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Home My WebLink About; County Of San Diego; 2001-0406601; Easement. . : FkO$ED REQUEST OF DEPARTMENT OF GEWL SERVICES FS’3 THE BENEFIT OF THE COUNTY OF SAN DI _ . * ‘ WkEN’RECORDED, PLEASE RETURN DOG %I . ‘- THIS INSTRUMENT TO: JUN 18, 2001-0406m1 2cMxL 9:59 AM City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 EFImL EalRDS W DIEGO RUNTY REMRDER’S OFFICE 2001-0406601 3 RECORDER’S USE ONLY IRREVOCABLE OFFER TO DEDICATE REAL PROPERTY NO TRANSFER TAX DUE Assessor’s Parcel No.: 209-050-25 Project: ORION ST IOD W.O. No.: TE 2014 Parcel No.: 97-0245-A Log No.: 9704-05 Fund: AEF THE COUNTY OF SAN DIEGO, a political subdivision of the State of California hereinafter designated GRANTOR, represents that it is the owner of the hereinafter described real property, and for a valuable consideration, hereby makes an Irrevocable Offer of Dedication of the hereinafter described real property for the following public purpose: PUBLIC HIGHWAY The real property referred to herein and made subject to said easement and right-of-way by this grant is situated in the City of Carlsbad, County of San Diego, State of California, and is particularly described as follows: Parcel No. 97-0245-A (11-12-97) (BTH:PET:dlg) That portion of said Lot “B” of Ranch0 Agua Hedionda, lying within a strip of land 48.00 feet wide, the sidelines of said strip lying 24.00 feet on each side of the following described centerline: COMMENCING at the most Southerly corner of that land described in parcel 1 of deed to Carlsbad Municipal Water District, recorded August 3, 1973 at File/Page No. 73-215694 in the San Diego County Recorder’s Office, being also the most Southerly corner of that certain 6.459 acre parcel shown on Record of Survey Map No. 7845, filed in said Recorder’s Office on March 8, 1974; thence along the Southwesterly prolongation of the Southeasterly line of said 6.459 Acre parcel South 5 1 O 17’ 15” West (Record North 51 O25’00” East per said R.O.S. 7845) 55.00 feet to a point on the centerline of El Camino Real, Road Survey 1800-1, a plat of which is on file in the Office the County Engineer of said County; thence along said centerline South 38O42’45” East, (Record North 33O 11’55” West per said R.S. 1800-l) 141.28 feet to Engineers’ Station 329 +50.00 thereon, said point being the TRUE POINT OF BEGINNING; thence leaving said centerline North 37O51’42” East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81 O50’49”, a distance of 499.97 feet; thence tangent to said curve, North 43’59’07” West, 172.23 feet to the beginning of a tangent 350.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 54O45’22”, a distance of 334.49 feet; thence tangent to said curve North 1 O”46’15” East, 518.39 feet to a point on the Southeasterly line of Parcel No. 82-0001-A as described in Grant Deed to the City of Carlsbad, recorded June 30, 1982 as Record No. 82-201566 of Official Records in the Office of said County Recorder, said point being the POINT OF TERMINUS. 50300953 Rev. 4IDecember 12, 1997 . . I - ’ .T . 3511 97-0245-A 1 . Parcel No. 97-0245-A continued . EXCEPTING THEREFROM that portion lying within Road Survey No. 1800-1, a copy of which is on file in the Office of the County Engineer of said County. 50300953 Rev. 4IDecember 12, 1997 . - a, . I * I’ 3512 ~’ L RESERVING THEREFROM the following rights and p’rivileges: 97-0245-A 1. For the use and benefit of the Public, the right of flight for the passage of aircraft in the airspace above said easement, together with the right to cause in said airspace such noise and such incidence of flight as may be inherent in the operation of aircraft, now known or hereafter used for navigation or of flight in air, using said airspace taking off from, landing at or operating on McClellan-Palomar Airport. 2. The continuing and perpetual right to cut to ground level and remove trees, bushes, shrubs or any other perennial growth or undergrowth extending into, or which in the future could infringe upon or extend into or above, the McClellan-Palomar Airport clear zone approach surface. 3. The right to require Grantee, at Grantee’s sole cost and expense, to remove, raze or destroy those portions of buildings, other structures and land infringing upon or extending into said McClellan- Palomar Airport clear zone approach surface, together with the right to prohibit the future erection of buildings or other structures which would infringe upon or extend into said surface. 4. The right to require Grantee, at Grantee’s sole cost and expense, to mark and light as obstructions to air navigation, any and all structures, trees or other objects that may at any time project or extend above said surface. 5. The right of ingress to and egress from, and passage over the herein described easement, for the above purposes. 50300953 Rev. 4IDecember 12, 1997 . I. % . 97-0245-A ,. ’ *: This Offer of Dedication is made pursuant to Section 7050 of the Government Code of the State of California and may be accepted at any time by the city council of the city within which such real property is located at the time of acceptance or, if located in the unincorporated territory, by the Board of Supervisors of the County of San Diego. This Offer 6f Dedication may be terminated and the right to accept the offer may be abandoned in accordance with the summary vacation procedures in Section 8300 et seq. of the Streets and Highways Code of the State of California. The termination and abandonment may be made by the city council of the city in which the real property is located, or if located in unincorporated territory, by the Board of Supervisors of San Diego County. This Offer of Dedication shall be irrevocable and shall be binding on the Grantor, its heirs, executors, administrators, successors and assigns. Grantor(s) have/has caused this Irrevocable Offer of Dedication to be executed this day of EamBEt2. I 1997 --I A. MILLER, Director of General Services STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGO) /is97 I before me, GREGORY J. SMITH, Assessor/Recorder/County Clerk in and for said County and State, personally appeared JOHN A. MILLER, Director, Department of General Services, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that (he/she/they) executed the same in (his/her/their) authorized capacity(ies), and that by (his/her/their) signature(s) on the instrument the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. GREGORY J. SMITH, Assessor/Recorder/County Clerk Deputy Name (typed or printed) 50300953 Rev. 4/December 12. 1997 CITY OF cARLsBAo PARCEL 02-0001-A . . COUNTY OF SAN DIEGO 209-050-25 \ COSTA REAL MUNICIPAL \\\ L Ed- cA...itib .~..A. . . . . .ii ;. Y. . . Y..! . . . .,ii;.;j. - . . .,: s17~~2 5-e i I lil.22 - / / DEPARTMENT OF GENERAL SERMCES mom 81: DA=: 11/7/97 SHEET No. REAL PROPERTY DlVlSloN COUNTY OF SAN DIEGO DRAW eY BTH SCALE I’ = 200’ 1 cf 1 PARCEL No. PALOMAR AIRPORT/ORION ST. EXTENSION (100) 97-024!~ 3515 CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the Interest in real property conveyed by the grant deed of easement, dated /J -23- 1497 from JWU 4~ /Q/CL455 to the City of Carlsbad, California, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred by Resolution No. 91-71 of the City of Carlsbad, adopted on March 5, 1991, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: 64 7-a50j __ _.~ Deputy City A-w I I 1 . . I) CITY OF CARLSBAD - AG DA BILL rB# I$3st8 n&g: DEPT. HD. REPORTING SElTLEMENT AGREEMENT BETWEEN ITG. 912197 CITY OF CARLSBAD, THE COUNTY OF SAN DIEGO AND COAST WASTE MANAGEMENT IEPT. CA RECOMMENDED ACTION: That the City Council note and file the settlement agreement between the City of Carisbad, the County of San Diego, and Coast Waste Management. ITEM EXPLANATION: On August 5, 1997, the City Council APPROVED terms and conditions of a final settlement agreement between the City of Carlsbad, the County of San Diego, and Coast Waste Management to resolve the following litigation: Coast Waste Manaaement. Inc., et al v. Countv of San Dieao. et al, U. S. District Court No. 94- 1823-IEG (challenged by Coast and Carlsbad seeking to prevent the County’s termination of Coast’s 1984 lease of the Palomar Transfer Station) and Citv of Carlsbad v. Countv of San Dieao. et al, San Diego Superior Court Cast No. N66415 (an eminent domain action in which the City of Carlsbad sought to acquire the Palomar Transfer Station property from the County of San Diego). Pursuant to the Brown Act, the settlement could not be reported out at that time because its approval was contingent upon the signature of other parties. Those signatures have now been affixed, and the agreement has been recorded in the Office of the San Diego County Recorder. Accordingly, the agreement is now a matter of public record and available for public review, if desired. The Council’s action is to note and file, and the agreement will be on record in the office of the City Clerk, available for public review. FISCAL IMPACT: None by this action. JOHN L. SNYDER DIRECTOR (BSI) 6S4.2252 FAX: (8%) 286-0461 LOCATION CODE 550 COUNTY ENQINEER COUNTY AIRPORTS DEPARTMENT OF PUBLIC WORKS COUNTY ROAD COMMISSIONER TRANSIT SERVICES COUNTY SUUVEYOR FLOOD CONTROL 6666 OVERLAND AVE. SAN DIEGO, CALIFORNIA 9212342BS WASTEWATER MANAQEMENT March 1, 2000 Mr. Galen Peterson 16064 Sun Summit Point San Diego, CA 92127 Dear Mr. Peterson: MCCLELLAN-PALOMAR AIRPORT - ORION STREET IOD - SAN DIEGO SUPERIOR COURT CASE NO. N66415 - PARCEL 97-0245-A As we discussed by phone last week, I am enclosing a copy of the Irrevocable Offer to Dedicate to the City of Carlsbad for a 48-foot right of way for Orion Street. Also enclosed is a copy of the cover letter, dated February 2, 1998, addressed to Assistant City Manager Frank Mannen. As I recall, not long after the 1998 letter went out, we received a letter from the City’s Engineering Section wanting 25foot curb roundings at each end of the road (thus, at Faraday Avenue and El Camino Real). Also included were several pages of forms to be filled out and processed through the City. Those forms have not been filled out by the County, nor do I expect that to occur. During this time period, the City requested a dedication from the County for a 72-foot right of way for Orion Street. Then followed various communications between City staff and County staff regarding the 72-foot right of way. Except for the driveway and landscaping easements to MSGW (developer of the FedEx property west of Orion) coupled with a 12-foot road right of way strip for widening a portion of Orion Street and a drainage easement, both to the City, the process to improve Orion has been mainly in the preparation by the City of plans and specifications for reconstructing Orion Street. If you have any questions on this matter, please call me at (619) 596-3911. 2 R al Property Agent JOR:jr Enclosures DIRECTOR (SlB)664.2212 * CA2:(61@)266-0461 LOCATION CODS 180 - ~~$LgIkJF?? +&,y $ln.mtp of hut mego COUNTY ENOlNEfl COUWrr AIRPORT3 COUNTV no*0 COYYlLsIc DEPARTMENT OF PUBLIC WORKS 6656 OVERLAND AVE. SAN DIEGO, CALIFORNIA 02122.1286 TaAutrT StRVtctt COUHTI SURVEYOll FLOOD CDMTROL WASTLWATEII YANAGEY 8OUD WAITS February 2.1998 Mr. Frank Mannen Assistant City Manager City of Carlsbad 1200 Carlsbad Village Drive Q&bad, CA 92008-1989 Dear Mr. Mannen: MCCLELLAN-PALOMAR AIRPORT - Sm AGREEMENT - SAN DIEGO SUPERIOR COURT CASE NO. N66415 - ORION STREET IOD -PARCEL 97-0245-A section 2 of Exhibit C-l (PRoJEcr ENHANCEMENT S) of the subject Settlement Agreement requires the County of San Diego to make an krevocable Offer to Dedicate to the City of C&bad, a fortyeight foot right of way for the road that SCNCS the Palomar Transfkr Staticm. Enckxed is the original of that Offer as txtcutbd by the County’s Director of General Services. When the Offer has been accept& and Tccordfd by the City, please send a conformed copy of the reco&d document to the attention of Jim Ramey, County of San Diego, Department of Public Works - Akports Division, Gillespie Field Administration Building, 1960 Joe Crosson Drive, El Cajon, CA 92020. For information qzuding construction of improvements to the road, please contact Mr. Jon Rollin (619) 694- 2231. ‘If you have any questions regarding the enclosed Irrevocable Offer to Dedicate, please contact Jim Ramey at (619) 596-3911. TIMOTHYA. WALSH Assistant Deputy Director - Aviation TAWJOkmy Enclosure CC: Mr. D. Dwight Worden, 462 Stevens Avenue, Suite 102, Soiana Beach, CA 92075; Ms. Erin Wani (Ms A12); Mr. Jon Rollin (MS 0332); Mr. Wliam A. Ring (MS 0200)