carlsbad (the "Authority") and Plaza Camino Real, a California limited partnership ("Developer"). WITNESSETH WHEREAS, Developer has entered into an agreement dated November 5, 1975 with Authority and City with respect to the expansion of the Plaza Camino Real Regional Shopping Center by the addition of two major stores (the "Expansion Agreement"); and WHEREAS, one of said major stores will be a Bullock's Department Store; and WHEREAS, as set forth in the Expansion Agreement, the southern portion of the Bullock's Store will be located on land that is presently a part of the Existing Public Parking Area owned by the Authority and leased to City, shown as Parcel A, on Exhibit A, attached hereto and made a part hereof; and WHEREAS, as contemplated by the Expansion Agreement, Authority and City have agreed to convey said land to Developer. A condition precedent to such exchange is the conveyance of equivalent acreage elsewhere in the Center by Developer to Authority. Said acreage to be improved by Developer so as to be of at least equal value and utility for parking purposes; and VJHEREAS, the Expansion Agreement further provides that arrangements for such conveyances must be acceptable to City and Authority and must be made before construction is commenced on the Bullock's Store; and WHEREAS, Authority, City and Developer have agreed that the exchange will not occur until the final map has been recorded pursuant to the Subdivision .Map Act establishing the parcels to be exchanged as separate lots; and WHEREAS, on August 2, 1977 City approved the tentative subdivision map for the proposed expansion which provides for said lots and Developer is actively moving to m.eet the require- ments necessary to obtain approval of the final map; and WHEREAS, in order to achieve the scheduled date for the opening of the Bullock's Store, it will be necessary for Developer to commence grading and excavation for the building pad of the Bullock's Store and to relocate certain utilities on the portion of the Bullock's Store site presently owned by the Authority prior to the recording of the final map; and ^AlHEREAS, in order to accomplish the expansion in accord- ance with the Expansion Agreement, Developer must do certain work including, but not limited to, regrading a portion of the existing public parking lot and the installation and relocation of utilities on said portion shown as Parcel B, on Exhibit A. It is necessary that said work be accomplished in conjunction with the grading and excavation of the Bullock's site; and WHEREAS, as a result of the proposed expansion of the Center, Authority will acquire, at less than cost, title to an expanded, fully improved, public parking facilities and it is in the Authority's and City's interest to cooperate with Developer in their expansion efforts in order to acquire said facilities; and WHEREAS, City and Authority are satisfied that the number of spaces affected will not interfere with the overall operation of the parking facilities and are willing to accommodate the Developer in accord with the terins of this agreement. NOW, THEREFORE, the Parties hereto agree as follows: 1. Authority and City hereby grant to Developer the right to temporarily encroach on Authority property, to grade and excavate the portion of the Bullock's Store site presently owned by Authority for the purpose of preparing the building pad for the Bullock's Store shown as Parcel A, on Exhibit A. Developer is also hereby granted the right to relocate any utilities situated thereon to other portions of the existing Public Parking Area owned by Authority, in accordance with the precise plan of development approved by the City pursuant to the Expansion Agreement. 2. Authority and City hereby grant to Developer the right to temporarily encroach on Authority property, to grade, relocate 3. and install utilities and accomplish other related work on an area of the existing Public Parking Lot shown as Parcel B, on Exhibit A. Developer is also granted the right to relocate any utilities situated thereon to other portions of the existing Public Parking Lot owned by Authority. All rights granted by this agreement for work shall be exercised in accordance with the Expansion Agreement and the precise plan of development approved by City pursuant thereto. 3. All rights granted by Sections 1 and 2 hereof to Developer, shall be exercised in accord with the City of Carlsbad grading ordinance after securing all necessary permits. Developer agrees to pay City $428.76 per month for the encroachment on Parcel A. Developer agrees to pay City $714.60 per month for the encroachment on Parcel B. Said monthly payments shall be made in advance on the first day of each month. Said monthly payments are computed in the proportion which the parking capacity of said properties bear to the parking capacity of the facilities which are the subject of that certain Lease Agreement (hereinafter "Lease Agreement"), made and entered into as of the 21st day of August, 1969 by and between the Authority and City. City hereby pledges said monthly payments to the rental payments due in connection with the aforementioned Lease Agreement. 4. Upon the close of the exchange of land for the Bullock's Store site, rental payments for Parcel A shall terminate. If said exchange fails to close within such time as the parties hereto 4. may agree. Developer agrees to vacate Parcel A and to immediately reconstruct and restore the improvements on the subject Authority property to the condition existing as of the date of this agree- ment. 5. Notwithstanding the provisions of Section 4 hereof. Developer agrees to vacate both Parcels A and B and reconstruct and restore the improvements to the condition existing as of the date of this agreement upon the receipt of a written request therefor from City or Authority. Authority and City agree that the said request will not be made prior to December 31, 1978. 6. Developer agrees that it, and its successors in interest, will not assert any right to exercise its right of reverter which it may have by virtue of said encroachments under that certain Grant Deed, dated October 21, 1969, which Grant Deed was recorded the same date as Document No. 193480, Official Records of San Diego County, California. Nothing herein shall be construed as affecting the right of Developer and its successors in interest to exercise its reversionary rights under said Grant Deed in connection with any other event. 7. Developer agrees to furnish a certificate evidencing, in form satisfactory to the City Attorney, liability insurance in favor of City and Authority for property damage and personal injury in connection with the rights granted herein in the amount of $1,000,000. 5. IN WITNESS WHEREOF, the Parties hereto have executed this agreement as of the day and year first above written. ATTEST; CITY OF CARLSBAD By By Mayor ATTEST: THE PARKING AUTHORITY OF THE CITY OF CAR2^SBXD, CALIFORNIA ATTEST: / ASSISTANT SECRETARY PLAZA CAMINO REAL, a California limited partnership By: The May Stores Shopping Centers, Inc. its Gener^^ Partner /, By iSlDENT c APPROVED AS TO FORM: VINCENT F. BIONDO, JR City Attorney 6. I 1 ; 1^5 Ll<. f ; M i.- -• ^. •;,ctl| ; ; .^^-r7-:--r--^i^'-^: . •"/if .v,:^.,,,.,^!- b I \ ///-- / ^ y '• / -•- • • zn 1 (v « A'J'^'-i;i •.' :.<•-': t V> V. I '•1: A'' p ft *1 e nn //y/ /<55 •: */ i > N r--- ^s^f • \ \ I ^ > ^ \ \ \\ \ N\\i ^^-i ./ / /. .' - \\ -- \\ -K- X . -r -^^rw / ]• f rif? ~~—;>"^iA___.'• .• ••' ' /''ij' I ".„ii'.nj.>L ji^H • - V/ r • ^/ -vvN xx-- • .>fc> -itel. '-"'^''^o^' N V l^'D >^Ki4 •4/ •t I. • i.it.j) EXHIBIT A to Bullock's Encroachment Agreem.ent GUARANTY The May Stores Shopping Centers, Inc., a Missouri corporation authorized to do business in the State of California, hereby guarantees Developer's obligations under the foregoing agreement and further agrees to furnish security in favor of City and Authority guaranteeing the obligation therein set forth to restore and reconstruct the parking lot improvements. Said security to be a surety bond in the amount of $60,000. ATTEST: THE MAY STORES SHOPPING CENTERS, INC. . '? ASSISTANT SECRETARY APPROVED AS TO FORM: viNdi^N^^'^^^O^R. • City Attorney