Loading...
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.