HomeMy WebLinkAbout; OCEANSIDE, CITY OF; 1992-0227407; Property\_
*' qECORDING REQUESTED BY e
I ".?-CITY OF OCEANSIDE
ENGINJZEVING DEPARTMENT
REAL PROPERTY MANAGIMIWC I I
AND WHEN RECORDED MAlL TO I - 11 CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008-1989 - -I
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DOC #I ~~?~-~2~~4~~
ry -- .I $ 20-APR-I992 C59:l.? APB c 1u OFFICIAL RECRDS SAN DIEGO COUNTY RECDRBER'S OFFICE ANNETTE EUAMS 9 EOUNTY R€~~~~E~ FEES: 0.00 NA
r MAIL TAX STATEMENTS TO 1
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I SPACE ABOVE THIS LINE FOR RECORDER'S USE
Q .. .. .Corporation Grant Deed 1/22/92 (13) DOCUMENT D92-13 - r. . ., - r ,?: i'- a 9,; c':: T; r: -( !:$ ;< :, .* ' ,i ., , -.
TO 1921 CA ( 12-74] THIS FORM FURNISHED BY TICOR TITLE INSURERS A. P. N.POR- 165-120-17 b
The undersigned grantods) declare(s):
Documentary transfer tax is $NONE " $0
( ) computed on full value of property conveyed, or
( ) computed on full value less value of liens and encumbrances remaining at time of sale.
( ) Unincorporated area: m City of QCEANSU)E, and
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
I CITY OF OCEANSIDE, a Municipal Corporation,
a corporation organized under the laws of the State of California hereby GRANTS to I I \\ ',.
CITY OF CARLSBAD, a Municipal Corporation, I 1 the following described real property in the City of Oceanside,
County of San Diego , State of California:
DESCRIBED IN A LEGAL DESCRIPTION THEREOF MARKED EXHIBIT "Aa1, AND SHOWN ON A SKE'J"'J'
TEEREOF M&Kf.D EXHIBIT "B" , ATTACEIED HERETO AND INCORPORATED HEREIN BY REFERENCE.
In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this instru-
ment to be executed by its MAYOR
thereunto duly authorized.
Dated: JANUARY 22- 1992
,STATE OF CALIFORNIA } ss. COUNTY OF
On before me. the under-
signed. a Notary Public in and for said State. personally appeared
, known
to me to be the President, and
known to me to be
Secretary of the Corporation that executed the within Instrument. known to me to be the persons who executed the
acknowledged to me that such Corporation executed the within Instru within Instrument on behalf of the Corporation therein named, and
ment pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature
(This area for official notarial seal)
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LL-PURPOSE ACKNOWLEDGMENT
State of California
Countyof Sari Diego
OnMarch 18 I 1992 before me, Rebecca R. Sheets OFFICER(S)
personally appeared Lawrence M. Baqley and Barbara X. Bishop, - 0 ATTORNEY-IN-FACT
El personally known to me - OR - 0 proved to me on the basis of satisfactory evidence SUBSCRIB,NG WlTNESS
1 rf - -f ill CAPACITY CLAIMED BY SlGNEl
INDIVIDUAL(S)
CORPORATE
DATE NAME, TITLE OF OFFICER. E.G., 'JANE DOE, NOTARY PUBLIC" TITLE@) 0 PARTNER(S)
NAME(S) OF SIGNER(S) Smith TRUSTEE(S)
to be the person(s) whose name(s) idare
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed BOTHER: Mayor and
GUARDIAN/CONSERVATOR
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
orthe entity upon behalf of which the person(s)
acted, executed the instrument.
Witness my hand and official seal.
City Clerk, resp.
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(1ES)
City of Oceanside
Pb .v *.-2 \ SIGNATURE OF NOTA~Y
ATTENTION NOTARY: Although the information requested below is Of'TONAL, it CouM prevent fraudulent attachment of this certificate to unauthorized document,
THIS CERTIFICATE
MUST BE ATl'ACHED
TO THE DOCUMENT
Title or Type of Document Corporation Grant Deed
Number of Pages 3 Date of Document 1 / 22 / 9 7 - DESCRIBED AT RIGHT: Signer(s) Other Than Named Above
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EXHIBIT "A"
LEGAL DESCRIPTION
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THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF OCEANSIDE, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 31, NORTH 89O42'19I' WEST 348.70 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH
89°42'19tt WEST 1127.70 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF
SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31 , NORTH 46°36,53tt EAST 143.87 FEET; THENCE NORTH OOoOOfOO~~ EAST 312.90 FEET MORE OR LESS (RECORD 312.85 FEET) TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF STATE HIGHWAY 78, AS SHOWN ON CALIFORNIA STATE HIGHWAY MONUMENTATION MAP-MS735; THENCE NORTH 88°00'18" EAST 543.24 FEET (RECORD 543.32 FEET) ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 78; THENCE NORTH 89°41'28t1 EAST 447.06 FEET; THENCE
LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 78, SOUTH
00°24'1111 EAST 167.23 FEET; THENCE SOUTH 1O03O,0Ot1 EAST 111.73 FEET;
THENCE SOUTH OOoOO'OO~t EAST 132.24 FEET; THENCE SOUTH 2l03O'0Ot1 EAST
31.72 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING.
NORTHEAST QUARTER OF SAID SECTION 31; THENCE ALONG THE SOUTHERLY
CONTAINING 9.985 ACRES MORE OR LESS.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT "B" .
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION.
0- ,- /,7/92
CEC1L P.L.S. E4*/ 399 ' W
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.I EXHIBIT "B" , ' 71 d zy .* ..
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PLAZA CAMINO REAL
MARRON ROAD
VICINTY MAP ,
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ASSESSOR'S PARCEL NO.: VESTED IN:
Right-of-way Engineering Services, Inc. A PORTION OF
Civil Engineering Land Surveying 165-120-17 CITY OF OCEANSIDE
2103 El Camino Real Ste. 208 Oceanside, CA 92054
(619) 757-4443 ACAD FNAME: MALLRW.DWG SHEET 1 OF 1 DATE: 1 /09/92
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CERTIFICATION FOR ACCEPTANCE OF DEED
This is to certify that the interesk in real property
conveyed by the deed or grant dated January 22, 1992
from The City of Oceanside, A Municipal Corporation
to the City of Carlsbad, California, a municipal corporation,
is hereby accepted by the city Council of the City of Carlsbad,
California pursuant to resolution No. 5600 , adopted
on November 14, 1978 , and the grantee consents to the
recordation thereof by its duly authorized officer.
DATED: March 31, 1992
By : aLiA#Q-
ALETHA L. RAUTENKRANZ, Cit
% la .o” @& a a I @e 8
+@OR.AT@ Engineering Department
March 19, 1992
Mr. Jim Elliott Director of Finance CITY OF CARLSBAD
1200 Carlsbad Village Drive Carlsbad, CA 92008
SUBJECT: PLAZA CAMINO REAL PARKING LOT
Dear Mr. Elliott:
Pursuant to the request of Ms. Sherri Howard, Engineering
Department, I am forwarding to you the original Corporation Grant
Deed transferring the property occupied by the Plaza Camino Real
Parking Lot from the City of Oceanside to the City of Carlsbad.
Also, accompanying this letter is a conformed copy of the Certificate of Compliance which was recorded in the Office of the County Recorder on March 3, 1992, as File/Page No. 92-0118339. This copy is provided for your records.
Please provide us with a copy of the Grant Deed after it has been recorded with the County Recorder.
If you should have any questions in this matter, please do not
hesitate to contact me. My telephone number is 966-4748.
Thank you for your cooperation and assistance in this regard.
Sincerely,
WFM: ym
cc: Barbara K. Bishop-Smith, City Clerk Sherri Howard, Engineering Department
IC CENTER 300 NORTH HILL STREET OCEANSIDE, CA 92054 TELEPHONE 61 9-966-471 0 FAX 61 9-966-41 6
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' CITY OF OCEANSIDE . ENQINEERINQ DlVlSlON :3
8.. ;* .. ~~WSIOE. CA 920s
CITY HALL Thisk~toho7m'd""of*
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AND WHEN RECORDED MAIL TO -1 sal mgo cay iy ,
Name: City Clerk
Street: 900 North Hill Street city: Oceanside, CA 92054
city of Oceanside
I I I A-\037 "I SPACE ABOVE THIS LINE FOR RECORDER'S USE
I CERTIFICATE OF COMPLIANCE I REQUEST FOR CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSmNT
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CERTIFICATE OF COMPLIANCE NO. cc-06-91 PLAZA CAMINO REAL PARKING LOT
of record Of red property within the CrrY OF OCEANSIDE. County of San Diego, California. hereby request to adjust existing property lines
Signature Signature I Lawrence M. Bagley , Mayor
... II City of Oceanside
-. T'..? , 3, ;.. ( Name (typed) Name (typed) he (typed) - 1 Signature Signature Signature
I.
Name (typed) Name (typed) Name (typed)
Date Date
LEGAL DESCRIPTION OF NEW PARCELS
(TYPED)
I
EXHIBIT "A"
LEGAL DESCRIPTION
VESTING: CITY OF OCEANSIDE APN'S: 156-302-28 AND 165-120-17
I PARCEL 1:
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 31, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO
MERIDIAN, IN THE CITY OF OCEANSIDE, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE
LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31, NORTH 89'42'19" WEST 348.70 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY LINE NORTH
89°42'19tt WEST 1127.70 FEET; THENCE LEAVING SAID SOUTHERLY LINE OF
SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31,
NORTH 46O36'53lv EAST 143.87 FEET; THENCE NORTH OOoOO/OOtt EAST 312.90 FEET MORE OR LESS (RECORD 312.85 FEET) TO A POINT ON THE SOUTHERLY
RIGHT-OF-WAY LINE OF STATE HIGHWAY 78, AS SHOWN ON CALIFORNIA STATE
HIGHNAY EiGNlJHENTATiVli XAP-XS735; THENCE NORTH $$080~i8cs EAST 543.24 FEET (RECORD 543.32 FEET) ALONG SAID SOUTHERLY RIGET-OP-???!V L1?!E c)F STATE HIGHWAY 78; THENCE NORTH 89°41'28tt EAST 447.06 FEET; THENCE
LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 48, SOUTH
00'24'11" EAST 167.23 FEET; THENCE SOUTH 1O03O'0Ott EAST 111.i73 FEET;
THENCE SOUTH OOoOO'OOtt EAST 132.24 FEET; THENCE SOUTH 21'3Ot~0Ott EAST
31.72 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. '
NORTHEAST QUARTER OF SAID SECTION 31; THENCE ALONG THE SOUTHERLY
CONTAINING 9.985 ACRES MORE OR LESS. i .I ;. .
WO/O26/0
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This instrument fifed for record by San Oiego
County Ttle Company as an BCC- ody. !t
hasnotbeenexamined ato itsexecutronwasto
its effect upon title, I
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I APPLICANT: Pa+ , I
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CERTIFICATE OF COMPLIANCE ~ PARCEL 2: CONTINUATION I
THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
. MERIDIAN, IN THE CITY OF OCEANSIDE, COUNTY OF SAN DIEGO, ~ STATE OF
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE ALONG THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTEI~ OF SAID SECTION 32, W?I'H 89'42'19'' WEST 123.93 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY Lr E NORTH
89°4281911 WEST 224.77 FEET; THENCE LEAVING SAID SOUTHERL LINE OF
SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SE TION 31, NORTH 21'30'00" WEST 31.72 FEET; THENCE NORTH OOoOO'OO" EA T 132.24
WEST 167.23 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY IGHT-OF-
WAY LINE OF STATE HIGHWAY 78, AS SHOWN ON CALIFORNIA STAT i HIGHWAY ,~
78 MONUMENTATION MAP-MS735; THENCE NORTH 89O41'28ll EAST 54-07 FEET
ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE-HIGHWAY 78 ; THENCE
ALONG THOSE CERTAIN COURSES AS DESCRIBED IN DEED TO "PLAZA CAMINO -:
REAL" RECORDED FEBRUARY 2, 1981 AS FILE/PAGE 81-032662 OFFICIAL "
RECORDS OF SAID COUNTY AND STATE AS FOLLOWS: SOUTH OOO24 ' 11" EAST 171.26 FEET (RECORD 171.22 FEET) ; THEiCE NORTH
SECTION 31 AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARDINO
CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
I .. .
FEET; THENCE NORTH 10°30'0081 WEST 111.73 FEET THNNCE NORTH 0°24'11@1
LEAVING SAID SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHW~Y 78 AND
88'34'08'' EAST 66 FEET; THENCE SOUTH 00'00'00" EAST 26.iOO FEET; THENCE NORTH 90°00tO011 EAST 129.50 FEET; THENCE SOUTH 63°25i1811 EAST
119.00 FEET; THENCE SOUTH 65°45'001@ EAST 109.50 FEET; THEYCE SOUTH
68°30'0011 EAST 89.00 FEET; THENCE LEAVING THOSE COURSES AS DESCRIBED
IN SAID DEED TO "PLAZA CAMINO REAL" SOUTH 71O38'56" EAST 13.17 FEET
TO THE MOST NORTHERLY CORNER OF THAT DEED TO "THE PARKING qUTHORITY OF THE CITY OF CARLSBAD" RECORDED JANUARY 22, 1981 AS FILElPAGE NO. 81-011122 OFFICIAL RECORDS OF SAID COUNTY AND STATE, THENCE ALONG THE NORTHEASTERLY LINE OF SAID DEED AS FILE/PAGE NO, 84-021122; SOUTH 69'30'00" WEST 313.24 FEET TO THE TRUE POINT OF BEGHNNING.
CONTAINING 2.394 ACRES MORE OR LESS.
ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION is A PLAT LABELED EXHIBIT "B".
THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED By ME OR DER ~y DIRECTION. P p2g&
CECIL 2. R
P.L.S. 399 ,
I hereby certify that the above described parcel complies with
mce. having been exempt from said act and ordinance at the
This determination DOES NOT GUARANTEE that the subject property NOTE
purchasers should check Site condifions and applicable development e Property is suitable for their inte ded use.
i vision Map Act and of the Crpl Subdivision Ordi- .
Ad. financed, leased or transferred.
v%ment standards for subdivideddanels. Prospective I - ENGINEERING DEPARTMENT
.,-+A' CITY OF OCEANSIDE @ EhtQlNEERlNG DIVISION
ClTT HALL 320 N. HORNE STREET
OCEANSIOE. CA 92054
o+%RAT@ By: ~
THOMAS 6. THERRlEN " Tile: cv\ EWQk
ASSISTANT CIM ENGINEER R.C.E. 37301 EXP &r30/992
LS. 5519 EXP 9/30/92
Date: ZIZLIICI 7,
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L a e CITY OF OCEANSIDE ENGINEERING DEPARTMENT
P LA T FOR COMPLIANCE cc-06-91
LOT LINE ADJUSTMENT/CERTIFICATE OF
PT,AZA CAMINO REAL PARKING LOT
3
SEE EXHIBIT "B" ATTACHED HERETO
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I' :I EXHIBIT " B "
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CITY OF OCEANSIDE
LOT LINE ADJUSTMENT
ASSESSOR'S PARCEL NO.: VESTED IN: 1
Right-of-way Engineering Services, Inc. 156-302-28
2103 El Camino Real Ste. 208 Oceanside. CA 92054 (619) 757-4443 ACAD FNAME: MALLRW.DWG
Civil Engineering Land Surveying 165-120-17 CITY OF OCEANSIDE
* DATE: 1 /09/92 SHEET 1 OF 1
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RESOLiiTION NO. 5600
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING AN AGREEMENT BETW3EN THE CITY OF CAFZSBAD AND THE CITY OF OCEANSIDE FOR THE ACQUISITION OF
PUBLIC PARKING, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREENEXT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
and the City of Oceanside for the acquisition of public parking,
a copy of which is attached hereto marked Exhibit A and made a
part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AXD ADOPTED at / regular meeting Of the an adjourned
City Council of the City of Carlsbad, California, held on the
14th day of November , 1978 by the following vote, to wit:
AYES : Councilmen Packard, Skotnicki, Lewis and Counci 1 wonan Cas1 er NOES : Counci 1 man Anear
ABSENT: None Jk2242? &J
RONALD C. PACKARD, Mayok
ATTEST :
(SEAL)
" ' ' ' ' '1 ' " ' ' '1 11" -6
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&l *AS. 1
AGREEMENT
THIS AGREEBNT is made this 9 day of &+2 ,
1978, by and between the City of'oceanside, a California
Municipal Corporation, hsreinafter referred to as "Oceanside ,"
and the City of Carlsbad, a California Municipal Corporation,
hereinafter referred to as "Carlsbad."
WITNESSETH
WHEREAS, Carlsbad has issued a series of land use
approvals providing for the expansion of the Plaza Canino Real
Regional Shopping Center; and
WHEREAS, such expansion will create the need for a
substantial amount of additional public parking in the area;
and
WHEREAS, because of the physical configuration of
the shopping center site, there are no suitable land areas
available within the city limits of the City of Carlsbad which
can be used to provide that parking; and
WHEREAS, Oceanside will acquire a fully improved pablic
parking area within the City of Oceanside, which is immediately
adjacent to the public parking areas owned by the Carlsbad
Parking Authority which serve the Plaza Camino Real Shopping
Center. Said area is more properly described on Exhibit A,
attachcd hereto and made a part hereof; and
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WHEREAS, such parking area is in excess of Oceanside's
and
the public parking area from Oceanside to Carlsbad and is
mutually satisfactory to Oceanside and Carlsbad;
NOW, THEREFORE, in consideration of the mutual
promises and agreements herein contained, the parties hereto
agree as follows:
facilities on the property described in Exhibit A, and the
conveyance thereo!:' to Oceanside, Oceanside shall immediately
The Lease, which the parties hereby agree to enter into, is
attached to this Agreement as Exhibit R, and is made a part
hereof. By their respective approvals and execution of this
Agreement, Carlsbad and Oceanside authorize their respective
Mayors to execute said Lease. The Lease shall be executed
' Real Regional Shopping Center in Carlsbad.
///
///
..- . .
IN WITNESS WHEREOF, Oceanside and Carlsbad have
signed this Agreement as of the day and year first above
written.
CITY OF OCEANSIDE
APPROVED AS TO FORM:
..
CITY OF CATUSBAD
.APPROVED AS TO FORM:
RONALD C. PACKARD, Nayor
City Attorney
-
-. . .. .. . . .... ._."_"_"- 4
Agreement dated
c
LEGAL DESCRIPTION
A parcel of land situated in the City of Oceanside, County of San Diego, State of California, being a portion of the.
Northeast Quarter of Section 31, Township 11 South, Range 4 West described as follows:
Beginning at the Southeast corner of the North Half of the Northeast Quarter of Section 31; thence along the South line of said North half, North 89O42'19" West, 325.70 feet to the TRUE POINT OF BEGINNING: thence North 89O42'19" West, 1420.70 feet; thence leaving said South line North 397.24 feet; thence North 88°00'18" East, 918.12 feet; thence North 89O41'28" East, 500.04 feet; thence South OO24'11" East, 439.22 feet to the TRUE POINT OF BEGIYNIXG.
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.. !.( , , -.. EXIIIBIT €3' ' Oceanside/Carlsbad
Agreement aated
LEASE
THIS LEASE is made this . day of I
1978, by and between the City of Oceanside, a California
Municipal Corporation, hereinafter referred to as "Oceanside,"
and the City of Carlsbad, a California Municipal Corporation,
hereinafter referred to as "Carlsbad."
WITNESSETH
WREREAS, Oceanside owns a public parking lot which is
in excess of its needs: said lot is more particularly described
in Exhibit I, attached hereto and macle a part hereof; and
WHEREAS, Carlsbad has determined that there is a
necessity for more public parking in the City of Carlsbad to
serve the area around the Plaza Camino Real Regional Shopping
Center; and
WEREAS, the parties have reached agreement on mutually
beneficial terms whereby Oceanside will lease their public
parking lot to Carlsbad;
NOW, THEREFORE, in consideration of the mutual promises
and agreements herein contained, the parties hereto agree as
follows :
SECTION 1: Lease of Public Parking Area.
Oceanside hereby leases to Carlsbad and Carlsbad hereby
leases from Oceanside the real property and improvements located
I I 11 I I'll 11 Ill 11' 111 I I 111 I 1 I-. R I
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.- __ . - "._ . -. . .~ 3 ..
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in the City of Oceanside and more particularly descsibed in
Exhibit 1.
SECTION 2 : Term.
The term of the Lease shall commence on the day
" -
of r 19- . The te'rm of this Lease shall be fifty
(50) years and shall expire at midnight of the last day of the
fiftieth (50th) year.
SECTION 3: Rent.
Carlsbad agrees to pay rental in the amount 0.' L Seven
Hundred Thousand and Forty Dollars ($700,040) for the possession
and use of the leasehold as provided herein for the fifty (50)
year term as follows:
Carlsbad shall pay to Oceanside without deduction,
setoff, prior notice, or demand, the sum of Seventy
Thousand Dollars ($70,.000) annually for each of the
first ten (10) years of this Lease and One Dollar
($1.00) annually for each of the remaining forty (40)
years of the Lease. The rent shall be due and payable
m on the last day of each year of this Lease.
SECTION 4: Rent Adjustment.
As of the date of this Lease state law provides that x
.Carlsbad will receive one cent of the six cent state sales tax
to be collected on taxable sales at the rjroadway Department
Store at Plaza Camino Real in Carlsbad. The rental payment in
Section 3 is based upon an assumption that Carlsbad will continue
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to receive said one cent through the first ten (10) years
of this Lease. If the state law governing the distribution
of sales tax to cities is changed at any time during the first
ten (10) years of this Lease so that Carlsbad receives less than
said one cent, and if any portion of said one cent is distributed
to cities on a basis other than situs of sale, then the rental
payment clue under Section 3 of this Lease shall be reduced to
One Dollar ($1.00) per year effective when said change in state law
is effective.
During the first ten (10) years of this Lease, if state
legislation alters the manner in which state sales tax revenues
are distributed to local entities in some manner other than
described above in this section, and if such alteration reduces
Center, and if such alteration results in the receipt by Oceanside
Section 3 of this Lease shall be subject to renegotiation upon
the request of-the City of Carlsbad so as to provide for a
reduction of said rent consistent with the reduced tax revenues
SECTION 5: Option.
'The City of Carlsbad shall have the option to purchase
the leasehold at any time for One Dollar ($1.00), on the condition
that the City of Carlsbad shall have paid the rental required by
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Sections 3 and 4 of this Lease. The parties hereto acknowledge
and agree that the nominal amount of the purchase price is based ,
on the fact that the payments required of Carlsbad by this
* Agreement represent both rental and approximate fair market
' value. The option may be exercised by giving Oceanside written
notice of Carlsbad' s intent to exercise the option. Oceanside
shall have sixty (60) days within which to deliver title to the
subject property.
SZCTION 6: Maintenance and Operation.
Carlsbad shall maintain during the term of the Lease
hereunder the parking area in good order, condition, and repair,
and shall be iesponsible for all costs 'acd expenses of operating
same as a public parking facility. Oceanside agrees to keep the
leasehold free and clear of all liens, charges and encumbrances.
The estate conveyed hereby is subject to the right of Plaza
Camino Real to maintain, manage and operate the parking facilities
for the public purposes for which the same were constructed and
conveyed to Oceanside to wit: for use by the general public as -
an off-street parking lot for r.otor vehicles. Immediately upon
execution of this Lease, Carlsbad shall enter into an agreement
with Plaza Camino Real whereby the subject property will be made
subject to the Plaza Camino Real Public Parking Lot Operating Agree-
. ment between City of Carlsbad, Parking Authority of City of Carlsbad
and Developer, Exhibit F to tile Fourth Supplement to Agreement for
Expansion of Plaza Camino Real Regional Shopping Center, whereby
Plaza Catxino W operates the public parking areas med by the Carlsbad
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Parking Authority. In addition, the agreement shall provide for
&e assumption by Plaza Camino Real of .Carlsbad's obligations
under this section to operate and maintain the public parking area.
SECTION 7: Indemnity.
Carlsbad shall indemnify Oceanside and hold Oceanside
harmless from and against any and all actions, claims, demands,
costs, damages, penalties, expenses or liabilities of any kind
whatsoever by reason of the maintenance or operation of the
parking lot or by reason of the use thereof. This indemnifi-
nay expend in connection with any of the foregoing.
SECTION 8: Insurance.
carry public liability and property damage insurance covering
the parking lot written by financially responsible insurance
company(s1, authorized to do business in the State of California
and with limits of liability of at least a combined single limit
of Two Million Dollars ($2,000,000) per occurrence. All such
insurance shall name Oceanside as additional insured and shall
- - of this Lease.
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against loss or damage to the improvements of the parking lot,
resulting from fire, ?.ightning, vandalism, malicious mischief,
. and such other perils as are ordinarily included in ”fire and
extended coverage insurance,” providing coverage at one hundred
percent (100%) of ‘the replacement value of said improvements
written by financially responsible insurance company(s1 authorized
to do business in the State of California. Oceanside shall be
Proceeds of the said insurance shall be applied toward the cost
of repairs or replacements of said improvements.
Carlsbad shall cause policies of insurance or certificates
cancelled except after thirty (30) days written notice to
Oceanside. The insurance required under this section may be
obtained through blanket policies or contracts which may cover
other properties or liabilities, provided that as respects. the
insurance referred to in this section, there is separately stated
parking lot an amount at least equal to the amount of insurance
required with respect to the parking lot as if the same were so
insured under separate policies or contracts of insurance.
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SECTION 9: Purpose of Use. .
Carlsbad shall be obligated to manage, operate and
maintain the parking area leased so as to afford to the general
public an off-street public parking lot for motor vehicles
without charge in accord with the Public Parking Law of 1949.
SECTION 10: Assiqnment and Sublease.
This lease and any interest herein shall not at any
time, without the prior written consent of Oceanside, be
mortgaged, pleadged, assigned, subleased or transferred by
Carlsbad.
SECTION 11: Assumption of Obligations.
Except for payment of rent as provided in Section 3
above, Carlsbad may satisfy all or any part of its obligations
to Oceanside under this Lease by furnishing Oceanside with a copy
of an agreement between Carlsbad and Plaza Camino Real whereby
Plaza Camino Real assumes responsibility for such obligations.
SECTION 12: Surrender of Leasehold.
Upon the expiration of this Lease and in the absence of
. exercise of any option to buy, Carlsbad agrees that they shall
surrender to Oceanside all property then under lease hereunder,
'together with any improvements thereon, in good order and con-
dition and in a state of repair that is consistent with prudent
use and conscientious saintenance except for reasonable wear and
tear.
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SECTION 13: Right of Entry.
^Oceanside and its designated representative shall have
the right to enter upon the leasehold during reasonable business
hours and in emergencies at all times, for any purpose related
to Oceanside's rights or obligations under this agreement, or
for any other lawful purpose.
SECTION 14: Liens.
When Oceanside leases the property to Carlsbad it shall
be free of all liens and encumbrances. Carlsbad shall keep the
parking lot free and clear of all material liens or mechanics'
liens or any other similar liens for repair, maintenance and
operation, services, lzbor or materials which may arise from any
work done on the parking lot by or at the direction of Carlsbad.
Carlsbad may in good faith contest the validity of any such lien
and shall at its expense defend itself and Oceanside against the
same and pay any final judgment which may be rendered thereon.
If Carlsbad elects to contest any such lien, they shall record
a surety bond in accordance with California Civil Code Section 3143
releasing the parking lot from such lien within ten (10) days
after it becomes aware of the recordation..of any such lien or
Carlsbad shall deliver the aforementioned bond to Oceanside.
SECTION 15: Taxes.
The parties take the position that the leasehold
constitutes public property free and exempt from all taxation;
however, Carlsbad and Oceanside agree to jointly take whatever
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or to recover any tax or assessment paid.
The parties hereto mutually covenant and agree that
Carlsbad, by keeping and performing the covenants and agreements
herein contained, shall at all times during the term, peaceably
and quietly have, hold, and enjoy the leased property without
suit, trouble or hindrance from Oceanside.
SECTION 17: Applicable Law.
This Lease shall be governed exclusively by the
contained.
SECTION 18: Notices.
All notices, statements, demands, requests, consents,
approvals, authorizations, offersl agreements, appointments,
or designations hereunder by either party to the other shall be
in writing and shall be sufficiently given and served upon the -
receipt requested, postage prepaid and addressed as follows:
City of Oceanside City Manager 321 North Nevada Street Ocdanside, CA 92054
City of Carlsbad City Manager 1200 Elm Avenue Carlsbad, CA 92008
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SECTION 19: Waiver.
any term, covenant, or condition hereof shall not operate as
a waiver or any subsequent breach of the same or any other term,
covenant, or condition hereof.
SECTION 20: Enforcement.
If Carlsbad shall at any time fail or refuse to pay
required on their part under this Lease, Oceanside may prosecute .
any proceeding at law or in equity to secure by way of specific
SECTION 21: Validity.
If any one or more of the terms, provisions, promises,
covenants, or conditions of this Lease shall to any extent be
adjudged invalid, unenforceable, void, or voidable, or unforce-
able by Oceanside, or if for any reason it is held by such a
Court that the covenants and conditions of Carlsbad hereunder,
' - including the covenants to pay rent hereunder, is unenforceable
for the full term hereuntier, then and in such event for and in
conside?-ation of the right of Carlsbad to possess, occupy, and
. use the leasehold, which right in such event is hereby granted,
then this Lease shall thereuponhecome, and shall be deemed to
be, a lease from year to year under which the annual rents
herein' specified shall be paid by Carlsbad.
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IN WITNESS WHEREOFr Oceanside and Carlsbad have signed
this Lease as of the day and year first above written
CITY OF OCEANSIDE
IRENE D. DUEHREN, City Clerk PAUL G. GRAHAM r Mayor
APPROVED AS TO FORM:
ATTEST : CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ, City Clerk RONALD C. PACKAFD, Mayor
APPROVED AS TO FORM:
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LEGAL DESCRIPTION
EXIIIBIT 1 to Oceanside/i2arlsbad LEASE dat"' 8 - EXIIIBIT 1 to Oceanside/i2arlsbad LEASE dat"' 8 -
A parcel of land situated in the City of Oceanside, County of San Diego, State of California, being a portion of the Northeast Quarter of Section 31, Township 11 South, Range
4 West described as follows: 11
Beginnirg at the Southeast'corner of the North Half of the Northeast Quarter of Section 31; thence along the
South line of said North hal.f, North 89°42"19" West, 325.70 feet to the TRUE POINT OF BEGINNING; thence North 89O42'19" West, 1420.70 feet; thence leaving said ..South line North 397.24 feet; thence North 88"00'18" East, 91-8-12 feet; thence North 89O41'28" East, 500.04 feet; thence South OO24'11'' East, 439.22 feet to the
11
TRUE POINT OF BEGINNING.
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A
MEM0m"DUM
DATE : January 1'6, 1981
TO : Mayor and City Councii
FROM : City Attorney
SUBJECT: PLAZA CAMINO REAL BOND SALE
The Parking Authority, at their meeting of January 20, 1981, will take eight separats actions toward consummation of the sale of $1,500,000 in revenue bonds. A memorandum from this office to the Parking Authority, dated January 16, 1981, outlines those actions and is attached for your information. Copies of the docxments are available in our office.
The Council will recall that the Basic Agreement between Plaza Camino Real and the City provides that the public parking areas will be operated an.d maintaiced by Plaza Camino Real at no cost to the City. In order to accomplish that portion of the trans- action, it is necessary that the Council adopt three resolutions,
approving three separate agreements, for Plaza Camino Real to assume responsibility for the parking area. First is the Basic Operating and Maintenance Agreement. The Council has previously approved th2 form of that agreement as a part of the Fourth Supplement. The second is a supplement to that agreement to add the additional area acquired by the Parking Authority in the vicinity af the Oceanside Sewer Pwp Station. The third is an agreement whereby Plaza Camino Real will assume all of Carlsbad's obligations under the City's lease with Oceanside of the additional parking located in that city. It is recommended that the City Council adopt Resolutions No. 6428 r No* 6429 and No. 6430 t approving the three agreements.
The Basic Agreement provides that the property owners adjacent to the Marrm Road extension will contribute to the cost of the road when their property is developed. If any property owner does not wish to contribute, the agreement provides that the amount of the bond sale will be reduced. We have been informed that all of the adjacent property owners are agreeable to contribution. The form
of the contribution agreement has resulted from lenghty negotiations between our office and ths attorney for Plaza Camino Real. It is necessary for the City Council to approve the execution of the
contribution agreements. As of the date of this memorandum, the executed agreements have not been received but the Plaza Camino
Real's attorney has represented that they will be here prior to
your January 20, 1981 meeting. It is recommended that the Council
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Mayor and City Council -2- January 16, 1981
adopt Resolution NO, 6431 I approving five agreements with the
Grove Apartments Investment Company and one agreement with the May Centers, Inc.; Bernard Citron; Fred A. Bartman, Jr., the Marital Trusts, created under the Last Will of William S. Bartman; the Residuary Trust, created under the,Last Will of William S. Bartman; and Harry J. L. Frank, Jr. If these agreements are not received
in time for the January 20, 1981 meeting we will need to reschedule the matter as sccn as possible in order to accommodate the bond sale.
The Council will recall approving an agreement between the City and
Oceanside for the lease and ultimate acquisition of an additional public parking area located in that city. As part of that agreement the Council approved the form of a lease between the City and Oceanside and authorized the Mayors of the respective cities to execute it when certain events have occurred. We will be meeting early next week with the attorneys from Oceanside to finalize the Deed from Plaza Camino Real to Oceanside and to make the necessary arrangements for the Mayors of the two cities to execute the required documents. The City's obligation to pay rent will commence upon that execution.
The Plaza Camino Real has forwarded a series of documents to our office which include executed copies of the operating agreement, supplement and Oceanside operating agreement. We have undertaken to act as the escrowholder for the transaction pursuant to a set of escrow instructions. A copy of those instructions is attached for your inzormation. Your approval of the agreements should be with the understanding that our office will. proceed to use them in accordance with the escrow instructions.
VFB/mla v VINCENT F. BIONDO, JR.
City Attorney
Attachment
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