HomeMy WebLinkAbout1980-03-04; City Council; Resolution 60994'
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r) RESOLUTION NO. 6399 e
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA7 ACCEPTING A GRANT OF EASEMENT AND AGREEMENT FROM GROVE APARTMENTS INVESTMENT COMPANY FOR EROSION CONTROL PURPOSES
WHEREAS, Grove Apartments Investment Company has submitted a
Grant of Easement and Agreement conveying an easement to the City
of Carlsbad for erosion control purposes; said easement is on file
in the Office of the City Clerk and is incorporated by reference
herein; and
WHEREAS, the City Council of the City of Carlsbad has
determined it to be in the public interest to accept said easement;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, as follows:
1. That the above recitations are true and correct.
2. That the Grant of Easement and Agreement conveying
an easement to the City of Carlsbad for erosion control purposes,
is hereby accepted.
3. That the City Clerk is hereby authorized to cause the
original easement to be recorded in the Office of the County
Recorder of San Diego County, State of California, with the
appropriate Certificate of Acceptance attached.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 4th day of March 9 19 80 2
by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki , Anear, Lewis and Councilwoman Casler NOES: None
ABSENT: None
ATTEST:
@!Lz&L 2 #cd&zL¶A!!-- A ETHA L. RAUTENKRANZ, City Cledk (SEAL) I-
GRANT OF EASEMENT AND AGREEMENT
This Grant of Easement and Agreement is made as of the
17 day of ~&L(P,RY , 19$D, by and between GROVE
APARTMENTS INVESTMENT CO., a general partnership (hereinafter
referred to as the "Grantor"), the CITY OF CARLSBAD (hereinafter
referred to as the "Grantee"), and PLAZA CAPIINO REAL, a California
limited partnership (hereinafter referred to as "ECR") , with
reference to the following facts:
A. The Grantee as a condition of its approval of the
map for Carlsbad Tract No. CT 76-18 presented by PCR to Grantee
pursuant to the Subdivision Map Act required the installation by
PCR of a desiltation basin as shown on the drawing attached hereto
as Exhibit A and more particularly described in Exhibit B attached
hereto, both Exhibits being hereby incorporated by reference.
The parties acknowledge said drawing is made with reference to
the final map for said CT 76-18, depicting the site of the Plaza
Camino Real shopping center in Carlsbad, California, recorded in
the Office of the County Recorder of the County of San Diego, State
of California on August 11, 1978.
B. The desiltation basin shown on Exhibit A and described
in Exhibit B will occupy land owned by Grantor.
NOW, THEREFORE, the Grantor does hereby grant to the
Grantee the easement described below, to be held and exercised by
,the Grantee for the term and on the other terms and conditions
provided below.
1. Nature and Extent. The easement granted hereby (the
"Easement") shall be for the Grantee or PCR to build, inspect,
maintain, repair and remove a desiltation basin and appurtenant
access road having the dimensions, confiqurations and location shown
on Exhibit A (the whole of such desiltation basin and appurtenant
access road is hereinafter referred to as the "Desiltation Basin").
1
2. Term. The term of the Easement shall be from the date
of recording hereof until'the earlier of the following dates:'
date, if any, on which the existing 66-inch storm drain in Harrcn
Road is extended in a southerly direction, or the date, if any, on
the
which the drainage of the slope area situated south of Marron Road
shall have been diverted or drained or otherwise provided for ir.
such rrtanner that the Desiltation Easin is no longer required for
the purpose of desilting such drainage.
3. Covenants of PCR. As an essential inducement to the
Grantor, without which this Grant of Easement and Agreement would
not be executed, PCR covenants with the Grantor as follows:
(a) PCR will cause the Desiltation Easin to be
constructed and installed in accordance with Exhibit A, with good
material and workmanship, as diligently as possible and in such
manner as to do as little damage as possible to the property of
Grantor during and after construction, and PCR shall do all things,
including but not limited to landscaping, necessary to cause the
completed Desiltation Basin to intrude as little as possible upon
the appearance of the Grantor's property.
(b) PCR, at its expense, shall maintain and repair
the Desiltation Basin so as to keep the Desiltation Basin in
substantially good condition an2 repair.
(c) During the term of the Easement PCR, at its
expense, shall do a11 things, including but not limited to landscaping
-and filling, necessary to repair damage to the property of Grantor,
including the appearance thereof, resulting from the installation,
existence, maintenance or repair of the Desiltation Basin.
(d) Upon expiration of the term provided in Paragraph 2
hereof, for whatever reason, including but not limited to acts of
the Grantor, PCR, at its expense, shall promptly remove the
Desiltation Easin and the components thereof from the property of
the Grantor and do all things, including filling, compaction and
landscaping, necessary to restore the ere2 occupied by the Deslltation
Basin to a condition and appearance ccmparable to the then condition
and appearance of the adjacent property of Grantor. .
(e) PCR shall defend, indemnify, protect and hold
harmless the Grantor from and against any and all damage (whether
to person or property, including but not limited to the property of
the Grantor), cost, expense, loss, claim, actions, proceedings and
suits arising out of or based upon the construction, existence,
inspection, maintenance, repair or removal of the Desiltation Basin,
unless: said damage, cost, expense, loss, claims, actions, proceedings
and suits arise from the negligence of the Grantor or the Grantee
or their enployees, agents, or ineependent contractors.
IN WITNESS WHEREOF, the Grantor, Grantee and PCR have
executed this Grant of Easement and Agreement as of the day and year
first above written.
GRANTOR :
GROVE APARTMENTS INVESTMENT CO :
and
2nd TRUSTEE UNDER THE RESIDUARY TRUST . ESTABLISHED UNDER THE WILL OF WILLIAM S . BARTMAN, DECEASED
and TRUSTEES UNDER THE MARITAL TRUST ESTABLISHED UNDER THE WILL OF WILLIAM S. BARTMAN, DECEASED
GRANTEE :
CITY OF CARLSBAD, a Municipal Corporation of the State-of California
PLAZA CPNINO REAL, a California limited partnership
By: MAY CENTERS, 1NC.r
the sole cperal partner
By :
and
STATE OF CALIFOIUVIA )
COUNTY OF SAN DIEGO )
ss.
before Ip.e the , in the year -, On this s. day of undersigned, a Ejotary Public in and for said State, personally
appeared , known to me to be the of the City of Carlsbad, a municipal corporation of the Stcte of California and known to me to be the person who executed the within instrument on behalf of said nunicipal corporation, and acknowledged to ne that such City
of Carlsbad, California, executed the same.
WITXESS my hand and official seal.
APPROVED AS TO FOREI:
Notary Public
STATE OF e]
COUNTY OF ss-
On fd [Af / Yfb before me, the und-ersigned, a
Notary Public in and for skLd State, persor,ally appeared William
M. Earding, known to me to be the Presidefit and ,a dc
known to me to be the Assistant Secretary of NAY CENTERS, INC.,
the corporation that executed. the within instrument U and known to me to be the persons who executed the within instrument
. on behalf of said corporation, said corporation being known to me to
be one of the partners of PLAZA CAMINO REAL, a limited partnership,
the partnership that executed the within instrument, and
I
acknowledged to me that such corporation executed the same as such
partner and that such partnership executed the same.
KITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF &> &p
before me, the undersigned,
a Notary Public in and for said State, personally appeared
Bernard Citron, Harry J. L. Frank, Jr. and Fred A. Bartman, Jr.
known to me to be three of the partners of
Grove Apartments Investment Co.,
the partnership that executed the within instrument, and
acknowledged to me that such partnership executed the same.
STATE OF CALIFORNIA
On $owe$ ,980 before me, the undersigned,
a Notary Public in and for said Statje, personally appeared .
known to me to be or? e of the partners of
H. F. H., LTD.
the partnership that executed the witin instrument, and
acknowledged to me that such partnership executed the same.
WITNESj my hand and official seal.
STATE OF' CALIFORNIA
COUNTY OF ..
On 9-w~ iGF6 before me, the undersigned,
a Notary ?ublic in and for said State, personally appeared
Fred A. Bertman, Jr.
known to me to be the person whose name is subscribed
to the within instrument and acknowledged that he
executed the same as Trustee under the Residuar.; Trust
Established under the Will of William S. Bartm. Deceased. pL--
Witness my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF A
On w&[T, I'iB before me, the undersigned,
a Notary Public in and for said State, personally appeared
Fred A. Bartman, Jr.
known to me to be the person whose name is subscribed
to the within instrument and acknowledged that he
executed the same as Trustee Under the Marital Trust
Established Under the Will of William S. Bartman, Deceased.
Witness my hand and official seal.
< *t EXHIBIT A
&WAY Bc ASSOC TES I ' of--
a * A 7, SfiLJiWMAN * RO
COi4 S U LTI N G c Iv1 L EN G IN EE R €5
SUBJECT: LEGAL DESCRIPTION DESILT BASIN Date I I / 16/ 78
.. .
TRUE POINT OF
BEGINNING
0 0
ct N
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In rr,
0 ' S 58'24' 44" W 2 z S 74"24'44''W i 273.00' '
EXHIBIT B
LEGAL DESCRIPTION
A PA-RCEL OF LAND SITUATE IN THE CITY OF CARLSBAD, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA BEING A PORTION OF LOTS
18, 22, 23, AND 24 OF HOSP EUCALYPTUS FOREST COMPANY'S
TRACT NO. 1 ACCORDING TO MAP THEREOF NO. 1136 FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COilNTY AND
USE, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PORTIONS OF CAGON STREET AS VACATED AND CLOSED TO PUBLIC
BEGINNING AT THE SO{-JTHWEST CORNER OF LOT 29, CARLSBAD
TRACT NO. 76-18, MAP NO. 8956, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA,
ON AUGUST 11, 1978, SAID POINT ALSO BEING IN THE NORTHERLY
ALONG SAID LINE ON A CURVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 758.00 FEET, A RADIAL BEARING THROUGH SAID POINT
OF SOUTH 3'12'22" EAST, THROUGH A CENTRAL ANGLE OF 12°22'54'1,
A dISTANCE OF 163 -80 FEET; THENCE NCRTH 74°24'44'' EAST, 62.60
FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 15°35'16" EAST,
82.00 FEET TO THE SOUTHERLY LINE OF MA.RRON ROAD, SAID
POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING
SAID SOUTHERLY LINE SOUTH 15c35'16'' EAST, 243.00 FEET; THENCE
SOUTH 31'35'76" EAST, 65.00 FE-ET; THENCE NORTH 58'24'44" EAST,
20.00 FEET; THENCE SOUTH 31"35'16" EAST, 103.00 FEET; THENCE
SOUTH 58"24'44" WEST, 20.00 FEET; THENCE SOUTH 74'24'44" WEST,
273.00 FEET; THENCE NORTH 15'35'16" WEST, 116.00 FEET; THENCE
NORTH 37O35'16" WEST, 259.00 FEET; THENCE NORTH 43O16'29" €AST,
122.015 FEET TO THE HEREINBEFORE MENTIONED SOUTHERLY LINE
OF MARRON ROAD; THENCE EASTERLY ALONG SAID LINE ON A CURVE
CONCAVE NORTHWESTERLY HAVING A RADIUS OF 840.00 FEET, A
RADIAL BEARING THROUGH SAID POINT OF SOUTH 4O50'16" EAST,
THROUGH A CENTRAL ANGLE OF 10°45'00", A DISTANCE OF 157.603 FEET;
THENCE NORTH 74°24'44ff EAST, 62.60 FEET TO THE TRUE POINT OF
BEGINNING.
LINE OF MARRON ROAD (82 FOOT RIGHT-OF-WAY); THENCE EASTERLY
-. .
CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed
by the Grant of Easement and Agreement dated January 17, 1980
from Grove Apartments Investment Co., a general partners hip, to
the City of Carl sbad, California, a pol itical corporation and/or
governmental agency, is hereby accepted by the undersigned
officer or agent on behalf of the City Council of the City of
Carlsbad, California, pursuant to authority conferred by
Resolution No. 6099 of the City Council of the City of Carlsbad
adopted on March 4, 1980, and the grantee consents to the
recordation thereof by its duly authorized officer.
Dated: March 6, 1980