HomeMy WebLinkAboutCT 76-18; PLAZA CAMINO REAL; 81-048011; Easement,. I V%pIWII r-Q p&mb . 6119 W
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8.. GRANT DEED
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The undersigned, PLAZA CAMINO REAL, a limited partner-
ship organized and existing under the laws of the State of
California, the general partner of which is May Centers, Inc.
("Grantor"), hereby grants to THE PARKING AUTHORITY OF THE CITY
OF CARLSBAD, a public corporation ("Grantee"), the following
described real property in the State of California, County of
San Diego, City of Carlsbad, more particularly described as
follows:
Lots 21 and 27 of Carlsbad Tract 76-18 according to
Map No. 895.6 filed in the Office of the County Recorder of said County on August 11, 1978.
RESERVING UNTO GRANTOR, its successors and assigns, and
to and for the benefit of each and every portion of adjoining
Lots 2, 3, 4, 5, 6, 10, 11, 12, 13, 14, 15, 17, 18, 19, 20, 23,
24, 25, 28 and 29 of Tract CT 76-18 (hereinafter referred to as
the "adjoining lots"), easements on, under and over the land
conveyed hereby as follows:
(a) Easements (hereinafter referred to as "installatic
easements" ) for:
-. -ea48O-J;. (i) The installation and maintenance Of Utilities fjj.E/:":aQ, E:'Q*
@*Fq$pT '4 ;;:..;$ as may be necessary or appropriate to Provide
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t=w,.. Li2 ,;-..;.l!c~" OF' c'b sf bc\abQ$ . utility service to the adjoining lots. Grant
shall have the right to grant to utility
companies the appropratie easements for the
installation and maintenance Of Utilites as
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" may be necessary to provide utility service
to such lots. All such utilities shall be
underground, except with respect to those
facilities which are normally aboveground
in connection with underground utility system
The term "utilities" as used herein, includes
but is not limited to works, lines, and
structures necessary to provide the following
products or services to the adjoining lots:
water, sewers, drainage, electricity, gas,
telephone and cable or closed circuit televis
(ii) The purposes of erecting, constructing, main-
taining and operating signs to provide proper
advertisement of and directions for business
establishments located on the adjoining lots.
(b) Easements (hereinafter referred to as "common use"
easements) for the purpose of ingress and egress I:
any pedestrians, automobiles, trucks and any other
vehicles to and from the adjoining lots, or any
portion thereof by traversing the land conveyed he
in any direction to or from any point on the commc
boundary line of the land conveyed hereby and the
adjoining lots or any portion thereof, and the par
of such vehicles including, but not limited to, ar
easement for access to Lot 21 of the aforementione
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I \_ CT 76-18 and from there to a public street, to wit
Marron Road; provided, however, that said common
use easement shall not be exercised so as to
interfere with the use of the land conveyed hereby
for public parking lot purposes and said common us
easements shall be exercised consistent with the
configuration of said public parking lot.
The easement rights reserved hereby include the power o
the part of Grantor, its successors and assigns, and the other
owners of the adjoining lots, their successors and assigns, to
grant easements and licenses for the use of said easement rights
to others, provided such grants are solely for the benefit of the
adjoining lots.
The easement rights reserved hereby and any licenses to
be granted thereunder are subject to the following condition:
The right of usage under the common use easements
shall be nonexclusive, and in common with the
rights of usage on the part of each owner of or
licensee under such rights and with all members of
the public having the right or privilege for like
usage of the Parking Facilities under the terms
and provisions of that certain Lease Agreement, dated
January 30, 1981 (hereinafter referred to as
the "Lease"), by and between Grantee and the City of
Carlsbad, a municipal corporation.
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* .- The rights under the easements hereby reserved
shall be appurtenant to the adjoining lots and any portion
thereof.
A, The conveyance hereby made is also subject to
the following:
1, The Lease covering the land conveyed
hereby executed by Grantee herein as Lessor
to the City of Carlsbad, as Lessee.
2. The easements, rights-of-way, conditions,
covenants, restrictions, reservations, and
similar matters of record on the date of deli,
of this Grant Deed to Grantee.
B. The conveyance hereby made is also subject to, and
Grantee, by its acceptance of this Deed, for itself, its SUCC~SSOI
and assigns, hereby makes and agrees to the following covenants,
conditions, and restrictions, namely:
1. The land conveyed hereby shall be held in
trust by Grantee, and its successors, and
dedicated perpetually to public use as a
municipal parking lot available to the public,
Grantee, and its successors and assigns, shall
operate the municipal parking lot without
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8 .. charge to the public unless such charge to th
public is required by another governmental
entity other than Grantee or the City of
Carlsbad, or any agency or instrumentality
thereof, as a part of a parking management
program, transportation control plan, or othe
government regulation of parking and such
charge cannot be legally absorbed by Grantee
or its successors and assigns. Said parking
lot shall be maintained in good condition
with all necessary repairs and replacements
and shall be operated by Grantee in such a
manner as to provide internal traffic routing
and control so as to maintain proper flow of
traffic around and within said parking lot an'
to provide at all times access for ingress an1
egress to and from the adjoining lots, includ
but not limited to, pedestrians, automobiles,
and commercial vehicles engaged in making
deliveries to and pickups from establishments
on the adjoining lots and unloading operation
in connection therewith, Said parking lot sh
be kept open for public parking on all days,
including holidays, and at all hours except
when there is no reasonable need in the
adjoining lots for parking in said parking lo
when and insofar as is reasonably necessary f
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. .. repairs or maintenance. No improvements,
structures, buildings, or facilities shall
be placed thereon or therein which obstruct,
interfere with or restrict the use of the lan
conveyed hereby as a municipal parking lot,
except for decorative plantings, lighting
facilities and other improvements incidental
to the use of said land as a municipal parkin
lot.
As used herein, the term "total taking"
refers to a takiny, through or in lieu of
eminent domain proceedings, of eighty percent
(80%) or more of the total area of the parkin
lot and the term "partial taking" refers to a
taking through such proceedings of any lesser
area.
(a) In the event of a total taking, the
compensation awarded for such
taking shall be apportioned as follows:
Grantee shall receive out of the award
for such taking an amount equal to its
unpaid indebtedness for the cost of
improvements and costs of operation and
maintenance of the parking facilities
incurred by it, less the amount held by
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W 1123 - for it for any such purposese The balancc
of the award for such taking shall be
apportioned between Grantor and Grantee,
and their respective successors and assi
as their respective interests may be
determined by the Court.
(b) In the event of a partial taking, Grante
shall cause the construction, upon the
remaining portion of the land conveyed
hereby, of a multi-level parking structu
or structures, or other replacement park
facilities having capacity sufficient to
compensate, to the extent reasonably
possible, in light of such physical
limitations such partial taking imposes,
for the reduction in parking capacity ca
by such partial taking if and to the
extent that proceeds apportioned to it a
a result of such taking are available.
Grantor may, at its election, contribute
toward the cost of such replacement park
facilities. In the event that the prom
of any such award in eminent domain
apportioned to Grantee or its successor:
in interest are not required to be so UI
as above provided, such proceeds shall 1
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deposited in a fund for discharge or
redemption of any indebtedness of Grantel
in connection with the initial construct
of said parking facilities or to Grantee
suck indebtedness has been fully dischar
That portion of any such award apportion
to Grantor as a result of such taking sh
be retained by the Grantor.
2. If at any time or times Grantee fails to carr
out, or to cause to be carried out, the
maintenance and operation of the land conveye'
hereby as a public parking lot in accordance
with paragraph 1 of this Section B, or the
construction provided for therein, if require1
Grantor or its successors or assigns, shall h
the riqht at its election, in addition to and
without prejudice to any other remedies,
imediately to assume and carry out the
maintenance and operation of and construction
said land as a public parking lot, provided
that Grantor, or its successors or assigns up
assuming such maintenance and operation, shal
pay the cost thereof, until such time as Gran
assumes and is ready to carry out, or causes
another person, association, or corporation r
and able to do so, to assume and carry out th
maintenance and operation of said land as a
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public parking lot in accordance with
paragraph 1 of this Section B.
,.
3. Should the parking facilities be damaged by
fire, lightning, vandalism, malicious mischie
any other casualty, Grantee shall cause the
repair of such damaqe with all reasonable
dispatch. Grantee shall procure and maintair
or cause to be procured and maintained in ful
force and effect at all times, a policy or
policies of insurance against loss or damage
to the improvements of the parking facilities
resulting from fire, lightning, vandalism,
malicious mischief and such other perils as
are ordinarily included in "fire and extendec
coverage insurance", providing coverage at or
hundred percent (100%) of the replacement val
said improvements written by a financially
responsible insurance company (s) authorized 1
business in the State of California. Anyone
having possession of any or all of said park:
facilities under a lease, license or other
similar document, or anyone to whom all or
any part of said parking facilities are assic
pledged or placed in trust as security for ai
loan for the cost of said improvements shall
named as additional insured under such polic.
of insurance. The insurance obligations of
Grantee pursuant to this paragraph are fulfi
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.. if Grantee causes the procurement and
maintenance of such insurance and Grantee
or its successors and assigns are named as
additional insured under said policy of
insurance. If the improvements are to be
repaired or rebuilt all proceeds of insurance
with respect to loss or damage shall be appli
toward the cost of said repair or rebuilding.
If the improvements are not required to be
repaired or rebuilt as provided for herein,
all proceeds of insurance with respect to 10s;
or damage shall be deposited in a fund for
redemption of indebtedness of Grantee in
connection with the construction of said
parking facility improvements.
4. Enforcement of the conditions, restrictions,
reservations and covenants herein provided ma:
be by any legally available remedies. Such
remedies shall include, but not be limited to
injunction or specific performance,
5- ThiS grant is made on the express understandi
that the Lease constitutes valid and binding
Obligations respectively on the part of Grant
and the Lessee therein named, and should the
contrary be established at any time during th,
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judgment of court of competent jurisdiction,
the entry of such judgment shall constitute
a condition subsequent to the conveyance
hereby made pursuant to which all right,
title and interest in and to the land conveye
hereby shall revert to and revest in Grantor
in the same manner as if this conveyance
had never been made.
6. In the event that Grantee or its successors
and assigns fail to perform and fulfill the
covenants, conditions and restrictions set fc
in Paragraph 1 through 5 inclusive, for a per
of ninety (90) days after written notice fron
Grantor or its successors or assigns, Grantox
or its successors or assigns shall have the
right, at its election, in addition to and
without prejudice to any other remedies,
immediately to terminate the estate herein
granted for condition broken by reentering tl
land conveyed hereby pursuant to California
Civil Code Section 1109 or any successor stal
7. Each and all of the covenants, conditions anc
restrictions herein set forth shall be deemec
and construed to be continuing, and the
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. .. extinquishment of any right of entry or
reversion for any breach shall not impair
or affect any of said convenants, conditions
or restrictions so far as any future or other
breach is concerned. No waiver of breach of
any of the covenants, conditions and restrict
herein contained shall be construed to be a
waiver of any other breach of the same or othc
covenants, conditions or restrictions nor sha.
failure to enforce any one of such covenants,
conditions or restrictions either by forfeitu:
or otherwise, be construed as a waiver of any
other covenants, conditions or restrictions
provided, however, that no such breach shall
defeat the lien or encumbrance affecting the
land conveyed hereby and made in good faith
to secure indebtedness incurred in improving
said land for the uses and purposes aforesaid
8. The covenants, conditions and restrictions ma(
by Grantee hereunder are hereby expressed to 1
for the benefit of the adjoining lots and are
made expressly by Grantee to bind its success(
and assigns in favor of Grantor and the owner!
of the adjoining lots and the respective
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- .. successors and assigns of Grantor and said
owners, and are expressly intended to run wit
such land and each portion thereof.
PLAZA CAMINO MAL, a limited partnership
January 20, 1981
By: May Centers, Inc., Sole Genera
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STATE OF MISSOURI 1 (1 . ".. ' .- dB ) ss. & .-. OF =$5% ,/t-;,-. /< )
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, bJ i. - -G,-dq,L~.L-''L*, I 19W, before me, the undersigned., a Notary Pubzic in and for said State, personally
appeared ~kjl$L~,/ ;q &kAd&-+i4 I known to me to be the ,/ .s ; .. /(&&%.L?&fd&.A* and/!*? ..+(;%.-,&{-< ./"-,.;.,,+,:?p >?;/J.& . &&9B' kfXm"
--be Of MAY CENTERS, INC., the corporat3on that executed the within instrument on behalf of said corporation, said
corporation being known to me to be one of the partners of PLAZA
CAMIN0 REAL, a limited partnership, the partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that such partnership executed the same.
WITNESS my hand and official seal.
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OERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interest in real property
conveyed by the deed or grant dated January 20, 1981 from Plaza
Camino Real, a limited partnership, to the Parking Authority of
the City of Carlsbad, a public corporation, is hereby accepted by
the Parking Authority of the City of Carlsbad pursuant to
Resolution No. 25, adopted on January 20, 1981, and the grantee
consents to the recordation thereof by its duly authorized officer.
DATED: February 13, 1981
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By :
Clerk of the Parking Authority