Loading...
1987-396226REAL PROPERTY CONTRACT Newport Beach, California Project Title: E1 Camino Real/Encinitas Blvd. Work Order ~: 3C6041 /~'.,l... , 1987 Parcels ~: 87-0120-A GRANTOR: Chevron Investments No. II, a limited partnership A Grant 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 Grantor. B. Pay any escrow, title insurance, and recording fees incurred in this transaction. Take title to the property conveyed by the document referred to above, subject to any exceptions of record, excepting that certain lease between Grantor and Wayne Gossett Ford, Inc., dba Encinitas Ford. D. Install street improvements, consisting of street widening, traffic signal modification, curb, gutter, and sidewalk, along Grantor's entire frontage on Encinitas Boulevard and E1 Camino Real, without cost or assessment of any kind to Grantor. E. When constructing the proposed project, reconstruct t~e existing driveway approaches along E1 Camino Real and Encinitas Boulevard at locations designated by Grantor's lessee. It is understood and agreed that said approaches shall be paved with concrete to the right-of-way line without cost to Grantor, 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. It is expressly agreed that delivery of the Grant Deed referred to above is conditioned upon City also obtaining a quitclaim deed from Grantor's lessee, Wayne Gossett Ford, Inc., dba Encinitas Ford, identifying the same real property described in said Grant Deed. It is expressly understood that no monetary consideration is to be paid to Grantor for the property rights described in the aforesaid -2- deed. Grantor's willingness to donate such property is predicated upon (1) anticipated benefits accruing to Grantor's property and the neighborhood in general, as a result of the proposed project, (2) City's performance of the work set forth in paragraphs 1.D. and 1.E. hereinabove, and (3) assurance that the undersigned Grantor shall incur no costs in connection with the proposed street improve- ment project. Grantor warrants that it is the owner of fee title to the property described in the aforesaid document, and there are no oral or written leases on all or any part of the property exceeding a period of one month with the sole exception of the lease referred to in paragraph 1.C. hereinabove. Grantor agrees to hold the City harmless and reimburse the City for any and all of its losses and expenses resulting from Grantor's failure to convey valid fee title to said property to City, and/or occasioned by reason of any other lease held by any tenant of Grantor for a period exceeding one month. 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. The performance of this agreement constitutes the entire consid- eration 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. CHEVRO~NVESTMENTS NO ~._II ~E:MMENDED FOR APPROVAL . J~EL:~ P. NEVSO~ General Partner , General Partner CITY OF ENCINITAS C~ City ~oun--~-~ WHE~ RECORDED, PLEASE 'MAIL THIS INSTRUMENT TO:--- CITY OF ENCINITAS 543 Encinitas Blvd Suite 109 Encinitas, CA 92024 NO TRANSFER TAX DUE SPACE ABOVE FOR RECORDER'S USE ONLY GRANT DEED Assessor's Parcel Project: No. 259-121-13 W.O. No. : Parcel No.: Log No.: EL CAMINO REAL/ ENCINITAS BLVD. TE2997 87-0120-A CHEVRON INVESTMENTS NO. II, a limited partnership hereinafter called GRANTOR does GRANT to the COUNTY OF SAN DIEGO, hereinafter called GRANTEE, all that real property in the County of San Diego, State of California, described as follows: Parcel No. 87-0120-A (03-19-87) (WAR:MDT:cd) 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 30.00 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. Exhibit A P~C · Jao!Ho paz!Joq~.ne ^lnp s~,! ^q toeJeqs uo!zel: -JooeJ o~, s~uasuo:)aa:zueJ...) aq~ pue 6/_6[ '0Z 43,~kl uo pa~dope pJeoB p!es to uopnloseB ^q paJJa,tuoo A~Noq~ne o: ~uensJncl oSa!o uts ~o ~uno::) p!es jo sJc~!AJacln~; JO pJeoB eq~ ,~o ~leqeq uo pezda~3e ^qaJaq sj 'UO!].eJOdJO3 leOP!lOd ~ 'o§a!O ueS ]o A3uno~) all10Z [ueJ§ JO peep §u!o§~Joj aLII ^q peAe^uo:) A3JadoJcl leeJ u! ~eJa~uj aq:~ ~ecl~ Aj!3Ja:> o~ s! sjH.j AB¸ paJeadde AIleuosJad 'leas e §u!^eq pJo3aJ ~to i Jrt03 e $! qO)qM 'A3uno3 p!es Jo; pue u! ~no3 Jo!JadnS eq3 ~to 4Jalg o!o!p~o-xa pue ~Jel:) /qung$ 'Zq~'M~IgZ 'a J. aaeOa ,a,,, eJo~aq ' 6[ JeeA eqz u! ~to Aep s)q~, u0 'o§a!O ues ~o A~unog -s~ '~'lNblO:llg~3 dO 3.L~J.S a~.e3Spue AzunoD p!es .m,t pue u! 3!lqnd AJmo~j ',.uatunJzsu) U)q~.)M eq~ O) paq!Josqns · cLues eq~ pe3n3ax,~ aU. leU ~OLIM' 'lees lelahgO pue pueq Aw ssau.~!W~ zeqz pe§PelJOU~oe pue uos~ed aq~, eq oZ euJ oZ u~ou~ paJeadcle AlleUOSJed 'a~,mS pue AzunoD p!es JOlt pue u! 3uqnd AJeZON e 'peuSjsJepun eq3 'etu eJo~eq--6L '" uo ~o/~unoD -~0 ~.L~'.LS : £q :,~q d.LqsJ~u3Jed P°-l-.L'"~L ~ ~11 L~N bJ.N_"I~J. SdANI NUUA..-IH:,,) '--6[ ' ',to Aep s)q) pa;eO RESOLUTION NO. 87-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS TO ACCEPT AN OFFER OF DEDICATION OF REAL PROPERTY AT THE NORTHEAST CORNER OF ENCINITAS BOULEVARD AND EL CAMINO REAL Boulevard sufficient and 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 to provide the necessary right-of-way to provide public right-of-way consistent with the General Plan; 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 FURTHERMORE, the City Council accepts the offer 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 following vote, to wit: AYES: Gaines, Steel, NAYS: None ABSENT: ATTEST: E. ~JAN~POOL, City Clerk 22nd day of June , 1987 by the Shea, Omsted, Luke ~~E GAINES~ Mayor of the CityL~of Encinitas I, E. JANE POOL, City Clerk of the City of Encinitas, California do hereby certffy that the above and foregoing is a true correct copy of the original of this docu- ment on file in my office. Inv,,itness where. of I have se% my hand and the seal of the City of Encinitas. City Clerk CRO1-ROADIMP.RES I 51' i 50' ! WESt LINE SE I/4 Ni= i/4 SEC. 14 '[.13S. R4W / ,~.. ~-.o -~ ' ~:' _..." ..~ ,,' r .. __' / .' ' ,",--" ,'" ~' ..I ~ - I~7~.~7' Z "~ ~ ~ ~0~ J - ~ O~z J ~ "' X~ / I GRANVILLE M. BOWMAN DIRECTOR (619) 565-5177 June 12, 1987 'DEPARTMENT OF PUBLIC WORKS 5555 OVERLAND AVE, SAN DIEGO. CALIFORNIA 92123-1295 COUNTY ENGINEER COUNTY AIRPORTS COUNTY ROAD COMMISSIONER TRANSPORTATION OPERATIONS COUNTY SURVEYOR FLOOD CONTROL LIQUID WASTE SOLID WASTE Mr. Mort August, City Engineer City of Encinitas 534 Encinitas Boulevard, Suite 100 Encinitas, California 92024 Dear Mr. August: Subject: E1 Camino Real/Encinitas Boulevard Street Improvement Project - Transmittal of Right-of-Way Documents The subject proposed project involves the construction of street improvements at the northeast quadrant of the intersection of E1 Camino Real and Encinitas Boulevard in the City of Encinitas. Our plans call for both streets to be widened, and curb, gutter, and sidewalk constructed, along the property occupied by Encinitas Ford. As depicted on the enclosed map, in order for the project to proceed, it is necessary that a 13-foot-wide strip of land be acquired along the east side of E1 Camino Real; no new right-of-way will be needed along Encinitas Boulevard. At the request of the City, County staff has obtained the following signed documents pertaining to the additional right-of-way required for the project: Document Dated Grantor/Capacity Real Property Contract June 2, 1987 Chevron Investments No. II, a limited partnership/Owner Grant Deed June 2, 1987 Same as above Real Property Contract June 2, 1987 Wayne Gossett Ford, Inc. dba Encinitas Ford/Lessee Quitclaim Deed June 2, 1987 Same as above The enclosed contracts are, in effect, offers by the owner and lessee of the property to donate to the City the 3,964 square-foot parcel required for the project. The construction contract obligations set forth in the Contracts have been included in our construction plans and will be performed as part of the project works. -2- If the terms set forth in the contracts are acceptable to the City, it is recommended that the City Council approve each contract, and send a fully-executed copy to the respective parties as follows: Chevron Investments No. II Attn Mr. Don Menkoff 1903 Yacht Enchantress Newport Beach, CA 92660 Encinitas Ford Attn Mr. Red Richie 1424 Encinitas Boulevard Encinitas, CA 92024 It is also requested that a conformed file copy of each contract be forwarded to this office, addressed as follows: Mr. Joel Newsom (M/S 0340) County Department of Public Works 5555 Overland Avenue San Diego, California 92123 After the contracts have been executed by the City, and the deeds accepted on behalf of the City, both deeds should be submitted to the Recorder of San Diego County for recordation. Inasmuch as our schedule calls for advertising this County-funded project for bid on June 23, 1987, your completion of the recommended actions by that date, or as soon as possible thereafter, will be sincerely appreciated. Joel Newsom of this office will be glad to discuss any questions you may have regarding the enclosures, or the proposed project. He may be reached at 565-5240. Very truly yours, SHARON JASEK REID Deputy Director SJR:JPN:cb Enclosures Real Property Contract, Chevron Investments No. II (2) Real Property Contract, Encinitas Ford (2) Grant Deed Quitclaim Deed Right-of-Way Map NRDiN~ RECORDED', PLEASE MAIL THrS INSTRUMENT TO: CIfY OF ENCINITAS 543 Encinitas Blvd Suite 109 Encinitas, CA 92024 864 NO TRANSFER TAX DUE I I I I I I GRANT DEED ~--OFEE Assessor's Parcel No. 259-121-13 Project: W.O. No. : Parcel No.: Log No.: EL CAMINO REAL/ ENCINITAS BLVD. TE2997 87-0120-A CHEVRON INVESTMENTS NO. II, a limited partnership hereinafter called GRANTOR does GRANT to the COUNTY OF SAN DIEGO, hereinafter called GRANTEE, all that real property in the County of San Diego, State of California, described as follows: Parcel No. 87-0120-A (03-19-87) (WAR:MDT:cd) 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 30.00 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. Dated this dn¥ of CHFVRftN TNVFqll~IFNT<~ N~ T T: a l im(tad parl~ners ,~? b,: by: (Acknowledgment of Partnership) STATE OF ~ Sc COUNI~ OF ~_.~___.~c.-~~)" said/state, persona~lY appeared before me, the undersigned, a Notary Public in and for A-: ...... -- ~ .... - and proved to me on the basis of satisfactory evidence to be ~___~/.~.~_~_~_~C.~ of the partnership that executed the within instrument~/and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. i ~'(.::~",~'7 PRINciPAL OFFICE IN MY COMMISSIGN [XPIR[S SEP. 7, 1990 "' N~me'll'(l~p~I or"P'rihted) - (This area for official notarial seal) ban Diego, the day and year in this Certificate first above written, lerk~ ROSE RT D. ZUMWALT. CounW Clerk and ex-officio C 'Fhis is to certify that the interest in real property conveyed by the foregoing deed or grant to the CounW of San Diego. a political corporation, is hereby accepted on behalf of the Board of Supervisors of said Cou~.W of San Diego pursuant ~o authority conferred by Resolution of said Board adopted on I~a~ch 20, ]979 and the Grantee consents to recor- dation thereof by its duly authorized officer. Dated t'.C$2 65 ~5, 5177 RESOLUTION NO. 87-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ENCINITAS TO ACCEPT AN OFFER OF DEDICATION OF REAL PROPERTY AT THE NORTHEAST CORNER OF ENCINITAS BOULEVARD AND EL CAMINO REAL Boulevard sufficient and 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 to provide the necessary right-of-way to provide public right-of-way consistent with the General Plan; 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 867 FURTHERMORE, the County of San Diego to the northeast corner of PASSED AND following vote, AYES: NAYS: ABSENT: City Council accepts the offer of the construct standard public improvements at Encinitas Boulevard and E1 Camino Real. ADOPTED this 22nd _day of to wit: Gaines, Steel, Shea, Omsted, Luke None June ., 1987 by the ATTEST: E. JAN/ POOL, City Clerk · - - - , ..~ _-- 2Zz[.~ cf" MAP~E GAINES, Mayor of the - City--of Encinitas I, E. JANE POOL, City Clerk of the City of Encinitas, California do hereby certffy that the above and fore/~oin~ i~ a true and cora-oct co~y of the original of ii, is docu- ment on file ii! my office. In t.¢~ (.nc~zs whore- of I have set my hand and th~ seal of th~3 City of Encinitas. CRO1-ROADIMP.RES 868 63' R.S 458-66 50' N 89"35'10' W SCALE I"= 50' BASIS OF BEARING: P.M. 11149 PARCFI 87-0120-A CHEVRON INVESTMENTS NO. II .LESSFF: WAYNE 60SSET FORD ;5,964 Square Feet (0.09 AC.) SE C. J4 "Z. 13 S. R.-4 W. S.B. B,& M, ~\~,"--,- ~--86°55' ~4" R=25'"' ' \"!7. 76' N 87°32'19"w ENCINITAS 86049' 16'W BLVD. R..~. 458-66L_ TE2997 SERVICES EPARTMENT OF GENERAL FACILITY AND REAL PROPERTY OMSION RING ~;]~,-,'"" I ,¢,,, i"= 50' I OF I COUNTY OF SAN DIEGO - , II~AII~CEL NO.