HomeMy WebLinkAboutOccidental Land Inc; 1974-05-21;-_
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CITY OF CARLSBAD
SUBDIVISION EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 21st
day of May, 1974, by and between OCCIDENTAL LAND, INC., a
California corporation, hereinafter referred to as "Occidental",
and CITY OF CARLSBAD, a municipal corporation of the State of
California, hereinafter referred to as "City";
WITNESSETH:
WHEREAS, Occidental desires to subdivide 163 acres
of land in the City of Carlsbad and in that regard has received
approval from City of tentative map CT-71-2.
approved subject to certain conditions by Resolution No.
on file in the office of the City Clerk and incorporated by
reference herein; and
Said map was
3130
WHEREAS, Occidental together with Sequoia Pacific
Realco desire to complete the subdivision process and obtain
approval of a Final Map for a 55.2 acre parcel identified as
Lots 5 and 6 of CT-71-2; and
WHEREAS, in accordance with the requirements of the
City subdivision ordinances and the conditions applicable to
said map, a storm drain must be constructed by Occidental from
Poinsettia Lane adjacent to the property in a northerly
direction to Encinas channel as a condition precedent to the
approval of City of said final map; and
WHEREAS, before City can accept a secured subdivision
improvement agreement in satisfaction of said condition, the
necessary easements must be delivered to City; and
WHEREAS, Occidental desires to submit some of the
required easement deeds prior to final map approval and to
guarantee that the remaining deeds will be forthcoming; and
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WHEREAS, City will accept a secured agreement to
provide said deeds at no cost to City:
NOW, THEREFORE, IT IS AGREED by and between the
parties hereto as follows:
1. Delivered concurrently herewith is the original
executed easement deed €or storm drain purposes across Lot 1
of Tentative Tract 71-2, which is in a form acceptable to
City. A copy of said easement deed marked Exhibit A is
attached hereto and incorporated by reference herein.
2. Occidental shall acquire and convey to City
within a twelve-month period from the date hereof, at its
sole cost and expense, all other required easement deeds to
allow for the construction of the storm drain in accord with
approved plans prepared by Salkin Engineering Corporation,
and dated May 9, 1974, which are on file in the office of
the City Engineer and incorporated herein by reference. The
location of the easement to be obtained by Occidental shall
be as generally depicted on said plans and on a plat prepared
by Salkin Engineering Corporation marked Exhibit B attached heret
and incorporated by reference herein.
3. City agrees that if the location of said proposed
easement or portions thereof lies over property owned by City,
the necessary easement shall be at no cost or expense to
Occidental.
4. In the event Occidental is unable to secure said
required easement deeds within said twelve-month period, City
shall proceed to acquire said easements by utilizing its power
of condemnation. All costs and expenses of City in said action,
including deposits to insure immediate possession, attorney's
fees, appraisal costs, and so forth, shall be borne by Occidental
together with the award or settlement amounts, including interest
for the condemned easement or easements. Occidental shall have
the right of approval of any settlement other than that which
is awarded by a court having jurisdiction under such condemnation
2.
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5. Occidental's obligation hereunder shall be secured
by a faithful performance surety bond in favor of City in the
amount of $15,000.00.
6, This Agreement shall be null and void in the
\ event that Occidental and Sequoia Pacific do not secure approval '$
pf final tract maps on Lots 5 and 6 of Tentative Tract No. 71-2.
7. In the event that Occidental fails to perform any
obligation hereunder, Occidental authorizes City to perform
such obligation twenty days after mailing written notice of
default to Occidental and agrees to pay the entire cost of such
performance by City.
8. In the event that Occidental fails to perform
any obligation hereunder, Occidental agrees to pay all costs
and expenses incurred by City in securing performance of such
obligations, including costs of suit and reasonable attorney's
fees. Occidental hereby binds itself, its executors, admin-
istrators and assigns, and agrees to indemnify and hold City
harmless from any losses, claims, demands, actions, or causes
of action of any nature whatsoever, arising out of or in any
way connected with the improvements agreed to be constructed
and installed hereunder by Occidental, including costs of
suit and reasonable attorney's fees for a period of one year
following the acceptance of said improvements by City.
9. Said City shall not, nor shall any officer or
employee thereof, be liable or responsible for any accident,
loss or damage happening or occurring in connection with this
Agreement .
IN WITNESS WHEREOF, the parties hereto have caused
this Agreement to be executed the day and year first herein-
above mentioned.
3.
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CITY OF CARLSBAD
BY
ATTEST :
APPROVED AS TO FORM:
City Attorney L ,'
STATE OF CALIFORNIA )
) ss.
COUNTY OF 1
On /$$n 4 >e , 1974 before me, the undersignel a Notary Public 5% and for said State, personally appeared
President, and Tdzxgi~8-j A,?- ~%:F&-w , known to me to be Secretary of the corporation that executed the
within instrument, known to me to be the persons who executed
the within instrument on behalf of the corporation therein
named, and acknowledged to me that such corporation executed
the within instrument pursuant to its bylaws or a resolution of its board of directors,
d--@@& b, :Ti94 &Lw.oj , known to me to be the
WITNESS my hand and official seal.
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RONALD D. STWB 4
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AND WHEN RECOROED MAIL TO
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Name
Streor Address
City L State
SPACE ABOVE THIS LINE FOR RECORDER‘S USE -
MAIL TAX STATEMENTS TO
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Name
Street Address
City L
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FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
JOHN D. LUSK & SON
a corporation organized under the laws of the state of
hereby GRANTS to ’
THE CITY OF CARLSBAD
the following described real property in the
County of SAN DIEGO , State of California:
CALIFORNIA
CITY OF CARLSBAD
-.- Those portions of Sections 28 and 29, Township 12 South, Range 4 West, S. B. I
conveyed to J0h.n D, Lusk & Son by Deed recorded January 9, 1973 as File/Paj
num.bes 73-006848, more particularly described as follows:
. PARCEEA-1
An .easement for storni drain purposes over that strip of land 12. 00 feet -in wid
over that portion of Section 29, Township 12 South, Range 4 West, of the San
Bernardino Meridian in the County of San Diego, State of California, according
an Official Plat of said land filed in the District Land Office, the sidelines of s
strip lying 6. 00 feet on either side of the following described centerline:
Beginning at the intersection of the east line of the Atchison, Topeka & Santa E
Railroad right of way, being 200. 00 feet in width, and the centerline of Poinse.
Lane, being 60. 00 feet in width, as described in the Directors’Deed to the Cou
resident and Assistant Secret
, thereunto duly authorized.
Dated: May 15, 1974
- before me, the under-
siwntd, a Notary T’11111ic in and for said State. personally appeared Donovan D. Huennekens , known
President, and
~ known to me to be
On May 15, 1974 Assistant Secret
M-t-Secretary of tile Corporation that esecutetf the . 0FFICU.L SEAL
NOTARY PUBLIC - CALIF.
i!fiJSlOt*d EXPIRES AUGUST 17, 1976
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MAIL TAX STATEMENTS AS DIRECTED ABOVE
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% .. of San Diego, Filc No. 198819, recorded December 22, 1966, in the Office o
the County Recorder of said County; thence from said point of intersection,
along said centerline, North 76O 13' 30" East 377.48 feet to the true point of
beginning; thence North 18O 00' 00" West 2974.06 feet to the beginning of a
tangent curve concave southwesterly, having a radius of 45.00 feet: thence
northwesterly along said curve, through a central angle of 9O 50' 45", an
arc length of 7.73 feet to a point on the north line of said Section 29, said
Section line being also the southerly line of La Costa Downs, Unit No. 1,
according to a map thereof, No. 2013, filed in the Office of the County
Recorder of said County; a radial line to said point bears North 62O 09' 15"
East, said point being also North 89O 58' 20" East 575. 53 feet from the
east line of said Atchison, Topeka & Santa Fe Railroad right of way.
The sidelines of the above-described strip shall terminate in the north line of said Section 29. 8
PARCEL A-2
I
-
An easement for storm drain purposes over that strip of land 12. 00 feet in
width over portions of Sections 28 and 29, Township 12 South, Range 4 West,
of the San Bernardino Meridian in the County of San Diego, State of Californi
according to an Official Plat of said land filed in the District Land Office,
the sidelines of said strip lying 6. 00'feet on either side of the following
described centerline:
Beginning at the intersection of the east line of the Atchison, Topeka &
Santa Fe Railroad right of way, being 200. 00 feet in width, and the centerlin
of Poinsettia Lane, being 60. 00 feet in width, as described in the Directors'
Deed to the County of San Diego, File No. 198819, recorded December 22,
1966 in the Office of the County Recorder of said County; thence from said
point of intersection, along said centerline, North 76O 13' 30" East 752.49
feet to the true point of beginnin'g; thence North 13' 43' 30'' West 47.42 feet
to a point hereinaiier referred Lo as Point '!Ef'; tlieiice Solith 76' 16' 30" WC-S
339.40 feet to the beginning of a tangent curve, concave northerly, having a
radius of 45. 00 feet; thence westerly along said curve through a central angl
of 400 43' 30", an arc length of 31. 99 feet, to a tangent line; thence along
said tangent line North 63O 00' 00" West 14. 99 feet; thence South 27O 0.0' 00'
West 85,44 feet.
PARCEL A-4
An easement for storm drain purposes over that strip of land 10. 00 feet in
width over that portion of Section 29, Township 12 South, Range 4 West, of
the San Bernardino Meridian in the County of San Diego, State of California,
according to an Official Plat of said land filed in the District Land Office,
the sidelines of said strip lying 5. 00 feet on either side of the following
des cribed centerline:
Beginning at the intersection of the east line of the Atchison, Topeka &
Santa Fe Railroad right of way, being 200. 00 feet in width, and the center-
line of Poinsettia Lane, being 60. 00 feet in width, as described in the
Directors' Deed to the County of San Diego, File No. 198819, recorded
December 22, 1966, in the Office of the County Recorder of said County;
thence along said easterly right-of-way line North 2l0 08' 15l' West 94. 95
'feet to the true point of beginning; thence North 71° 21' 45" East 13. 01 feet;
thence North 80° 41' 22" East 347. 59 feet to the beginning of a tangent curvt
concave northerly, having a radius of 150. 00 feet; thence easterly along
said curve through a central angle of 8O 41 ' 22", an arc length of 22- 75 feet, to a tangent line; thence North 72O 00' 00" 2. 50 feet to the intersectioi
with the centerline of the above-described easement (Parcel A-1).
(CONTINUED ON SHEET 3 ATTACHED)
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0 4 SHEET 3 * e
*. *_I PARCEL A-5
An easement for storm drain purposes over that strip of land 10.00 feet in
width over that portion of Section 29, Township 12 South, Range 4 West, of
the San Bernardino Meridian in the County of San Diego, State of California,.
according to an Official Plat of said land filed in the District Land Office,
the sidelines of said strip lying 5. 00 feet on either side of the following
described centerline:
Beginning at the intersection of the West line of the Atchison, Topeka &
Santa Fe Railroad right of way, being 200. 00 feet in width, and the center-
line of Poinsettia Lane, being 60. 00 feet in width, as described in the
Directors' Deed to the Cgunty of San Diego, File No. 198819, recorded
December 22, 1966, in the Office of the County Recorder of said County;
thence along said Westerly right-of-way line North 21° 08' 15" West 79.93
feet to the True Point of Beginning; thence South 71° 21' 45" West 5. 00 feet. w .-
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Bond No.
Premium: + d C; e ‘1 :1 >- .- ct SUBDIVISION IMPROVEMENT
FAITHFUL PERFORMANCE BOND
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KNOW ALL MEN BY THESE PRESENTS:
That we,
Principal, and ~~~~~?l fj ~~~~~~~~ ~~~~~-~ gJp ~~~~~~~~~ jy,,p; J-gg$z’y
Surety, are held and firmly bound unto
, State of C#
in the sum of
lawful money of the United States of America, for the payment of which sum well and truly to be made to said -
CXTY OF ~~~~~
we, and each of us, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these preseni
This Bond is furnished in compliance with section 11612 et seq.of the Business and Professions Code of the State of Califor% a
amendatory thereto.
74 19 - Sealed with our seals and dated this 21st day of HAY
The Condition of the above obligation is such that whereas, the above named bounded principal entered into an agreement,
dated 19 74 with the
,State of Ca
by the terms and conditions of which said agreement, said principal agreed to construct certain%f@% improvements and furnish all the w(
material necessary therefor in accordance with the Plans and Specifications referred to in said agreement, which agreement is hereby made
hereof as if fully set forth herein;
Now, Therefore, if the above named bounded principal shall well and truly carry out, execute and perform all things by it to be carr
executed and performed, according to the terms and conditions of said agreement, then this obligation shall become null and void; otherwise to
effect. No right of action shall accrue under this bond to or for the use of any person other than said obligee. ke ~~~~~~~~ ~~~~~~~ dee6a $0 $.$.5QW 23r eke canegCgck:*an 52
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(Principal)
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q The foregoing Bond was accepted and approved this day of 1‘
PAC BOND 3379A
STATE OF CALIFORNIA
ss.
CCURty Of LOS ARGELXS
in the year One Thousand Nine Hundred and On this- 21st day of lay
before me, p ffy P !In , a Notary Public in art
Couny y,oPevEs , State of California,
therein, duly commissioned and sworn, personally appeared
known to me to he the person whose name is subscribed to the within in.! as the attorne
BER~C688naT:3RrP?4eE~~lK~~~~~~~~n~~~~n,~~,~,~~~~~~~~~~~~~~~~~ ~.~.E~~~ oFFI(3IAL. SEAL 9
DOROTHY CARRILJ-J ;
M s
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ax 2 MY Commission &pies 0 as surety and his own name as attorney
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have hereunto set my hand and affixed my official seal at my office in the sard-
the day and year in this certifrca County of YAP ~~~~~fl~
Notary Public in and for the County of
My Commission Expires
Pac Bond 2824 A 3236 -PRINTED