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Home My WebLink About2000-10-03; City Council; Resolution 2000-307II _. ‘;, 1 - RESOLUTION NO. 2000-307 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE ACQUISITION OF EASEMENT FROM RANCH0 CARLSBAD OWNERS’ ASSOCIATION FOR THE SOUTH AGUA HEDIONDA INTERCEPTOR SEWER REACH SAHTlE, CITY PROJECT NOS. 35821,35831,38281, CMWD PROJECT NO. 92-406. 6 WHEREAS, the City of Carlsbad has designed Reach SAHTIE of the South 7 Agua Hedionda Interceptor Sewer; and 6 WHEREAS, the sewer pipeline for Reach SAHTl E is located in private property owned by 9 Ranch0 Carlsbad Owners’ Association; and, therefore, a permanent easement and temporary 10 construction easement are required to construct, operate and maintain the sewer pipeline; and 11 WHEREAS, the City has prepared the required grant deed, legal description and plat for 12 the easements and offered Ranch0 Carlsbad Owners’ Association the total sum of $10,715 for the 13 permanent and temporary construction easements, and Ranch0 Carlsbad Owners’ Association 14 has agreed to the City’s offered amount for acquisition of the easements; and 15 WHEREAS, there are sufficient funds available to obtain the easement. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 17 California, as follows: 16 1. That the above recitations are true and correct. 19 2. That the attached grant deed be approved and accepted and the City Clerk is 2o directed to attach her certificate of acceptance and cause the deed to be recorded in the office of 21 the County Recorder. 22 Ill 23 Ill 24 Ill 25 Ill 26 /II 27 Ill 28 III I// II 5 1 2 3 5 6 7 6 16 16 23 24 26 27 26 3. That payment in the total amount of $10,715 be authorized and paid to Ranch0 Carlsbad Owners’ Association from the project account prior to recordation of the easements with the County Recorder’s Office. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 3rd dayof October 1 2000 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard and Kulchin CLAUDE A. L~l&‘Tv&syOrV VI/ - - ” ” ATTEST: LO&F6Al@ M. WOOD, City Clerk ww 6 I I . , 4104 DOE # 2001-0176777 l RECORDING REQUESTED BY I \ Mar 2% 2001 9:46 GM AND WHEN RECORDED, PLEASE MAIL TO: City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carisbad, California 92008 oFFICI# REaRDS SM DIE@ WUNPT REWRDER’S MICE MAIL TAX STATEMENTS TO: EXEMPT Please record this document at no fee * 7P as it is to the benefit of the City (Gov. Code [6103)). rnk EI)= Space above this line for Recorder’s use. The undersigned grantor(s) declare(s): Assessor’s Parcel No.: APN 168-050-34 Documentary transfer tax is $ 0 00 Project No. & Name: CMWD 92409 fjEACH Tl E ( ) computed on full value of GQ conveyed, or RANCH0 CARLSBAD OWNERS ASSOCIATION ( ) computed on full value less value of liens and 18” SEWER TRUNK encumbrances remaining at time of sale. ( ) Unincorporated area: (x) City of Carisbad , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. CITY OF CARLSBAD GRANT DEED OF WASTEWATER PIPELINE EASEMENT RANCH0 CARLSBAD OWNERS’ ASSOClATlON does hereby grant to City of Carlsbad, a Municipal Corporation, its successors and assigns, an easement. Purpose: The easement granted herein shall be granted for the following purposes: the construction, operation, repair, reconstruction and all activities necessary to construct, reconstruct, operate, maintain and repair facilities designed for the general purpose of collecting, storing, transporting, pumping and treating all wastewater, including surface water, stream water, flood water and ground water flowing into said facilities, and all natural and artificial drainage ditches and structures of any kind, whether above or below the surface of the ground. Said facility may include pipelines, pumping facilities, structures designed to control the flow of wastewater and all facilities and structures associated with said use which are designed to facilitate the use and protect the facility from natural and other forms of damage including, but not limited to, erosion control facilities, fences, gates, doors, locking devices, alarms, lights, and all other protective facilities and devices. The use shall also Eng\WonN~tem~ofm\Fonna\Grant Deed of Wastewater Pipeline Easement 08/17/M Rev 1 . . . ’ . 4105 include a means of access to and from said facility for the purpose of constructing, operating, repairing, maintaining, inspecting and reconstructing said facility. The uses described herein shall be exclusive to the Grantee. Grantor herein agrees that no buildings and/or structures will be erected, walls constructed, fences built nor trees planted, nor may the easement be used by the Grantor or any other person or entity, including other utilities, whether public or private, for uses whether compatible or incompatible with the uses described herein without the express written approval of the Grantee. LOCATION OF EASEMENT: The easement granted herein shall be located within and upon the properties more particularly described in Exhibit “A” and Exhibit “B” attached hereto and by this reference made a part hereof. Executed by the Grantor this 5 day of fiH/7y 20 a/ , GRANTOR: RANCH0 CAIUSBAB OWNERS’ ASSOCIATION (name of grantor) -Q wk-%AQE-wT (title of signatory) (titlqf signatory) (Notarial acknowledgment of execution of PROPERTY OWNER must be attached.) (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) (If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument.) Eng\WordMasterstFotmAGrant Dead of Wastevmter Pipeline Easement OW17iQB Rev CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na 5930‘; State of. /y /A 4106 County of . UQV rO/dVfl On /-C-g/ before me, c /t/d! \ d/// A&f /%72-w P4vdfv/c, DATE ’ NAME. TITLE OF OfI=lCER . E.G.. ‘JANE WE. N6TNlY PUOLC personally appeared ’ /??f$ma!f~~ p- /!kfR f/v . . . ’ @! personally known to me - OR - 0 e -e to be the p’erson@.) whose name+) is&e subscribed to the within-instrument and ac- knowledged to me that ke/sheMay executed the same in bis/her/t+Ar authorized capacity(Fes-), and that by M/her/ttteir signature&j on the instrument the person@), or the entity upon behalf bf which the person(s) acted, executed the instrument. WITNESS my hand and official seal. ~,>E~x.~ 2 0 ;qg tg A L -“.v-“““’ ---..---. Though the data below is not required by law. il may prove valuable lo persons relying on Ihe document kid could prcvcnt fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT a INDIVIDUAL 0 CORPORATE OFFICER &rzh~ $W# #F b+Jn?@ ~4?7--~ !m cr mmf - & HflrQ .A-&!,-&- e&h4 f/vj- TITLE OR TYPE OF 00CU~~ENT Tlll.ElS) 0 PARTNER(S) 0 LIMITED . cl GENERAL 0 ATTORNEY-IN-FACT 0 TRUSTEE(S) c] GUARDIANlCONSERVATOfl 0 OTHER: -a d?Ym NUMBER OF PAGES . -- ---.- .-_-_--._ OATE OF OOCUMEb!T SIGNER IS REPRESENTING: NAME Of PERSON(S) OfI ENlIn(lESI 2/$/w/ra Pdar Am &w _-.- odvdd/cILj (&IJ?.?.pti--.- _ ~=~Qkw a* &s? _.___-.._ SIGNER(S) OTHER THAN NAME0 AIXOVE 81993 NATIONAL IlOTAfW ~.JJ r’-OCIATIOIJ. 1236 Rv~nnrc.~ /+~a.. P.O. Our 7134. f:z,.-!;, Pi:,k c,, ‘r;:un i:!:., I CALIFORNlA ALL=PURPOSE ACKNOWLEDGMENT NO. 5Fo: State of P&J Fd /2N, 2 County of “. Cl/v &E d/3 On /- r- d/ DATE . before me, Cf’ti~ k: //k14~ fv@?m 4fhfl/cz I NM. TITLE Of OfFlCER . E.G.. ‘JANE WE.klTAHY PUOLC’ personally appeared . pura// A. Hbhv . @ personally known to me - OR - 0 S nce to be the person(s) whose name(s) is/auz subscribed to the within4nstrument and ac- knowledged to me that he&&e&ey executed the same in his/h&Hveir authorized capacity-), and that by his/J+&44+eir signature(4 on the instrument the person&), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Though the data below is not required by law. it may prove valuable lo persons relying on Ihe document and could prcvcn~ fraudulent reatlachmenl of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Cl INDIVIDUAL 0 CORPORATE OFFICER sicrf I??+ APF A/H-& JfdA-ML’N r TITLE OR TYPE OF OOCUMENT 0 PARTNER(S) 0 LIMITED . u GENERAL 0 Al7ORNEY-IN-FACT 0 TRUSTEE(S) 0 GUARDIAN/fXNSERVATOR 0 OTHER: -2: f ~~~~J’+.&h!&d!!&%jj NUMf3ER OF PAGES . - /- 5-- 01 -- ._--_-._ DATE OF DOCUMENT SIGNER IS REPRESENTING: #j/p/p?b?y- K&--v4y - f+~f/~@J~~ NFME oc pEAsoN(sJ OR ENTrrrlIESl A?&v&f h%/c l3&L~/.- A!!- h/aA .-.._- _-.____-.__ SIGNER(S) OTHER THAN NAME0 ABOVE OMAYt7J f%5-/XlB;7~ -.- L , till993 NATI0NP.L I4OTAI-W hSSOClATlOIJ . @!$i I~WI,WI Jwo., P.O. hx 7 ,:,.I . r:,:,.e!;, ~+,b., C;, b;~;~o ; :!;., .- ---_ 1529 Public Sewer Easement 4108 T-23-99 1 of 1 EXHIBIT “A” (Ranch0 Carlsbad Drive) An easement for public sewer mains, appurtenances and utility purposes over, under, along and across a portion of City of Carlsbad Minor Subdivision No, 96-08, in the City of Carlsbad, County of San Diego, State of California. according to Parcel Map thereof No. 17985, filed in the Office of the County Recorder of said County on February 4, 1998 described as follows: Commencing at the most Southerly comer of Parcel 2 as shown on said Parcel Map No. 17985; thence along the Northeasterly sideline of El Camino Real as shown on said Parcel Map North 63°39’04” West (Parcel Map No. 17985 = North 63”31’07” West) 6.14 feet to the True Point of Beginning; thence continuing along said sideline North 63O39’04” West (Parcel Map No. 17985 = North 63’31’07” West) 25.06 feet; thence leaving said sideline North 30°27’OO” East, 575.46 feet; thence North 89°32’00’East, ,30.26 feet to the Southeasterty line of said Parcel 2, said point bears North 29”50’37” East (Parcel Map No. 17985 = North 29’58’33” East) 588.17 feet from the most Southerly comer of said Parcel 2; thence along said Southeasterly line South 29O50’37” West (Parcel Map No. 17985 = South 29’58’33” West) 28.96 feet; thence leaving said Southeasterly line South 89’32’00” West, 0.24 feet; thence South 30°27’OO” West, 559.50 feet to the True Point of Beginning. . Said easement contains 14,551 square feet. That portion of Parcel 2 of said Parcel Map No. 17985 lying ,Southeasterly of the above described Parcel 1. This legal description and plat attached hereto an prepared by me or under my direction. 7zizi , jz2bJLA L.S.4539 Francis‘W?%oa%ck L. S. 4539 License expires’sept. 30, 2002 :d made a part of this document were I) . . .* . .I / b . . PLAT TO ILLUSTRATE SEWER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT 0 100 200 300 400 MANITOU ENGtNEERlNG COMPANY Fl.ANNINC . CONSULTING ENGINCERIHC - SURVEIING d0mfmur. 1m1’.-,p.*m,mrmn ,rq nt-111 I GRAPHIC SCALE :WR01\MTh\l529\1529,P01A a/25/99 CERTIFICATION FOR ACCEPTANCE OF DEED Assistant City Clerk