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Home My WebLink About1999-10-05; City Council; Resolution 99-454II w w 1 2 3 4 5 6 7 8 9 10 11 om Y2 “UW a08 ou$y iL, $035 SL%a OZJO ““50 slug u->$ ZdZ 9 OOL I ai E:? - pz a01 00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 99-454 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FOR APPROVAL AND EXECUTION OF A GRANT OF SLOPE EASEMENT, GRANT OF TEMPORARY CONSTRUCTION EASEMENT AND GRANT DEED OF EASEMENT FOR A ROAD EASEMENT FOR THE CONSTRUCTION OF AVIARA PARKWAY PROJECT WHEREAS, the Plaintiff has submitted a request for approval execution of a Grant of Slope Easement, Grant of Temporary Construction Easer and Grant Deed of Easement for a road purposes for the Aviara Parkway Project; a WHEREAS, the City Council has determined it to be in the best intere! of the general public and the City of Carlsbad to approve and execute the Grant of Slope Easement, Grant of Temporary Construction Easement and Grant Deed of Easement for road purposes to the City of Carlsbad NOW, THEREFORE, BE IT RESOLVED by the City Council of the Cit Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Grant of Slope Easement for public street and public utili! purposes as shown on Exhibit A, attached hereto and made a part hereof; is appro\ 3. That the Grant of Temporary Construction Easement for temporaq construction purposes associated with the construction of a public street, embankm slope and incidents thereto as shown on Exhibit B, attached hereto and made a pal hereof; is approved. 4. That the Grant Deed of Easement for the construction and maintenance of an embankment slope for roadway support and incidents thereto a! shown on Exhibit C, attached hereto and made a part hereof; is approved. ~ w w 1 2 3 4 5 6 7 8 9 n SUA$! sg$ YZ iU0 0UAg $0.35 >2$ kt5 gone a;Sz ZWO~ 02” - ruqq 0 i=% E25 a02 u” 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I I, 5. That the Mayor is authorized to execute the Grant of Slope Easeml Grant of Temporary Construction Easement and Grant Deed of Easement, and the Clerk is hereby authorized to sign the appropriate Certifications for Acceptance of D and return them to the City Attorney’s office. PASSED, APPROVED AND ADOPTED at a regular meeting of the Cil Council of the City of Carlsbad held on the 5th day of October 1999 by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Finnila & Hall NOES: None ABSENT: Council Member (SEAL) 2 $1 RECORDING REQUESTED BY- I e EXHIBIT A I WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr CARLSBAD, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDERS USE DOCUMENT NO.: UKE002 NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 212-040-56 Project No. & PR 99-12 Name: LAUREL TREE APARTMENTS GRANT OF SLOPE EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for the construction and maintenance of an embankment slope for roadway support and incider thereto, upon, over and across that certain real property hereinafter described in Exhibit “A consisting of two (2) pages attached hereto and made a part hereof, and Exhibit “B” consisting of one (1) page is attached hereto for clarity only. Reserving unto the owners of the above-described parcel of land, their successors or assigns, the rights at ar time to remove such slopes or portions thereof upon removing the necessity for maintaining such slopes or portions thereof or upon providing in place thereof other adequate lateral support, the design and constructior of which shall be first approved by the City of Carlsbad, for the protection and support of said roadway. This document was executed this 22’ day of fl& , 1999. (JANMAC, INC.. Expropriation Consultants) (MAAC\SLOPE EASEMENT 01) 02/05/99 w P JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY i J ES S. UKEGAWA 1 g/ (NOTARY JURAT) STATE OF cAz/fi’,Pe,;’? COUNTY OF r+ @&!&9 1 )ss. 1 1 On SdZ I->, / /4;qq before me,~&ii~~~ ~~//~d/bY pd5&’2 personally appeared Z?&na-- s: VKEG/FW/$ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person@) whose name@) isle subscribed to the within instrument and acknowledged to me that helshkey executed the same in his/lmJMeir authorized capacity-. and that by his/Wr signature($ on the instrument the person@) or the entity upon behalf of which the personm acted, executed the * instrument. WITNESS my hand and official seal. Signature: &J4$i&dL I I DANIEL K. HWEHW zi -n# 1128651 1 a Cm. Exphes Mar 14.2001’ i mtaly Fubk - Caworrk s SanMegoCwnty (JANMAC. INC., Expropriation Consultants) (MMC\SLOPE EASEMENT 01) 02/05/99 w W EXRIBIT "A" LEGAL DESCRIPTION PR 99-11 SLOPE EASEMENT Being a portion of Lot "G of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, also being described as Parcel 3 of Certificate of Compliance recorded September 27,1983 as File No. 83-359769 of Official Records, being described as follows: COMMENCING at the Northwest corner of Parcel 1 of Parcel Map No. 15661, filed in the Office of the County Recorder of San Diego, May 5,1989; THENCE along the Northerly line of said Parcel 1, North 71 "35'51" East, 176.00 feet to the Easterly line of the slope easement described as Parcel 2 in document recorded August 22, 1997 as File No. 1997-0408228; THENCE along said Easterly easement line, North 18'50'00" West, 12.00 feet to the TRUE POINT OF BEGINNING, said point being on a Iine parallel with and 12.00 feet Northerly from said Northerly line of Parcel 1; THENCE continuing along said Easterly easement line, the following two (2) courses: North 18'50'00" West, 25.52 feet; THENCE South 88'46'00" West, 38.18 feet; THENCE leaving said Easterly easement line, North 74'32'28" East, 199.08 feet; THENCE North 65'08'23" East, 48.30 feet; THENCE North 46'39'17" East, 98.12 feet; THENCE North 13"35'23" East, 29.73 feet to the Northerly line of said Parcel 3; THENCE along said Northerly line, South 81"37'18" East, 13.04 feet to the beginning of a non-tangent 288.00 foot radius curve, concave to the Northwest, a radial to said point bears South 65'42'29" East; Page 1 of 2 w m EXHIBIT ' 'A" LEGAL DESCRIPTION PR 99- 11 SLOPE EASEMENT THENCE leaving said Northerly line, Southwesterly, along said curve, through a central angle of 47"18'20" an arc distance of 237.78 feet to said parallel line; THENCE tangent to said curve and along said parallel line, South 71 "35'51" West, 114.82 feet to the TRUE POINT OF BEGINNING. Containing: 0.176 Acres, more or less. L KC,, 3IOtfCIC7 L KC,, 3IOtfCIC7 Lonie K. Cyr P.L.S. 6929 Date Expiration: 9-30-2001 Page 2 of 2 SHEET 1 OF 1 SHEET(S) LEGEND INDICATES SLOPE EASEMENT (AREA: 0.176 ACRES) DICATES AVIARA PARKWAY FORMERLY COLLEGE BLVD.) DEDICATED PER P.M. 15661 - - \ 0 2 INDICATES PROPOSED AVIARA PARKWAY PER DOC. REC. 8/22/1997 AS FILE NO. 1997-0408228, 0-R. 0 3 INDICATES PARCEL 3 OF CERTIFICATE OF COMPLIANCE REC. g/27/1985 AS FILE NO. 85-359769, 0-R. 0 1 4 INDICATES 150’ S.D.G.& E. EASEMENT PER DOC. REC. 8/14/1957 IN BOOK 6706 PAGE 514, O.R. Ll Q INDICATES PROPOSED SLOPE EASEMENT PER DOC. REC. g/22/1997 AS FILE NO. 1997-0408228, 0-R. BASIS OF BEARINGS THE BASIS OF BEARINGS IS THE NORTH LINE OF PARCEL 1 PER PM15661,RECORD BEARING NORTH 71” 35’51” EAST LEGAL DESCRIPTION c4 N65”08 ’ 23”E c5 N46”39 ’ 17”E C6 N13’35’23”E A PORT ION OF PARCEL 3 PER COC 83-359769. DATA TABLE --------------------------- NO. BEAR I NG LENGTH --------------------_______ Cl N18”50’00”W c2 N18’50’00”W c3 saa”46’oo”w c7 s71”35’51”w 114.82’ Robert Bein Wi I I ian Frost & Assoc. PROFESSIONAL ENGINEERS, w&?m & %RvEYoRs 9755 Cloiremt ksa kule~d.Suite 100 ir San Diego.Co. 92124 (619) 614~MOO ;ii;gy-&T RD. VICINITY MAP N.T.S. . DEDICATION PLAT - CITY OF CARLSBAD PPL I CANT: PREPARED BY: k?Qx4?TC~ A.P.N.: 212-040-39 IAAC Project !2 W. 35th Street -30 b/94 XJI TE 200 ’ DkTE SLOPE-EASEMENT IATOINAL City, CA P.L.S.6929 EXHIBI T “B aa 6 19)426-3598 EXPIRATION: 09-30-2001 P.R. 99-11 DRAWING: 1205EDOl JN: 50 1205-3 PLOT: 02-04-98 w CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant of Temporary Construction Easement, dated June 22, 1999 from JAMES S. UKEGAWA, a married man as his sole and separate property, to the CITY OF CARLSBAD, a political corporation andlor governmental agency, is hereby accepted by the undersigned offict or agent on behalf of the City of Carlsbad, California, pursuant to authority conferred b Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997, and thc grantee consents to recordation thereof by its duly authorized officer. DATED: October 7, 1999 AE R:UT$wj r . :. I RECORDING REQUESTED BY- I rn EXHIBIT B ! WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. CARLSBAD, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER’S USE DOCUMENT NO.: UKE003 NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMENT CODE The undersigned grantor(@ declarets): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 212-040-56 Project No. 8 PR 99-12 Name: LAUREL TREE APARTMENTS GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS to the CITY OF CARLSBAD, a Municipal Corporation, an easement for temporary construction purposes associated with the construction of a public street, embankment slope and incidents thereto, upon, over and across that certain real property hereinafter descrit in Exhibit “A consisting of one (1) page attached hereto and made a part hereof, and Exhibit “B consisting c one (1) page is attached hereto for clarity only. It is understood and agreed that the Grantor(s) shall not be held liable for any damage to equipment or injury personnel of said Grantee, its agents or employees, in the performance of the work done within the temporar construction easement as described herein. This easement shall remain in force for a period of two (2) years from the date this document has been recorded in the Office of the County Recorder of San Diego County. Upon the expiration of said two (2) year period, the Grantee shall have no further rights or liability in connection with said temporary construction easement. (JANMAC, INC., Expropriation Consultants) (MAAC\ TEMP CONST EASEMENT 01) 02/05/99 w 9 This document was executed this 2# day of -*& , 1999. JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY #th%AMjA J ES S. UKEGAWA #th%AMjA J ES S. UKEGAWA (NOTARY JURAT) STATE OF cn44pd& A COUNTY OF -hP$/c? E 1 1 1%. 1 On .GMG h~ ,/?I)? before me, f%&x k- Hm d’qJw/gdLi personally appeared +&SI“ ,r- DKcFGAVH personally known to me (or proved> me on the basis of satisfactory evidence) to be the person@ whose name@) islwsubscribed to the within instrument and acknowledged to me that he/.sb&ky executed the same in hislherHheir authorized capacity(-), and that by hisM&heirsignaturem on the instrument the person&) or the entity upon behalf of which the person&) acted, executed the I instrument. WITNESS my hand and official seal. Signature: wh, Cam. B~ires Mar 14. rw)? (This area for official notarial seal) (JANMAC, INC., Expropriation Consultants) (MAACI TEMP CONST EASEMENT 01) 02/05/99 W # EXHIBIT "A" LEGAL DESCRIPTION PR 99-12 TEMPORARY CONSTRUCTION EASEMENT Being a portion of Lot "G' of RANCHO AGUA HEDIONDA, in the City of Carlsbad, County of San Diego, State of California, according to Map thereof No. 823, filed in the Office of the County Recorder of San Diego County, also being described as Parcel 3 of Certificate of Compliance recorded September 27,1983 as File No. 83-359769 of Official Records, being described as follows: COMMENCING at the Northwest comer of Parcel 1 of Parcel Map No. 15661, filed in the Office of the County Recorder of San Diego, May 5,1989; thence along the Northerly line of said Parcel 1, North 71"35'51" East, 176.00 feet to the Easterly line of the slope easement described as Parcel 2 in document recorded August 22, 1997 as File No. 1997-0408228; THENCE along said Easterly easement line, North 18"50'00" West, 37.52 feet; THENCE continuing along said Easterly easement line, South 88 "46'00" West, 38.18 feet to the TRUE POINT OF BEGINNING; THENCE continuing along said Easterly easement line, the following two courses: South 88 "46'00" West, 85.96 feet; THENCE North 03"34'00" West, 3.96 feet; THENCE leaving said Easterly easement line, North 74"32'28" East, 279.53 feet; THENCE North 65'08'23" East, 42.18 feet; THENCE North 46"39'17" East, 86.63 feet; THENCE North 13"35'23" East, 20.02 feet to the Northerly line of said Parcel 3; THENCE along said Northerly line, South 81"37'18" East, 25.10 feet; THENCE leaving said Northerly line, South 13'35'23" West, 29.73 feet; THENCE South 46"39'17" West, 98.12 feet; THENCE South 65'08'23" West, 48.30 feet; THENCE South 74"3228" West, 199.08 feet to the TRUE POINT. OF BEGINNING. Containing: 0.235 Acres, more or less. L M. c., 310 kl'i'i 1 Lonie K. Cyr, P.L.S. 6929 Date Expiration: 9-30-2001 Page 1 of 1 K:\501205-3\WPWIN\5-3LGLli.WPD w W LEGEND SHEET 1 OF 1 SHEET EZCJ (AREA: 0. Q (FORMERLY COLLEGE BLw. ) 0 o 0 0 INDICATES TEMPORARY 0" $z' CONSTRUCT INDICATES AVIARA PARKWAY DEDICATED PER P.M. 15661 INDICATES PROPOSED AVIARA a PARKWAY PER DOC. REC. 8/22/1997 AS FILE NO. 1997-0408228, O.R. INDICATES PARCEL 3 OF CERTIFICATE @ OF COMPLIANCE REC. 9/27/1985 AS FILE NO. 85-359769, O.R. INDICATES 150' S.D.G.& E. @ EASEMENT PER DOC. REC. 8/14/1957 IN BOOK 6706 PAGE 514, O.R. INDICATES PROPOSED SLOPE a EASEMENT PER DOC. REC. 8/22/1997 AS FILE NO. 1997-0408228, O.R. BASIS OF BEARINGS THE BASIS OF BEARINGS IS THE NORTH LINE OF PARCEL 1 PER PM15661,RECORD BEARING NORTH 71 a 35'51" EAST LEGAL DESCRIPTION - A PORTION OF PARCEL 3 COC 83-359769. DATA TABLE ~""~"""~"~"~_ NO. BEARING C1 N18"50'00"W 37.52' C2 S88"46'00"W C3 S88' 46 ' 00"W C4 N03"34'00"W C5 N65' 08 ' 23 "E C6 N46 o 39 ' 17"E C7 N 13" 35 ' 23"E C8 S13'35'23"W C9 S46"39 ' 17"W 98.12' C10 S65'08'23"W 48.30' Exp . 9/30/2001 """"""""""~""" 'X@ Robert Bein WiI I ion Frost k Assoc. PROFESSIONAL ENGIKERS, FlANMRs k mMYm 9755 Clairmt Yeso blevcrd.Suite 100 Son Diega,Co. 92124 (619) 614-5000 VICINITY MAP * N.T.S. DEDICATION PLAT - CITY OF CARLSBAD APPL I CANT: PI R 99- 12 EXPIRAT 1 ON 9/30/200 1 (6 19) 426-3598 €XH.IBI T "B ad P.L.S. 6929 National City, CA EA~K-T LONIE K . CYR ' ' ID& Su i te 200 coNs7ipL/y=Tim ZWORRARY L IC- L3/ b w 22 W. 35th Street MCCA Project A. P. N. : 2 12-040-39 PROJECT: PREPARED BY DRAWING: 1205ED02 JN: 50 1 205-3 PLOT 07-07-49 w WP CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant of Slope Easement, dated June 22,1999 from JAMES S. UKEGAWA, a married man as his sol and separate property, to the CITY OF CARLSBAD, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behal of the City of Carlsbad, California, pursuant to authority conferred by Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: October 7, 1999 A &-R. 4bL, ALETHA L. RAUTENKRANZ, City Clerk I RECORDING REQUESTED BY- 1 7 ~- EXHIBIT C . WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. CARLSBAD, CA 92008 MAIL TAX STATEMENTS TO: EXEMPT SPACE ABOVE THIS LINE FOR RECORDER’S USE DOCUMENT NO.: UKEOOl NO RECORDING FEE REQUIRED: THIS DOCUMENT EXEMPT FROM FEE PURSUANT TO SECTION 27383 OF CALIFORNIA GOVERNMERT CODE The undersigned grantor(s) declare(s): Documentary transfer tax is $m ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( x ) City of Carlsbad, and Assessor‘s Parcel No.: APN 212-040-56 Project No. 8 PR 99-1 1 Name: LAUREL TREE APARTMENTS GRANT DEED OF EASEMENT FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY hereby GRANTS to the City of Carlsbad, a Municipal Corporation, an easement for public street and public utility purposes over, under, upon and across the following described real property which is situated in the City of Carisbad, County of San Dieglq State of California, as described in Exhibit “A consisting of two (2) pages, attached hereto artd made a part hereof, and as shown on Exhibit “B” consisting of one (1) page is attached for clarity only. The Grantor understands that the present intention of the Grantee is to construct and maintain a public highway on the easement hereby conveyed and the Grantor, for the Grantor‘s successors anc assigns, hereby waives any claim for any and all damages to grantor‘s remaining property contiguou to the property hereby conveyed by reason of the location, construction, landscaping or maintenance of said highway. (As used above, the term “Grantor” shall include the plural as well as the singular number.) (MAAC\GRANT DEED OF EASEMENT) 02/05/99 (JANMAC, INC., Expropriation Consultants) e w This document was executed this 2 'L * day of m?f JAMES S. UKEGAWA, A MARRIED MAN AS HIS SOLE AND SEPARATE PROPElRTY Y 19 (NOTARY JURAT) STATE OF % }ss. - [ G+?/n//lsf 1 COUNTY OF .IN O/kF-fl 1 1 On %we b.~ 1/95? before me. (the notary) &/e2 /(. &qh~-m/,& )r~&&d'q& personally appeared (insert here the names of the parties who personally appeared) ThEI d-. Dkgwfl personslly known to me (or pz to me On the basis Of satisfactory evidence) to be the person(& whose name(6) isle subscribed to the within instrument and acknowledged to me tb he/* executed the same in hish&hir authorized capacity(jo6). and that by his/hedtia& signature(s) on the instrumen,: the person(s) 01 the e upon behalf af which the person@) acted, executed the instmment. I WITNESS my hand and official seal. Signature: /v 1 " 4 t T Nctary WUMtc - Cdlfcmia 5 4 Cmn. Expm Mor 14 2031 g DANIEL K. HENEHAFi Commfssiondl 1128431 t ,dn Giqo County (This area for official notaiial sea,) (MAACIGRANT DEED OF EASEMENT) 02/05/99 (JANMAC, INC., Expropriation Consultants) I w CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the Grant Deed of Easement, dated June 22,1999 from JAMES S. UKEGAWA, a married man as his sol1 and separate property, to the CITY OF CARLSBAD, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on beha of the City of Carlsbad, California, pursuant to authority conferred by Ordinance No. NS-422 of the City of Carlsbad adopted on September 9, 1997, and the grantee consents to recordation thereof by its duly authorized officer. DATED: October 7, 1999 - 4 .c ad,, ALETHA L. RAUTENKRANZ, City - Clerk