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
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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
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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.