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Home My WebLink About2002-06-18; City Council; Resolution 2002-178 (2)RESOLUTION NO. 2002-178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING A STORM DRAIN EASEMENT TO THE CITY OF ENClNlTAS AND FOR THE BENEFIT OF THE CITIES OF ENClNlTAS AND CARLSBAD WHEREAS, the City of Encinitas has formally requested that the City of Carlsbad grant the City of Encinitas a Storm Drain easement that would allow the City of Encinitas to install a storm drain system through a parcel of land owned by the City of Carlsbad; and WHEREAS, the storm drain system the City of Encinitas is installing, operating and maintaining at its own risk and expense, will benefit both the Cities of Encinitas and Carlsbad by collecting runoff along Highway 101 and Carlsbad Boulevard, and preventing flooding on Carlsbad Boulevard due to overflow from the detention basins at Carlsbad State Beach during larger storm events and; WHEREAS, the City Council of the City of Carlsbad, California has determined it necessary and in the public interest to grant a Storm Drain easement to the City of Encinitas for installation of storm drain improvements along Carlsbad Boulevard near Carlsbad’s southern City boundary. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the attached Storm Drain easement is hereby granted to the City of Encinitas for the purpose described therein. 3. That the City Clerk of the City of Carlsbad is authorized to sign the attached Storm Drain easement on behalf of the City Council. 1 a PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of JUNE , 2002 by the following vote, to wit: NOES: None ABSENT: None ATTEST: 40kRAYE M. WOOD, City Clerk (SEAL) Page 2 of 2 of Resolution No. 2002-178 2 3 RECORDING REQUESTED BY WHEN RECORDED MAIL TO City Clerk CITY OF CARLSBAD 1200 Carlrbad Village Drive Carlsbad. CA 92008 Space Above This Line is for Recorder’s Use Assessor‘s Parcel No: 216-04 STORM DRAIN EASEMENT The City of Carlsbad hereby grants to the City of Encinitas a Storm Drain easement for ?he purposes stated hereon; over, under, across and upon the real property described in Exhibit “A for the benefit of the property referred to in Exhibit “C”. This easement is granted to the City of Encinitas effective immediately and in perpetuity. The property burdened by the Storm Drain easement is described in Exhibit “A, which includes a plat labeled Exhibit “B, and is attached hereto and incorporated herein by this,reference. .. . The property benefited by the Storm Drain easement is described in Exhibit “C”, which is attached hereto and incorporated herein by this reference. The Storm Drain easement provides access to the parcel described in Exhibit “A to the City of Encinitas for installation of a storm drain which will serve the Cities of Carlsbad and Encinitas. The storm drain will run over, under, across and upon the burdened property for the benefit of the property benefited and any successors in interest to the property benefited by this Storm Drain easement. The storm drain will drain areas west of Highway 101 from Athena Street to Carlsbad State Beach, a North County Transit District right of way in Northern Encinitas, Highway 101ICarlsbad Boulevard from Athena Street to Carlsbad State Beach, Vulcan Avenue from Orpheus Avenue to Basil Street, and areas east of Vulcan Avenue. This Storm Drain easement shall run with the land, and the burdens of the easement shall be binding upon and the benefits of the easement shall inure to the benefit of all successors in interest to the real property. The City of Encinitas shall, at its own risk and expense, install, maintain and, if necessary at any time, upon the request of the City of Carlsbad, relocate the above-described storm drain facilities. The City of Encinitas shall, in addition, indemnify and hold the City of Carlsbad free and harmless from any and all claims, demands, losses, damages, or expenses resulting from the construction, maintenance, use, repair or removal of the storm drain facilities, including any loss, damage, or expense arising out of (1) loss or damages to property and (2) injury to or death of any person. Dated: June 24, 2002 ant City Clerk APPROVED AS TO FORM: RONALD R. BALL City mey 5 May-ZE-02 0T:ZEarn From- EXBIBIT ”A” LEGAL DESCRIPTION ASSESSOR’S PARCEL NUMBER: 216-04 VESTING: THE CITY OF CARLSBAE THAT PORTION OF SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEWARDIN0 MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, SAID PORTION LYING WITHIN THE RIGHT-OF-WAY OF CARLSBAD BOULEVARD (OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY PLANS XI-SD-2-B SHEET CENTER LINE OF COAST HIGHWAY 101, SAID POINT BEING A POINT ON A 8 OF 29 APPROVED DECEMBER 26, 1933, COMMENCING AT A POINT ON THE CURVE OF THE “B” LINE AT ENGINEERING STATION 132+00 PER SAID STATE HIGHWAY PLANS, FROM SAID POINT A RADIAL LINE BEARS SOUTH 66609’39” WEST (SOUTH 650 29/47’’ REC.); THENCE ALONG SAID RADIAL LINE 50.00 FEET TO AN ANGLE POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF COAST HIGHWAY 101 PER SAID BIGHWAY PLANS; THENCE ALONG SAID RIGHT-OF-WAY NDRTH 34041’56’‘ WEST 679.28 FEET (NORTH 35021’48‘‘ WEST 679.28 FEET WEST REC. ) BEING THE INTERSECTION OF THE SOUTHERLY CITY LIMITS OF REC.); THENCE NORTH 43O 04‘58” WEST 30.47 FEET (NORTH 43044’50’’ THE CITY OF CARLSBIIl) AND THE WESTERLY RIGHT-OF-WAY OF CaRLSBAD BOULEVARD BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF WAY NORTH 430 04‘58” WEST (NORTH 43” 44‘50“ WEST REC.) 64.30 FEET THENCE LEAVING SAID ,RIGHT-OF-WAY NORTH 42043’ 08” EAST 13.66 FEET; THENCE SOUTH 47-16’ 52” EAST 66.05 FEET TO A POINT ON THE SOUTHERtY CITY LIMITS OF THE CITY OF CARLSBAD; THENCE SOUTH 480 41‘50” WEST 18.47 FEET ?LONG SAID CITY LIMITS TO A BEGINNING. POINT ON SAID WESTERLY RIGHT-OF-WAY AND THE TRUE POINT OF HAVING AN AREA OF 1,045 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT “B“. THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME ‘OR UNDER MY DIRECTION. .ooL=.,1 31V3S May-28-02 07:ZQam From- EXBIBIT “A” LEGAL DESCRIPTION ASSESSOR’S PARCEL NUMBER: 216-04 VESTING: THE CITY OF CARLSBAD THAT PORTION OF LOT 20, SECTION 33, TOWNSHIP 12 SOUTH, RANGE 4 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOXOWS: A STRIP OF LAND 20.00 FEET IN WIDTH LYING WITHIN THE RIGHT-OF-WAY OF CARLSBAD BOULEcrARD (OLD HIGHWAY 101) AS SHOWN ON STATE HIGHWAY COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF SAID 20.00 PLANS FOR XI-SD-2-B SHEET 8 OF 29 APPROVED DECEMBER 26, 1933, FOOT STRIP OF LAND AND THE CENTERLINE OF CARLSBAD BOULEVARD PER SAID STATE HIGHWAY PLAN, SAID POINT OF INTERSECTION BEING A POINT ON A CURVE OF SAID CENTERLINE OF cARLS3AD BOULFXARD AT EGINEERING STATION 147+84.39 TO WHICH POINT A RADIAL LINE BEARS SOUTH 53027’01” WEST (5P47’09” CUC. REC.); THENCE ALONG THE CENTERLINE OF SAID 20.00 FOOT STRIP OF LAND SOUTH 35027’30’’ WEST 60.29 FEET TO THE TRUE POINT OF BEGINNING: THENCE RETRACING ALONG LAST DESCRIBED COURSE NORTH 350271 30” EAST 118 -88 FEET TO A POINT OF TERMINUS. RAVING AN AREA OF 2,378 SQUARE FEET MORE OR LESS. ATTACHED HERETO AND MADE A PART OF THIS LEGAL DESCRIPTION IS A PLAT LABELED EXHIBIT “B” . THIS LEGAL DESCRIPTION AND PLAT WERE PREPARED BY ME OR UNDER MY DIRECTION. SCALE T 1 "= 30' \ \ \ , ,,X0Q'\ \ CITY OF ENCINITAS EASEMENT PLAT DIMENSIONS SHOWN HEREON ARE DERIVED FROM RECORD DATA 4167 AVENIDA DE LA PLATA. SUITE 114. Land Surveying OCEANSIDE. CA. 92056 (760) 732-1366 ACAD FNAME: SD-ESMT.DWG Right-of-way Engineering Services, Inc. A.P.N.: 21 6-04 VESTING CITY OF CARLSBAD DRAWN: MJG DATE: 6/6/02 SHEET: 1 OF 1 EXHIBIT “C” The benefited property for the storm drain project is the City of Encinitas, a municipal corporation, and the City of Carlsbad, a municipal corporation.