2003-1457554 2 'F" 4
RECORDING REQUESTED BY 00 -J- 5
r
AND WHEN RECORDED MAIL TO: DEl 0 21 0.
A C,'- T(" N
Attention: City Clerk i- i LR
E nT[ 1) C-11RDER" - 1 - 1 , 11
1 T t
0,
THE CITY OFENCINITAS x
Elitilk.Y Hm 11, 1PJNPT'-
505 S. Vulcan Avenue F t
Encinitas, CA 92024 fit," - i11rf
(Space above this line for Recorder's use)
Exempt from Recording Fee Exempt from Documentary Transfer Tax
Pursuant to Government Code § 6103 Pursuant to R&T Code § 11922
GRANT DEED
J "
Assessor Parcl Number(s): 258-420-04 ] All
[X] Portions
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
MICHAEL HELBOCK and MELINDA J. HELBOCK, husband and wife as
joint tenant�
HEREBY GRANTS TO
THE CITY OF ENCINITAS, A MUNICIPAL CORPORATION,
all rights, interests, or title to the real property located in the City of Encinitas, County of San Diego,
State of Califcmia described as Parcel I in Exhibit A and depicted on Exhibit B attached hereto and
incorporated herein by this reference.
IN W ITNESS W REOF, the grantor hereto has cause this Grant Deed to be executed
as of this day of A0V 2003.
MICHAEL HELBOCK LINDA J'IfELBOCK
Owner Owner
EXHIBIT A (1/5)
STATE OF CALIFORNIA )
) SS.
COUNTY OF
On before me, Am rxnAa 1,6w ^ l {U' irf0.�j P ub 1
(Name and Title of Officer)
personally appeared NPlb6ck
le" personally Imown to me - or - 0 proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that
k44ske /they executed the same in hisLher /their authorized capacity(ies), and that by his+er/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
t � C Z'� Otfa
AMANDA CMRISTITA WEINDEL I Co fission i 1363641 Signature of Notary Public
Notary Public- Caftmis £
Sa I Diego County
MyGnt .E*me Jul 5,2006 ACCEPTANCE
This is to certify that the interest in real property conveyed by this instrument to the City of
Encinitas, is hereby accepted by the undersigned agent on behalf of the City of Encinitas pursuant
to authority conferred by Resolution of the City Council of the City of Encinitas adopted on
November 9,1 94 and the grantee consents to recordation thereof by its duly authorized officer.
Dated: '
` � 1
B
Peter Cota -Ro les,P.E.
Director of En yincering Services
City of Encini as
EXHIBIT A (2/5)
EXHIBIT A (LEGAL DESCRIPTION)
IGHT OF WAY FOR PUBLIC ROAD PURPOSES
PARCEL NO. 258- 420 -04
PARCEL 1:
THAT PORTIO OF LOT 4 OF THE CITY OF ENCINITAS TRACT NO 90 -209, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1996 AS MAP NO.
13345, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE ALONG THE
EASTERLY OF SAID LOT, SAID EASTERLY LINE ALSO BEING THE WESTERLY
RIGHT OF WA Y QUAIL GARDENS DRIVE, AND THE BEGINNING OF A NON - TANGENT
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 570.00 FEET; A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 73 09'45" EAST; THENCE
NORTHERLY 8.75 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A
CENTRAL ANGLE OF 7 54'57" TO THE MOST EASTERLY CORNER OF SAID LOT; A
RADIAL LINE OUGH SAID POINT BEARS SOUTH 81'04'42" EAST; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID LOT NORTH 58 °14'34" WEST 7.99 FEET TO THE
BEGINNING 01 A NON - TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING
A RADIUS OF 68.00 FEET; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 77
04'56" EAST; THENCE LEAVING SAID NORTHEASTERLY LINE AND CONTINUING
SOUTHERLY E4.69 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
10 0 22'04" TO A POINT ON THE SOUTHERLY LINE OF SAID LOT; SAID POINT BEING
DISTANT NORTH 88 02'55" WEST 15.54 FEET FROM THE SOUTHEAST CORNER OF SAID
LOT; A RADIAL LINE THROUGH SAID POINT BEARS SOUTH 66 42'52" EAST; THENCE
ALONG SAID SOUTHERLY LINE SOUTH 88 02'55" EAST 15.54 FEET TO THE POINT OF
COMMENCEMENT.
CONTAINING E 92 SQ. FT. MORE OR LESS
PARCEL 2:
EASEMENT FOR SLOPE PURPOSES
THAT PORTION OF LOT 4 OF THE CITY OF ENCINITAS TRACT NO 90 -209, IN THE CITY
OF ENCINITAS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE
OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 6, 1996 AS MAP NO.
13345, DESCRIBED AS FOLLOWS:
Revised December 16, 2002
Page I of 2
APN 258- 420 -04
PASURVEY\ANNA \SAN IEGO \QUAILGARD \DEG \LOT4. DOC
EXHIBIT A (3/5)
i
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 4, THENCE ALONG THE
EASTERLY LINE OF SAID LOT, SAID EASTERLY LINE ALSO BEING THE WESTERLY
RIGHT OFWAY QUAIL GARDENS DRIVE, AND THE BEGINNING OF A NON - TANGENT
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 570.00 FEET; A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 73 09'45" EAST; THENCE
NORTHERLY 8.75 FEET ALONG SAID EASTERLY LINE AND CURVE THROUGH A
CENTRAL AN LE OF 7 54'57" TO THE MOST EASTERLY CORNER OF SAID LOT; A
RADIAL LINE THROUGH SAID POINT BEARS SOUTH 81 04'42" EAST; THENCE ALONG
THE NORTHEASTERLY LINE OF SAID LOT NORTH 58 WEST 8.21 FEET; THENCE
LEAVING SAID NORTHEASTERLY LINE SOUTH 23 0 45'12" WEST 87.61 FEET TO THE
SOUTHERLY LINE OF SAID LOT; THENCE ALONG SAID SOUTHERLY LINE SOUTH 88°
02'55" EAST 24.75 FEET TO THE POINT OF COMMENCEMENT.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL 1 DESCRIBED
ABOVE.
CONTAINING z 92 SQ. FT. MORE OR LESS
PREPARED BY ME OR UNDER MY SUPERVISION:
y
y o ;
I-ZI16 02 U ANNA M.BEA O
ANNA M. BE AL, P.L.S. 4955 DATE * Exp. 12 31 -K
EXPIRES 12/31/)l
d+r No. 4955
. E Or: CAof
Revised December 16, 200
Page 2 of 2
APN 258- 420 -04
P: \SURVEY\ANNA \SAN (EGO \QUAR.GARD\DEG\LOT4.DOC
EXHIBIT A (4/5)
1 . l
EXHIBIT B
RIGHT OF WAY FOR PUBLIC STREET PURPOSES
�A PUBLIC DRAINAGE E GRANTED TO
LOIT 3 h. CRY OF ENCINITAS PER MAP N0. 13345.
PRIVATE RECIPROCAL ACCESS ESMT. FOR Q R= 570.00'
�= 09'39'49'
N �" INGRESS AND EGRESS PER FILE NO.
�'j , 2� 1998- 0089685, O.R.
L= 96.14'
SCAtE 1" >•80 4
�� ° ?a G PRIVATE DRAINAGE ESMT. GRANTED To Q A= 754 -57"
w 0 COY OF ENCINITAS PER MAP NO. 13345. L 805
pO PROPOSED PRIVATE SEWER & WATER ESMT. Q= 01'44'51'
AS SHOWN ON MAP NO. 13345. ® R= 570.00'
N L= 17.39'
I.0[ 4 „ v, R40B7�. _ A= 0705'16'
PARCEL 3 J n tt h• - - -� ® R= 189.26'
$/ �O / i L= 23.41'
/ YI R= 50.00'
PARCEL 2 L= 40.37'
® A =7726'50'
R =50.00'
37' I v L= 63.22'
N/ N IT \ Z
cr F N
/ a P.O.B. N 5.74' N, ;v gNNA M. BE:AL O
e� P
15.54' �\, = �I Ed �
_� k E %p.
— N66 I01' 3 02'S5W 120.00
N4T7 , u. W ® 4Y ,0 N� No. 4955
T.P.O.B. ?s1, RAD = rF0r Cgt_1f�P
T.C.E. If A NB
DETAIL ® i� ®� I R
N
W B
ME y LOr 4 7.9 , J
CEL
BEARINGS AND DISTANCES SHOWN 6 h SEE DETAIL Q
HEREON HAVE BEEN ROTATED -O n H sd` i R40 .
001'08' CLOCKWISE FROM C D r?Srk g
RECORD DATA PER TR. NO. 90-209. 0 H�
THE BEARING FOR THE CENTER NE N88'025 W 12000
OF QUAIL GARDENS ROAD IS N 53'25E 104.46
PER R.S. MAP NO.12683. POR, W1/2, NW 1/4, NE 1/4 15.5 N VIClNM MAP
SEC. 15 0 = 735.18 „b 4
R= 468.00
�o
LEGEND L =21.14 �2 BLVD
DENOTES AREA TO BE DEDICATED 9 to
TO CITY OF ENCINITAS FOR ROAD US
AND HIGHWAY PURPOSES. �/ d
AREA PARCEL 1: 892 SQ. FT. ± Pxaw
DENOTES AREA TO BE DEDICATED LOCATION
ED TO CITY OF ENCINITAS FOR SLOPE
PURPOSES.
AREA PARCEL 2: 492 SQ. FT. ± ° 74s BLVD
DENOTES AREA TO BE DEDICATED REVISED 12/13/02
`2001 EAST FIRST STREET r , TO CITY OF ENCINITAS FOR TEMPORARY
SANTA ANA, CA. 92705 L _ J CONSTRUCTION PURPOSES. ASSESSORS PARCEL NO.: 258- 420 -04
(714) 568 -7300 393 SO. FT. ± OWNER:
P! \SUROEV\ANNA \SANDIEG0\ GARD \ GUNLG D.DNG - EXHIBIT A (5/5)
SETTLEMENT AGREEMENT
AND
MUTUAL RELEASE
THIS AGREEMENT is made and entered into as of June 12, 2003, by and
between Michael Helbock and Melinda J. Helbock (sometimes collectively referred to as
the "PROPERTY OWNERS ") and the CITY OF ENCINITAS .( "CITY "); PROPERTY
OWNERS and CITY are sometimes each referred to as "Party" and collectively referred
to as _ "Parties ") in recognition of the following:
A. PROPERTY OWNERS are the owners of an approximately 0.343 acre
parcel (APN 258- 420 -04) located adjacent to the west side of Quail
Gardens Drive north of Encinitas Boulevard in the City of Encinitas,
commonly known as 201 Lindsey Lane:
B. CITY is undertaking road and related improvements that require
acquisition of portions of properties on both sides of Quail Gardens Drive
north of Encinitas Boulevard ( "CITY's PROJECT ") as shown in CITY
plans 0038 -SI dated April 22, 2003, and needs to acquire right -of -way for
public road purposes in fee, a slope easement, a sight distance easement
and a temporary construction easement from the PROPERTY OWNERS.
C. CITY and PROPERTY OWNERS have reached an agreement with
respect to the CITY's acquisition of the PROPERTY OWNERS' property,
in exchange for CITY increasing the side and back yard level area and
CITY's installation of improvements on the property.
NOW, THEREFORE, in consideration of the above recitals and other good and
valuable consideration as set out in this Settlement Agreement and Mutual Release
( "Settlement Agreement" or "Agreement "), the Parties agree as follows:
1. The above recitals are true and correct.
2. CITY shall acquire right -of -way for public road purposes in fee, a slope
easement, a sight distance easement and a temporary construction easement
from the portions of APN 258- 420 -04 as more particularly described in
Exhibits A „ , „ B „ "C” and "D” attached hereto.
3. CITY and PROPERTY OWNERS agree that the acquisition of the portions of
the property is for public purposes and use.
I
4. Upon the execution of this Agreement, CITY. shall acquire the interests
described in Exhibits "A ", "B ", "C" and "D ", attached hereto which are
portions of Assessors Parcel Nos. 258 - 420 -04. As part of the CITY'S contract
to reconstruct Quail Gardens Drive, the city shall include a retaining wall that
shall result in the increase of the PROPERTY OWNERS'. level side and back
yard areas to an area of approximately 1,209 square feet as depicted on the
attached Exhibit "E ". The area of the above mentioned right -of way needed by
the CITY is approximately 1,384 square feet. The difference. in the taking and
the expansion is 175 square feet. CITY will make every effort to increase the
area of PROPERTY OWNERS side and back yard to equal the amount of
taking at the time of construction, if reasonably possible. The CITY will
coordinate with the construction contractor at the time of construction to
increase, if reasonably possible, the projected amount of expansion to equal
that of the taking. As long as CITY makes reasonable effort to create an
expansion equal to the taking, PROPERTY OWNER agrees to accept the
1209 square feet expansion as referenced above as a full, final, and complete
exchange. CITY and PROPERTY OWNER acknowledge that the expansion
area will be limited by that area which can be reasonably created through the
use of a maximum height wall of eight (8) feet along the 2:1 slope as
illustrated in exhibit "E ",
5. The above described property exchange and improvements described in plans
0038 -SI for the PROPERTY OWNERS constitutes the full and final Just
Compensation for taking of right -of -way and easements by the CITY the
portions of said Assessor Parcel Nos. 258- 420 -04 and extinguishes all of the
PROPERTY OWNERS' damages, interest, attorneys' fees, and any other
claim which could have been made in this action, including any damage to
PROPERTY OWNERS remainder property.
Said exchange and construction as hereinabove specified shall terminate,
cancel and extinguish all liens, leaseholds, and encumbrances of whatsoever
nature on the real property to be acquired.
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6. PROPERTY OWNERS shall insure all property taxes are current on the
properties and that CITY shall not be responsible for payment of any property
taxes, current or delinquent, or any interest or penalties.
7. CITY agrees to provide the following services and facilities for the benefit of the
PROPERTY OWNER (unless otherwise indicated) with regard to their property:
a. Install and maintain any and all stonnwater pollution facilities and
techniques required for CITY's PROJECT.
b. Provide at least two business days written notice of any required
removal of plants (which will be removed by City's contractor)
within the area to be graded or partially graded as part of CITY'S
PROJECT.
C. Install and maintain the parkway, the retaining walls, and any
CITY landscaped area(s) in front of two (2) lower retaining walls:
The PROPERTY OWNERS retain the maintenance responsibility.
of the upper most retaining wall and the slope from the uppermost
retaining wall to the next lower wall upon completion of the
CITY's PROJECT, see Exhibit "E"
d. The uppermost retaining wall to be constructed on the PROPERTY
OWNERS' property at the end of the extended area of the back
and side yards shall be a sound wall of concrete and plexiglass, as
shown in Exhibit "E"
e. Replace or repair any irrigation systems that are removed or
destroyed on any part of the slope and in the PROPERTY
OWNERS' back and side yard during construction with like
irrigation systems or irrigation systems that are necessary to
provide adequate water to the landscaped areas.
f. Construction shall be done during the business hours of 8 a.m. to
5.p.m. Monday through Friday. No construction on PROPERTY
OWNERS property shall be done before or after these hours or on
weekends.
g. The slopes that will be created by the City with the taking will be a
2:1 ratio and will not exceed 2:1.
3
h. An inventory of the plants and trees at the PROPERTY OWNERS'
current exterior wall in their back and side yards will made and the
plants and trees will be removed and re- planted or they will be
replaced with like plants and trees at the new sound wall with a
180 day warranty. The trees and plants that will be destroyed that
are currently on the slope at the back of the exterior wall will be
replaced with like trees and plants.
i. City is responsible for any individual who enters upon the
construction portion of PROPERTY OWNERS' land during the
construction of PROPERTY OWNERS' portion of CITY'S
PROJECT. City will hold harmless, indemnify and defend
PROPERTY OWNERS for any injury that occurs on their property
to any person working for the City while working on the
PROPERTY OWNERS' portion of the project.
8. Notices
a. Notice by Certified Mail
i. All notices herein provided to be given, or which may be
given by any Party to the others shall be deemed to have been fully given when
made in writing and deposited in the United States mail, certified and postage
prepaid, and addressed as follows:
ii. Any or all of said addresses may be changed at any time by
written notice given by the Party involved to all other Parties as hereinabove
provided.
b. Notice by Personal Service
Nothing herein contained shall preclude the giving of any such
notice by personal service.
9. Mutual Release
a. PROPERTY OWNERS, individually as to their respective
properties and on behalf of themselves and their past and present agents, partners,
associates, owners, stockholders, subsidiaries, affiliates, directors,' officers,
employees, predecessors, successors, heirs, assigns, representatives, attorneys,
and all persons acting by, through, under, or in concert with PROPERTY
4
OWNERS, hereby release and forever discharge CITY, and its past and present
agents, partners, associates, owners, stockholders, subsidiaries, affiliates,
directors, officers, employees, predecessors, successors, heirs, assigns,
representatives, attorneys, and all persons acting by, through, under, or in concert
with CITY from any and all claims, liabilities, demands, obligations causes of
action, damages, losses, costs, and expenses, of any nature whatsoever,'known or
unknown, fixed or contingent, existing as of the date hereof which are set forth in,
arise out of, result from or relate in any way to the CITY's acquisition of the
portions of the Assessor Parcel Numbers covered by this Settlement Agreement
and the City's project:
b. CITY, on behalf of itself and its past and present agents, partners,
associates, owners, stockholders, subsidiaries, affiliates, directors officers;
employees, predecessors, successors, heirs, assigns, representatives,; attorneys,
and all persons acting by, through, under, or in concert with CITY, hereby
releases and forever discharges PROPERTY OWNERS, and their past and
present agents, partners, associates, owners, stockholders, subsidiaries, affiliates,
directors, officers, employees, predecessors, successors, heirs, assigns,
representatives, attorneys, and all persons acting by, through, under, or in concert
with PROPERTY OWNERS, individually as to their respective properties, from
any and all claims, liabilities, demands, obligations, causes of action, damages,
losses, costs and expenses, of any nature whatsoever, lazown or unknown, fixed or
contingent, existing as of the date hereof which are set forth in, arise out of, result
from, or, relate in any way to the CITY's acquisition of the portions of the
Assessor Parcel Numbers covered by this Settlement Agreement and the city's
proj ect.
C. Anything in this Section 9 to the contrary notwithstanding, no
Party releases any other Party from any liability arising from non - performance or
breach of the terms and conditions of this Settlement Agreement.
10.' Waiver of Section 1542
It is expressly understood and agreed that all rights under section 1542 of
the Civil Code of California are hereby waived with respect to all claims of each
5
of the Parties hereto, upon or against the other, except as to a breach hereunder.
Said section reads as follows:
"A general release does not extend to claims which the creditor does not
know or suspect to exist in his favor, at the time of executing the release,
which if known by him must have materially affected his settlement with
the debtor."
The Parties hereto understand and acknowledge the significance and
consequences of such specific waiver of section 1542 and hereby assume full
responsibility for any injuries, damages, losses, or liabilities that may hereafter
occur with respect to such claims, whether known or unknown, between the
Parties. Anything in this paragraph to the contrary notwithstanding, no Part y
releases any other Party from any liability arising from non- performance or
breach of the terms and conditions of this Settlement Agreement. ;
11. Mediation of Disputes.
If any dispute arises out of this Settlement Agreement, or the breach
thereof, and if the dispute cannot be settled through good faith negotiation, the
Parties agree before resorting to legal action, to attempt in good faith to settle the
dispute through mediation before a mediator to be agreed upon by the Parties.
The Parties agree to share equally the cost of mediation fees and to bear their own
costs and fees for such mediation.
12. Attorneys' Fees and'Costs
In the event that one party incurs expenses, including attorney's fees and
costs, in enforcing the provisions of this AGREEMENT, prevailing party shall be entitled
to recover; from the other party reimbursement for those costs including reasonable
attorney's fees.
13. Counterparts and Facsimile Signatures
This Agreement may be executed in counterparts, one by each Party, with
the same effect as if each Party had executed the same document. Facsimile
signatures shall have the same force and effect as original signatures.
14. Construction
6
The Parties agree that the terms and conditions of this Agreement are-the
result of negotiations between the Parties and/or their counsel, and that this
Agreement shall not be construed in favor of or against any Party by reasons of
the extent to which any Party or its counsel or representatives participated in
drafting it or any portion of it.
15. Governing Law
This Agreement shall be interpreted and enforced under the laws of the
State of California.
16. Entire Agreement
Except as expressly provided herein, this Agreement contains the entire -
agreement between the Parties. relating. to the transactions contemplated hereby,
and prior or contemporaneous agreements, understandings, or representations. and
statements, oral or written, are merged herein. No modification, waiver,
amendment, discharge, or change of this Agreement shall be valid unless the same
is in writing and signed by the Parties against whom enforcement of such
modification, waiver, amendment, discharge, or change is or maybe sought:
17. Further Documents
The Parties agree to execute such other documents as any Party may
reasonably require to carry out the purposes of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as follows:
CITY OF ENCINIT S PROPERTY OWNERS
By: V—eil'
et ity Manager Michael Helbock
elinda J. Helboc
APPROVED AS TO FORM:
G 4ennabine, City niey
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