HomeMy WebLinkAbout1986-10-07; City Council; Resolution 8835r.
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RESOLUTION NO. 8835
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CA.RLSBAD, CALIFORNIA, A,CCEPTING.AN EASEMENT
WHEREAS, the California Department of Parks and Recreation
has submitted right-of-way documents conveying an easement to
the City of Carlsbad for construction and maintenance of the
Carlsbad Boulevard Seawall and appurtenances; and
WHEREAS, the City Council of the City of Carlsbad has
determined it to be in the public interest to accept said
e as eme n t ;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the easement from the California Department of
Parks and Recreation conveying that land required by the
Carlsbad Boulevard Seawall to the City of Carlsbad which is
attached as Exhibit A and is incorporated herein by reference,
is accepted.
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3. That the City Clerk is authorized to
original easement to be recorded in the Office o
cause
the
the
ounty
Recorded 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 I__- 7th day of October
1986 by the following vote, to wit:
AYES: Council Members Casler, Lewis, Chick and Pettine
NOES: None
ABS EN T : Council Member Kulchin
CLAUDE A. LEWIS, Mayor Pro-Tem ATTEST:
ALETHA L. RAUTENKRANZ, City Clhrk
(SEAL)
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COURT PAPER STATE OF CALIFORNIA STD. 113 (REV. E.721
05 34169
Recording Requested By:
State of Cal ifornia-Official Business
Document Ent i t led to Free Recordation Pursuant to Govt. Code Sect. 6203 Not Suhject to California Documentary
Stamp Act
When Recoreed Mail To:
Department of Parks and Recreation Acqriis i t i on Division
P.O. Box 0418% Sacramento, CA W796-00@1
Space above for Recorder's Use
CAR LSBAD STATE BEACH
AGREEMENT AND GRANT OF EASEMENT
THIS AGREEMENT, made and entered into this day of
, Ig-, by and between the STATE OF CALIFORNIA, acting
through the Department of Parks and Recreation, hereinafter called "STATE", and
;City of Carlsbad, hereinafter called "GRANTEE";
!
W I T N E S S E T H: ____------
That STATE, pursuant to the provisions of Section 5012 of the Public
Resources Code, does hereby grant unto GRANTEE an easement for the
construction and maintenance of an approximately 3,200-foot-long seawall and
appurtenant facilities adjacent to Carlsbad Boulevard in the City of Carlsbad
within Carlshad State Beach as described on Exhibit A attached hereto and made
a part hereof.
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COURT PAPER
STD. 113 (REV. 8.721
85 34709
STATE OF CALIFORNIA
This grant is made and accepted upon the following terms and
conditions: -
1. This grant is subject to all valid and existing contracts, leases,
licenses, encumbrances, and claims of title which may affect said property and
the use of the word "grant" herein shall not be construed as a covenant
against the existence of any thereof.
3. GRANTEE hereby waives all claims and recourse against the STATE for
loss or damage to persons or property arising from, growing out of, or in any
way connected with or incident to this agreement.
indemnify, save harmless, and defend the STATE, its officers, agents, and
employees against any and all claims, demands, or causes of action that may be
brougbt against the STATE, its officers, agents, and employees arising out of
or in any way connected with or incident to the use or occupancy of said
premises by the GRANTEE or the exercise by GRANTEE of the rights or privileges
GRANTEE agrees to
here in granted.
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3. STATE expressly reserves the right to the use of said property in
any manner, provided such use does not unreasonably interfere with the use of
the easement herein granted.
4. STATE expressly reserves the right to require GRANTEE, at the
expense of STATE, to remove and relocate all improvements placed by GRANTEE
within the easement upon determination by STATE that said improvements
interfere with the future development of STATE'S property. GRANTEE agrees
that within one hundred eighty (180) days after written notice from STATE of
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COURT PAPER
STATE or CALIFORNIA
STO. 113 (REV. 8.72
85 34769
such determinatiOn by STATE and demand for removal and relocation of said
improvements, GRANTEE - shall remove and relocate said improvements to a
feasihle location on the property of the STATE, and STATE shall furnish
GRANTEE with a good and sufficient similar easement for said improvements in
such new location, and GRANTEE thereupon shall reconvey to STATE the easement
herein granted.
5. This agreement and the rights and privileges herein given GRANTEE
shall terminate in the event that GRANTEE shall fail for a continuous period
of one (1, year to utilize the rights and privileges herein granted.
6. In the event of the termination of this agreement, GRANTEE shall, at
GRANTEE'S own expense, when requested in writing to do so by STATE, remove all
property and equipment placed by or for GRANTEE, upon the said premises and
restore said premises as nearly as possible to the same state and condition
they were in prior to the entry of GRANTEE upon said premises; but if GRANTEE
shall fail so to do within sixty (60) days after the aforesaid request is
given, STATE may do so, all at the cost and expense of GRANTEE to be paid by
GRANTEE on demand.
Upon termination of the rights herein granted, GRANTEE shall execute
and deliver to STATE within thirty (30) days, a good and sufficient quitclaim
deed to the rights arising hereunder.
7. This agreement shall not, nor shall any interest therein or
thereunder, be assigned, mortgaged, hypothecated , or transferred by GRANTEE
whether voluntarily or involuntarily or by operation of law, nor shall GRANTEE
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COURT PAPER
STATK 01 CALIFORNIA STD 113 (REV. 8.721
85 N769
let or suhlet, or grant any licenses or permits with respect to the use and
occupancy of the - said premises or any portion thereof, without the written
consent of STATE heing first had and obtained.
8. GRANTEE is further given the right of reasonable ingress to and
egress from the easement hereby granted, provided, however, that existing
roads and trails shall be utilized for such purpose whenever reasonably
possible and further provided that if such road or trail is not available,
GRANTEE shall secure the consent of the STATE as to the route or routes to be
followed for the purpose of such ingress and egress. Such right of ingress
and egress shal at all times be exercised in a manner which will cause the
least damage to the property of the STATE.
P. Prior to the comnencent of any construction, GRANTEE shall submit to
STATE the working drawings of the proposed improvements and shall in hand have
the written approval from STATE for said drawings.
, 1 IO. The granting of this Agreement and Grant of Easement shall include
the seawall and each of the following improvements that are included in the
final working drawings as approved by STATE:
a lateral storm drainage system to be provided by GRANTEE in
conjunction with the seawall and appurtenant facilities;
a 10-foot-wide lateral -access pathway;
7 beach-access stairwells;
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COURT PAPER STATC or CALI~ORNIA STO. I 13 (REV. 8.72)
E5 34789
one f11 additional bluff-access staircase (it is understood that the
City-of Carlshar! is seeking funding to construct two (2) additional
bluff-access staircases) ; and
an engineered rock riprap "seawall" in front of the existing
elevated sand pad at the base of the Pine Street ramp.
Upon completion of any work to be performed by GRANTEE on said
easement, GRANTEE shall restore the surface of the easement to a condition
satisfactory to the STATE.
7.2. GRANTEE, in the exercise of the rights herein granted, shall at all
times comply with all applicable laws and lawful regulations, including such
rules and regulations for the State Park System now in effect or hereafter
adopted.
13. GRANTEE shall assume full and complete responsibility for any and
all repair and maintenance, including graffiti removal and removal of debris
from storm drain, to be performed or needing to be performed and shall pay for
all costs involving both labor and materials incurred while performing either
repair and/or maintenance on the seawall and appurtenant facilities.
GRANTEE fails to do so, STATE may, upon giving GRANTEE thirty (30) days
written notice of its intent to do so, cause said repairs and/or maintenance
to he done and bill GRANTEE for the incurred costs.
If
GRANTEE agrees to
promptly reimburse STATE for such costs.
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COURT PAPER
STATC or CALIFORN
ST0 113 (REV 0-
85 34169
14. STATE shall assume full and complete responsibility for all
housekeeping" - to be performed.
le removal of litter and refuse from the lateral access pathway and
lu ff-access staircase.
The term "horrsekeeping" is defined as meaning
15. GRANTEE agrees to complete construction of the seawall and
ppurtenant facilities within two (2) years of the date hereinabove first
ritten.
IN WITNESS WHEREOF, the parties have executed this instrument upon
he date first hereinabove appearing.
;RANTEE: :ITY OF CARLSBAD
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
WM. S. BRINER, DIRECTOR
BY
3Y- ALETHAL. RAUTENKRANZ, City Cle
Date
(DPR 280A)
G-1077Q-PERM
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AMENDED LEGAL DESCRIPTION FOR THE
CARLSBAD BOULEVARD SEAWALL
- AND APPURTENANT FACILITIES
PARCEL 'A'
Beginning at a point at the intersection of centerlines of
Carlsbad Boulevard and Tamarack Avenue, hereinafter designated as
"MONUMENT A"; then North 32'37'36" West 2,259.01 feet to a point
at the intersection of centerlines of Carlsbad Boulevard and
Chestnut Avenue, hereinafter designated as "MONUMENT B"; then
North 32'37'36" West 1,377.66 feet; then South 57'22'24" West
39.34 feet to the TRUE POINT OF BEGINNING of Parcel 'A'.
From the TRUE POINT OF BEGINNING of Parcel 'A'; 60 feet wide
described as 20 feet Easterly and parallel to and 40 feet
Westerly and parallel to the following described line: from the
TRUE POINT OF BEGINNING then South 32'37'36" East 25 feet; then
South 35'32'21" East 57 feet to the beginning of an arc whose
chord bearing is South 27'10'47'' East and whose interior angle is
16'43'08't, having a radius of 200 feet and an arc length of 58.36
feet to the beginning of an arc whose chord bearing is South
28'20'52" East with an interior angle of 19"03'17", a radius of
200 feet and an arc length of 66.51 feet; then from the end of
said arc South 37'52'30" East 136.82 feet to the beginning of an
arc with a chord bearing of South 26'36'29" East, an interior
angle of 22'32'02", a radius of 200 feet, and an arc length of
78.66 feet; then from the end of said arc South 15'20'28'' East,
30.57 feet to the beginning of an arc with a chord bearing of
South 28'48'46" East, an interior angle of 26"56'35", a radius of
and an arc length of 94.05 feet; then South 32'37'36''
feet, at which point is the end of said Parcel 'A';
57'22'24" East 57.87 feet; then South 32'37'36" East
to said "MONUMENT 6".
200 feet,
East 50.00
then North
785.69 feet
PARCEL 'B'
Beginning at "MONUMENT B"; then North 32'37'36" West 868.72 feet;
then South 57'22'24'1 West 104.81 feet to the TRUE POINT OF
BEGINNING of Parcel 'B'.
From the TRUE POINT OF BEGINNING of Parcel '8' begins a strip of'
land 75 feet wide described as 20 feet easterly and parallel to
and 55 feet Westerly and parallel to a line described as:
commencing at the TRUE POINT OF BEGINNING of Parcel IB'; then
South 32'37'36" East 40 feet to the beginning of an arc with a
chord bearing South 31°21'14" East, an interior angle of
14'28'59", a radius of 360 feet, and an arc length of 91 feet;
then from the end of said arc South 24'06'44" East 64 feet to the
LEGAL DESCRIPTION FOR THE
. CARLSBAD BOULEVARD SEAWALL
AND APPURTENANT FACILITIES
(Page 2)
beginning of an arc with a chord bearing South 34'56'05'' East, an
interior angle of 21'38'42'', a radius of 180 feet, and an arc
length of 68 feet; at which point said strip ceases to be 75 feet
wide as described; then North 44'14'34" East 44 feet (radially)
hereinafter designated as Point ''6-1"; at which point said strip
becomes 139 feet wide described as 40 feet Easterly and parallel
to and 99 feet Westerly and parallel to a line described as:
beginning an arc with a chord bearing South 36'31'38" East, an
interior angle of 18"27'36", a radius of 160 feet, and an arc
length of 51.55 feet; at which point said strip ceases to be 139
feet wide and commences being 55 feet wide described as 40 feet
Easterly and parallel to and 15 Feet Westerly and parallel to a
line described as: from the end of previously described arc,
begin an arc with a chord bearing South 18'04'02" East, a radius
of 160 feet, and an arc length of 51.55 feet; then begin an arc
with a chord bearing South 27'15'52" East, an interior angle of
36'51'37'', a radius of 160 feet, and an arc length of 102.93';
then begin an arc with a chord bearing South 37'32'02" East, an
interior angle of 16'19t3511, a radius of 160 feet, and an arc
length of 45.59 feet; then South 29°22'1511 East 237.53 feet; then
South 60'37'45" West (radially) 7 feet to the beginning of an arc
with a chord bearing South 39'04'08" East, an interior angle of
19'23'46", a radius of 160 feet, and an arc length of 54.16 feet;
then begin an arc with a chord bearing South 34'54'01'' East, an
interior angle of 27"44'01", a radius of 160 feet, and an arc
length of 77.45 feet; then begin an arc with a chord bearing
South 26'00'51" East, an interior angle of 09'57'40", a radius of
560 feet, and an arc length of 97.36 feet; then South 30' 59'41"
East 117.60 feet to the beginning of an arc with a chord bearing
South 31' 46'11" East, An interior angle of 1"32'59", a radius of
560 feet, and an arc length of 15.15 feet; then South 32' 32'40''
East 36.62 feet; then South 57'27'20" West 7 feet; then South
32'32'40" East 101.34 feet to the beginning of an arc with a
chord bearing South 37'44'52" East, an interior angle of
10'24'24", a radius of 160 feet, and an arc length of 29.06 feet;
then begin an arc with a chord bearing South 30'04'58'' East, an
interior angle of 25'44'12", a radius of 260 feet, and an arc
length off 116.79 feet; then begin an arc with a chord bearing
South 24'38'42" East, an interior angle of 14'51'41", a radius of
160 feetand an arc length of 41.50 feet; then South 32'04'33''
East 192 feet; then South 52'55'27'' West 7 feet; then South
32'04'33" East 73 feet to the beginning of an arc with a chord
bearing South 39'47'20" East, an interior angle of 15"25'33'', a
radius of 260 feet, and an arc length of 70 feet, then begin an
arc with a chord bearing South 36'30'33" East, an interior angle
of 21'59'06", a radius of 260 feet, and an arc length of 99.76
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LEGAL DESCRIPTION FOR THE
CARLSBAD BOULEVARD SEAWALL
AND APPURTENANT FACILITIES
(Page 3)
feet; then South 25'31'00" East 26 feet to the beginning of an
arc with a chord bearing South 31'05'15" East, an interior angle
of 11'08'29N, a radius of 600 feet, and an arc length of 116.67
feet; then begin an arc with a chord bearing South 28'59f43t1
East, an interior angle of 15'19'32", a radius of 600 feet, and
an arc length of 160.49 feet; then begin an arc with a chord
bearing South 27'25'12" East, an intkrior angle of 12°10'29ff, a
radius of 600 feet, and an arc length of 127.49 feet; then South
56'29'34" West (radially) 7 feet; then South 33'30'26" East
211.50 feet to the beginning of an arc with a chord bearing South
38'56'50" East, an interior angle of 10'52'48t', a radius of 600
feet and an arc length of 113.94 feet; then begin an arc with a
chord bearing South 40'03'48" East, an interior angle of
08'38'55", a radius of 200 feet, and an arc length of 30.19 feet;
then South 54'15'40'1 West (radially) 70 feet to the beginninng of
an arc with a chord bearing South 28"56'09" East, an interior
angle of 13'36'21", a radius of 300 feet, and an arc length of
71.24 feet; then begin an arc with a chord bearing South
30'37'56" East, an interior angle of 16'59'55'', a radius 300
feet, and an arc length of 89 feet; then begin an arc with a
chord bearing South 36'59'48" East, an interior angle of
4'16'11", a radius of 700 feet, and an arc length of 52.17 feet;
then South 34'51'42" East 238 feet; then North 55'08'18" East
(radially) 7 feet to a point hereinafter designated as Point "8-
2", said point also being the beginning of an arc with a chord
bearing South 30'32'18" East, an interior angle of 08'38'47'', a
radius of 550 feet, and an arc length of 83 feet; then South
26'12'55" East, 74.18 feet to the beginning of an arc with a
chord bearing South 33'40v2111 East, an interior angle of
1 4 ' 5 4 ' 5 2 'I , a radius of 350 feet, and an arc length of 91.11
feet; that point being the end of the 55 feet strip Parcel '8';
then north 57'22'24" East 142.64 feet; then North 32"37'36" West
274.23 feet to "MONUMENT A".
PARCEL 'C'
Beginning at "MONUMENT A"; then South 32'37'36'' East 188.01 feet;
then South 57°22'24f', West 184.69 feet to the TRUE POINT OF
BEGINNING of Parcel IC' being a strip 80 feet wide described as
20 feet Easterly or Easterly to the Westerly boundary of Parcel
'B', described previously herein, which ever is greater and
parallel to and 60 feet Westerly and parallel to a line described
as: Commencing at the TRUE POINT OF BEGINNING of Parcel IC';
then South 32'3713611 East 40 feet to the beginning of an arc with
a chord bearing South 41'07'48'' East, an interior angle of
09'55'53", a radius of 600 feet, and an arc length of 104 feet;
then South 36'09'51" East 319.13 feet to the beginning of an arc
with a chord bearing South 39'51'56" East, an interior angle of
07'24'09", a radius of 300 feet, and an arc length of 38.76 feet;
LEGAL DESCRIPTION FOR THE
CARLSBAD BOULEVARD SEAWALL
AND APPURTENANT FACILITIES - (Page 4)
then begin an arc with a chord bearing South 03'17'11'' East, an
interior angle of 80'33'38'', a radius of 52 feet, and an arc
length of 73.11 feet; then South 46'59'38'' West 50.00 feet; that
point being the end of the 80 feet wide strip Parcel IC'; then
North 46'59'38" East 50.00 feet; then North 57'22'24" East 177.70
feet; then North 32'37'36" West 746.29 feet to "MONUMENT A"
PARCEL 'D'
Beginning at "MONUMENT 8"; then North 32'37'36" West 155 feet;
then South 57'22'24" West to the intersection with the Westerly
Right-of-way of Carlsbad Boulevard at which point is the TRUE
POINT OF BEGINNING of Parcel 'Ob. Said Parcel being 100 feet
wide 50 feet each side of a centerline described as follows:
From the TRUE POINT OF BEGINNING of Parcel ID'; then South
57'22'24" West to the intersection with the Easterly line of
Parcel '8' previously described herein.
PARCEL 'E'
Beginning at "MONUMENT 8"; then South 32'37'36'' East 300 feet;
then South 57'22'24" West to the intersection with the westerly
right-of-way of Carlsbd Boulevard at which point is the TRUE
POINT OF BEGINNING of Parcel 'El; said parcel beging 100 feet
wide, 50 feet each side of a centerline described as follows:
from the TRUE POINT OF BEGINNING of Parcel 'E'; then South
57'22'24" West to the intersection with the Easterly line of
Parcel '8' previously described herein.
PARCEL 'F'
Beginning at "MONUMENT B"; the South 32'37'36" West 1,015 feet;
then South 57'22'24" West to the intersection with the Westerly
right-of-way of Carlsbad Boulevard, at which point is the TRUE
POINT OF BEGINNING of Parcel IF'; said Parcel being 100 feet
wide, 50 feet each side of a centerline described as follows:
from the TRUE POINT OF BEGINNING of Parcel IF'; then South
57'22'24'' West to the intersection with the Easterly 1ine.of
Parcel '6' previously described herein.
PARCEL 'G'
Beginning at "MONUMENT AIt; then North 32'37'36'' West 575 feet;
then South 57'22'24" West to the intersection with the Westerly
right-of-way of Carlsbad Boulevard, at which point is the TRUE
POINT OF BEGINNING of Parcel 'GI; said Parcel being 100 feet
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LEGAL DESCRIPTION FOR THE
CARLSBAD BOULEVARD SEAWALL
AND APPURTENANT FACILITIES
(Page 5) -
wide, 50 feet each side of a centerline described as follows:
From the TRUE POINT OF BEGINNING of Parcel 'GI; then South
57'22'24" West to the intersection with the Easterly line of
Parcel 'B' previously described herein.
PARCEL 'H'
Beginning at Point tB-l', said point being the TRUE POINT OF
BEGINNING of Parcel 'HI, said parcel extending 40 feet Easterly
and parallel to and Westerly to the Easterly boundary of Parcel 'B' from the following described line: from the TRUE POINT OF
BEGINNING of Parcel "H"; then North 32'37'36" West 50.00 feet at
which point is the end of Parcel 'HI, then South 32'37'36" East
50.00 feet to Point 'B-1'.
PARCEL 'I'
Beginning at Point 'B-Z", .then North 55'08'18'' East 40.00 feet to
the TRUE POINT OF BEGINNING of Parcel '1'; then North 34'51'42"
West 100.00 feet; then South 55'08'18" West 7.00 feet; then South
34'51'42" East 100.00 feet; then North 55'08'18" East 7.00 feet
to the TRUE POINT OF BEGINNING.
PARCEL 'J'
Beginning at "MONUMENT B"; then North 32'37'36'' West 1,100 feet;
then North 45' East to the intersection with the Westerly right-
of-way of Ocean Street; said point being the TRUE POINT OF
BEGINNING of Parcel 'J'; said parcel being 40 feet wide, 20 feet
each side of a centerline described as follows: from the TRUE
POINT OF BEGINNING of Parcel 'J'; then South 45" West to the
intersection with the Easterly line of Parcel 'A' previously
described herein.
PARCEL 'K'
Beginning at "MONUMENT 8"; then North 32'37'36'' West 970 feet;
then North 57'22'24" East to the intersection with the Westerly
right-of-way of Carlsbad Boulevard; said point being the TRUE
POINT OF BEGINNING of Parcel 'K'; said parcel being a strip 25
feet wide lying Westerly of, and parallel to the Westerly right-
of-way of Carlsbad Boulevard; then Southerly along said right-of-
way 100 feet at which point said strip reduces to 15 feet wide;
then said strip continues Southerly along said right-of-way to a
point 850 feet Southerly of the centerline of Chestnut Avenue and
its intersection with the Westerly right-of-way of Carlsbad
Boulevard; at which point said parcel ends.