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Home My WebLink AboutCDP 96-05; Frye, Christopher; 2003-0153129; Easementr. < ‘ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY OF CARLSBAD 1220 Carlsbad Village Drive ?&($ Carlsbad, CA 92008 DOC # 2003-0153129 WICI~ REm W DIEGO CoUHpl RECORDER’S OFFICE GaGoRv J. SnITHi COWY REBIRDER FEES: 0.00 E: NA UAYS: 2 Space above this line for Recorder’s use Assessor’s Parcel No. 210-120-30 Project No. & Name: “Beach Stairway” CDP 96-05: SUP 96-07; HDP 97-03 DEED OF EASEMENT AND AGREEMENT TO HOLD HARMLESS AND INDEMNIFY This agreement is entered into by and between Christopher J. Frye, hereinafter referred to as Grantor, and the City of Carlsbad, hereinafter referred to as Grantee. In consideration of the City’s approval of “the stairway” pursuant to SUP 96-07; HDP 97-03; and CDP 96-05; and in consideration for development to occur on the property described in this agreement; and in consideration for the granting of an easement as provided herein, Grantor agrees as follows: 1. Grantor agrees to and hereby Grants to the City of Carlsbad, a Municipal Corporation, subject to the terms and conditions of this agreement, a non-exclusive easement in Gross for the sole purpose of pedestrian ingress and egress foot access between Carlsbad Boulevard and the Pacific Ocean over, along and across that certain real property hereinafter referred in this agreement as the property, and shown for convenience on Exhibit A attached hereto and described as follows: A strip of land between Carlsbad Boulevard and the Pacific Ocean ten (1 0) feet in width along the entire southerly border of a parcel described as Lot 1 of Poinsettia Beach Unit No. 1, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof 3897, filed in the Office of the County Recorder of San Diego County, May 26,1958, together with that portion of Lot “H’ of Rancho Agua Hedionda, in the City of Carlsbad, County of San Diego, State of California, according to partition Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, November 16,1896, more particularly described as follows: Beginning at a point on the southwesterly right-of-way line of Carlsbad Boulevard bearing south 30” 38’ 50” East, to a point 160.00 feet from the most easterly comer of Lot 1 of Terramar Unit No. 1, according to Map thereof No. 2696, filed in the Office of the County Recorder of San Diego County, said point also being the true 1 point of beginning; thence continuing south 30" 38' 50" East, 200.00 feet; to the northerly corner of Lot 2 of said Map 3 897; thence leaving said southwesterly right- of-way line, along the northwesterly boundary line of said Lot 2, south 59" 2 1 ' 10" west, to the mean high tide line of the Pacific Ocean; thence northwesterly along said mean high tide line, to a line which bears South 59" 2 1' 10" west from the true point of beginning; thence North 59" 21' 10" east to the true point of beginning. 2. Property owner shall guarantee private maintenance responsibilities for all facilities within said easement, including, but not limited to, landscaping, the walkway, stairs and walls. 3. The title owner to the above described property is providing the access described herein for "recreational purposes'' at the request of Grantee, pursuant to the provisions of California Civil Code tj 846, and nothing in this agreement shall create any liability or duty in contradiction to or inconsistent with the provisions of California Civil Code 9 846. 4. The title owner to the above-described property shall assume the defense of, pay all expenses of defense, and indemnifl and hold harmless the City of Carlsbad and its officers and employees from all claims, loss, damage, injury and liability arising from or in connection with the on site use of the access, or drainage failures, or geological failure of the stairway development. 5. The above indemnity and hold harmless is for the liability and/or acts or omissions arising from or in connection with claims for this project only and does not include liability, damage, acts or omissions which are arising from or in connection with or occasioned by other projects. 6. It is further agreed that the above indemnity and hold harmless shall be binding on all successors to the owners of the above-described property and shall remain and continue in effect from owner to owner. Notwithstanding the above, and following the transfer of ownership of the property described in this agreement, all liability and the indemnity and hold harmless provisions set forth herein as to a prior owner or owners shall terminate as to incidents incurring thereafter. 7. Approval of the plans by the City for the project described herein shall not constitute an assumption by the City of any responsibility for such plans, nor shall they constitute a damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this Agreement. 8. Owner or owners, as described in this Agreement, shall be the owner of the record title of the property described above in this Agreement. 2 -Fb- IN WITNESS WHEREOF the undersigned has executed this instrument this& day of ,2092’3 f. PROPERTY OWNER By: APPROVED AS TO FORM: City Attorney SEE AVAWEb ACKNOWLEDGMENT by the OWNER(S) must be attached) 3 M .OE.8E.K N M I I i i I I ;I 2 XI I 0 z r a I I ,l+ c-- I I I I I I I I I I I I I I I I I I I I I I I I I I I I i I i I i I i I i I J c I /I lb I ii i I I I I I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California I and Title OF; (e 9.. "Jane Doe, Notary Public)-/ V4 Name(s) of Signer(s) personally appeared /- 0 personally known to me evidence &roved to me on the basis of satisfactory to be the person# whose name the same in the entity upon behalf of which the persontsf acted, executed the instrument. Si6ature 01 Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this fon to another document. Description of Attached Document Title or Type of Document: Dtkd L~c+L~ 0-d fi@,t& Document Date: l/G/ 07 Number of Pages: b Signer@) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: c LrL tc,,~ tc rw &Individual 0 Corporate Officer - Title@): 0 Partner - 0 Limited General 0 Attorney-in-Fact 0 Trustee [7 Guardian or Conservator Other: Signer Is Representing: J I -f D 1999 National Notary Association * 9350 De Solo Ave , PO. Box 2402 - Chalsworlh, CA 91313-2402 * w.nalionalnotaryorg Prod, No. 5907 Reorder: Call Toll-Free 1-800-876-6827 L CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the grant deed or easement, dated ~RrjdhI?U 6. 2603, fiom Christopher J. Frye to the City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5,1991, and the grantee consents to the recordation thereof by its duly authorized officer. 4