1987-396225 REAL PROPERTY CONTRACT
Encinitas, California Project Title: E1 Camino Real/Encinitas
Boulevard
Work Order ~: 3C6041
~/~ ~ , 1987 Parcels ~: 87-0120-A
LESSEE: WAYNE GOSSETT FORD, INC., dba ENCINITAS FORD
A Quitclaim Deed~ in the form attached hereto as Exhibit A and made a
part hereof, has been executed and delivered to Joel P. Newsom, Real
Property Agent of the County of San Diego, for acceptance by the City
of Encinitas, hereinafter called City.
In consideration of which, and other considerations hereinafter set
forth, it is mutually agreed as follows:
1. The City shall:
A. Accept and record the document referred to above without cost
of any kind to Lessee.
B. Pay any escrow, title insurance, and recording fees incurred in
this transaction.
C. Install street improvements, consisting of street widening,
traffic signal modification, curb~ gutter, and sidewalk, along
the entire frontage of the leased premises on Encinitas
Boulevard and E1 Camino Real, without cost or assessment of any
kind to Lessee.
D. When constructing the proposed project, reconstruct
existing driveway approaches along E1 Camino Real and
Encinitas Boulevard at locations designated by Lessee,
provided the number, location and width of said replacement
driveways shall comply with the rules and regulations of the
City of Encinitas pertaining thereto. It is understood and
agreed that said approaches shall be paved with concrete to the
right-of-way line, and upon completion of construction the
approaches shall be considered as encroachments under permit
upon the road and are to be maintained, repaired and operated
as such, in accordance with and subject to all laws and rules
of the City. In the event it is necessary to extend any
replacement driveway(s) beyond the right-of-way line in order
to provide proper alignment with existing ground elevation(s),
such extended portions of said driveway(s) shall be paved with
asphaltic concrete, and entry upon the leased premises is
hereby authorized for such purposes. All work described in
this paragraph shall be accomplished without cost to Lessee.
E. Relocate two of Grantor's light standards and flag pole at no
cost to Grantors.
2. In order to facilitate construction of the ject project,
permission is granted the City, its agents, employees, or
contractors to temporarily utilize during construction a strip of
land ten feet in width along E1 Camino Real and Eneinitas
Boulevard. Such construction operations shall not, however,
interfere with any improvements or structures located within said
temporary area, and City shall restore the premises to its original
condition, to the extent practicable, at the conclusion of said
project.
3. It is expressly agreed that delivery of the Quitclaim Deed referred
to above is conditioned upon City also obtaining a deed from the
owner of the property, Chevron Investments No. II, a limited
partnership, identifying the same real property described in said
Quitclaim Deed.
4. It is expressly understood that no monetary consideration is to be
paid to Lessee for the property rights described in the aforesaid
Quitclaim Deed. Lessee's willingness to donate such property is
predicated upon (1) anticipated benefits accruing to the leased
premises and the neighborhood in general, as a result of the
proposed project, (2) City's performance of the work set forth
in paragraphs 1.C, 0 and E he~einabove, and (3) assurance that the
undersigned Lessee shall incur no costs in connection with the ~ro-
posed street improvement project.
5. City agrees to hold the undersigned harmless from any and all
penalties, liabilities, or loss resulting from claims or court
actions arising directly or indirectly out of any damage or injury
to persons or property by reason of acts or omissions of the City,
its agents, employees, or independent contractors, in exercising
any of the privileges herein granted or in consequence thereof.
6. The performance of this agreement constitutes the entire
consideration for said document and shall relieve the City of all
further obligation or claims on this account, or on account of the
location, grade, construction, or operation of the proposed public
improvement.
The parties hereto have herein set forth the whole of their agreement.
No consideration other than that set forth herein will be honored.
IN WITNESS HEREOF, the parties hereto have executed this agreement the
day and year first above written.
WAYN/E~ ~ ~TT FORD, INC.~ ~CINiTA~D
RECOMMENDED FOR APPROVAL CITY OF ENCINITAS
./y JOEL P.[NEWSOM ~
WHEN.~£CORDED, PLEASE I
~IL THIS INSTRUMENT TO:
I
CITY OF ENCINITAS
543 Encinitas Blvd. I
Suite 109 I
Encinitas, CA 92024 I
I
I
NO TRANSFER TAX DUE I SPACE ABOVE FOR RECORDER'S USE ONLY
QUITCLAIm DEED
EL CAMINO REAL/
Assessor's Parcel Project: ENCINITAS BLVD.
No. 259-121-13
W.O. No. : TE2997
Parcel No.: 87-0120-A
Log No.:
WAYNE GOSSETT FORD, INC., dba Encinitas Ford
hereinafter called GRANTOR does GRANT to the CITY OF ENCINITAS, a municipal corporation,
State of California, hereinafter called GRANTEE, all that real property in the City of
Encinitas, State of California, described as follows:
Parcel No. 87-0120-A (03-19-87) (WAR:MDT:po)
That portion of the Westerly 540 feet of the Southeast Quarter of the Northeast
Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Base and
Meridian, in the City of Encinitas, County of San Diego, State of California,
included in that land described in deed to Chevron Investments No. II, recorded
August 2, 1967 at File/Page No. 114286 in the Office of the County Recorder of
said County, lying Westerly of a line that is 63.00 feet Easterly of and parallel
with the centerline of E1 Camino Real as said centerline is shown on Parcel Map
No. 11149, filed in said Recorder's Office.
TOGETHER WITH that portion of said Chevron Investments No. II's land lying
Southwesterly of the arc of a 12.00 foot radius curve, concave Northeasterly,
that is tangent to both the Northerly line of that certain 100.00 foot wide strip
of land described in Parcel No. 61445 in deed to said County, recorded
November 27, 1961 at File/Page No. 204795 in said Recorder's Office AND said line
that is 63.00 feet Easterly of and parallel with the centerline of E1 Camino
Real.
EXCEPTING FROM ALL OF THE ABOVE that portion included in said deed to the County
of San Ditgo, recorded November 27, 1961 at File/Page No. 204795.
Exhibit A
WHEN' RECORDED, P~]"EA'~E '~ '" "-~"'~' ~' I
TH S NSTRUMENT TO: I 396225
tIlY OF,ENCI~ITAS VI 8~9
543 Encinitas Blvd. I ~ c~:'~ ~.t. [ii~c,la~s
Suite 109 I ~:~ :{~ ~;~ ~; ~:~]~,I~;~ ~
Encinitas, CA 92024 I
I I~21 JUL 15 ~ 9:2S
I / vERA L, LYLE ~
NO TRANSFER TAX DUE I SPACE ABOVE FO~O~D~~T
OUITCLAIN DEED '~0 FEE
EL CASINO ~EAL/
Assessor's Parcel P~o~ect: ENCINITAS BLVD.
~o. 259-121-13 ~.0. No. : TE2997
' Parcel No,: 87-0120-A
Lo9 No.:
WAYNE GOSSETT FORD, INC., dba Encinitas Ford
hereinafter called GRANTOR does GRANT to the CITY OF ENCINITAS, a municipal corporation,
State of California, hereinafter called GRANTEE, all that real property in the City of
Encinitas, State of California, described as follows:
Parcel No. 87-0120-A (03-19-87) (WAR:MDT:po)
That portion of the Westerly 540 feet of the Southeast Quarter of the Northeast
Quarter of Section 14, Township 13 South, Range 4 West, San Bernardino Base and
Meridian, in the City of Encinitas, County of San Diego, State of California,
included in that land described in deed to Chevron Investments No. II, recorded
August 2, 1967 at File/Page No. 114286 in the Office of the County Recorder of
said County, lying Westerly of a line that is 63.00 feet Easterly of and parallel
with the centerline of E1 Camino Real as said centerline is shown on Parcel Map
No. 11149, filed in said Recorder's Office.
TOGETHER WITH that portion of said Chevron Investments No. II's land lying
Southwesterly of the arc of a 12.00 foot radius curve, concave Northeasterly,
that is tangent to both the Northerly line of that certain 100.00 foot wide strip
of land described in Parcel No. 61445 in deed to said County, recorded
November 27, 1961 at File/Page No. 204795 in said Recorder's Office AND said line
that is 63.00 feet Easterly of and parallel with the centerline of E1 Camino
Real.
EXCEPTING FROM ALL OF THE ABOVE that portion included in said deed to the County
of San Diego, recorded November 27, 1961 at File/Page No. 204795.
860
Dated this 2nd day of June, 1987
WAYNE C~O.5SETT FORD, INC..q
By:
Allan L. Richie, President
Alena Richie, Secretary/Treas.
STATE OF California
) SS.
County of San Diego )
On June 2, 1987 , before me, the undersigned Notary Public in and for said
Co~Jnty and State, personally appeared *Allan L. Richie and Alena Richie* * ,
p~.ved to me on the basis of satisfactoFy evidence to be the *************** President
a~ . Secretary R~ - ~ --" ' '
·
~li~ii~rmit~r~xtX~lt~l~]~xxtJ~Xly~'~c~]~x~xf~x~i~i~i~Oly (Treasurer), respectively, of
the Corporation that executed the within instrument and acknowledged to me that such
Corporation executed the within instrument pursuant to its by-laws or a resolution of
its Board of Directors.
WITN[SS my h and official seal. LICEE MAY
Alice E. May ~ ~ mE,',,o cou.~=¥
Name (Typed or Printed)
861
RESOLUTION NO. 87-62
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ENCINITAS TO ACCEPT
~ OFFER OF DEDICATION OF REAL
PROPERTY AT THE NORTHEAST CORNER
OF ENCINITAS BOULEVARD AND EL CAMINO REAL
WHEREAS, the current public right-of-way of E1 Camino Real
north of Encinitas Boulevard does not have sufficient width to
provide for the roadway width pursuant to the adopted General
Plan; and
WHEREAS, Chevron Investments II and Wayne Gossett Ford, Inc.
dba Encinitas Ford have offered to donate a 13' strip of real
property along the east side of E1 Camino Real north of Encinitas
Boulevard to provide the necessary right-of-way to provide
sufficient public right-of-way consistent with the General Plan;
and
WHEREAS, the County of San Diego has offered to provide and
construct the standard public improvements along the east side of
E1 Camino Real and the north side of Encinitas Boulevard consistent
with the adjacent properties at no cost to the City: and
WHEREAS, the proposed public improvements are necessary to
provide for adequate traffic circulation and to enhance traffic
and pedestrian safety;
THEREFORE BE IT RESOLVED THAT, City Council hereby accepts
the offer to donate real property by Chevron Investments II and
Wayne Gossett Ford dba Encinitas Ford along the east side of E1
Camino Real north of Encinitas Boulevard; and
CRO1-ROADIMP.RES
~URTMEP~ORE, the City Council accepts the oEfer of the
County of San Diego to construct standard public improvements at
the northeast corner of Encinitas Boulevard and E1 Camino Real.
PASSED AND ADOPTED this 22nd day of June , 1987 by the
following Vote, to wit:
AYES: Gaines, Steel, Shea, Omsted, Luke
NAYS: None
ABSENT:
MARLOWE GAIN.ES, Mayor of the
ATTEST: City~o f Encinltas
- AN/ I, E. JANE POOL. City Clerk of the City of
E. J POOL, City Clerk Encinitas. C~lifortlia do hereby certffy
that the above and foregOi~g is a true and
correct copy of the origins,]_ of this docu-
of I have set my hand ~nd the seal of th~
City of Encinit~s.
~ City Clerk
CRO1-ROADIMP.RES
BASIS OF ~ARING:
EM. 11149
PARC~ 87-0120-A
3,964 Squore F~t (0.09 AC.)
S. D. D,& ~x/L
ENClNITAS BLVD.