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Home My WebLink About1974-05-07; City Council; 3087; Drainage easement on lot 272THE .CITY OF CARLSBAD, CALIFORNIA ' Agenda Bill No. Q^O^ / ' Date May 7, 1974«_ Referred To: Subject: Submitted By: Drainage easement on Lot 272, CT 72-20 Unit No. 2 Public Works (condominium located north side of La Costa Ave. Administrato^T^) and west of Cadencia St. extension) La Costa Land Co. (J\__ U/^ _ ^ <3 Statement of the Matter As a part of dedication for parks, Lot 272 of CT 72-20 Unit No. 2 was granted to the City in fee title which was recorded October 26, 1973 as File No. 73300964. A revision of the proposed storm drain will require the City to grant an easement for drainage purposes to the San Diego County Flood Control District. The Mayor and City Clerk are required to execute a drainage easement on behalf of the City. NOTE: Planning Department and Parks & Recreation Department concur with the above. Exhibit A. Drainage easement document. •B. Plat map for drainage easement. C. Resolution No. Staff Recommendations to City Manager Adopt a motion authorizing the Mayor and City Clerk to execute the attached Easement.^document. A3 Wo,Date: May 7, 1974 City Manager ' s Kecotnmenda tion Concur. Council Action AEEROVED. 1 2 3 4 5 6 7 8 9 10 11 12 13 14< w wJ 8 15 0= < m °" "- 3 5 16Q O | g -1-0 55^3 17 IU CJ "j 5 ^ <o c - 32 O to >- O 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 3418 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, GRANTING A DRAINAGE EASEMENT TO THE SAN DIEGO COUNTY FLOOD CONTROL DISTRICT AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID EASEMENT. . • WHEREAS, the Public Works Administrator has recommended the granting of an easement for drainage purposes on Lot 272 located on the north side of La Costa Avenue and west of Cadencia Street extension to the San Diego County Flood Control District; and WHEREAS, the Council finds there is good cause for granting such easement, a copy of which is attached hereto and incorporated herein by reference; 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 Council approves the granting of an easement for drainage purposes on Lot 272 located on the north side of La Costa Avenue and west of Cadencia Street extension to the San Diego County Flood Control District. 3. That the Mayor and City Clerk are hereby authorized to execute the original copy of said easement. f PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 7th day of May / 1974, by the following vote, to wit: •i AYES: Councilman Frazee, Chase, McComas and Lewis NOES: None ABSENT:None ROBERT C. FRAZBS, Mayor ATTEST: '/A. MARGARET E. "ADAMS ^ Ci'ty Clerk By: MORA K. GARDINER, Deputy City Clerk (SEAL) INSTRUMENT TO Clerk,(.Board of Directors ~ San Diego County Flood Control District 1600 Pacific Highway San Diego, California 92101 SPACE ABOVE FOR RECORDER'S USE ONLY Pr°J'ect Tlt]e HaP 777?, Lot 22 Nn 74-0478 A W. 0. Ho. ZA 9009-FE-6 Assessor's Parcel No. 223-050-14 84-2 For and in consideration of. ............. . ............... P.OS. ............................. Dollar .......... (S...l«Q.O. .......... . ................ ) and other good and valuable considerations, the receipt whereof is hereby acknowledged, the undersigned, hereinafter designated Grantor does hereby grant, bargain, sell, convey and release unto the San Diego County Flood Control District, Zone ............... .1 .............. herein designated Grantee, its successors and assigns a perpetual easement and right of way upon, through, under, over, across, and along the herein described real property for the installation, construction, maintenance, repair, replacement, reconstruction and in- spection of a drainage channel and all structures incidental thereto, and for the flowage of any waters in, upon, through, under, over, across and along said channel, together with the right to ingress and egress upon, through, under, over, across and along the herein described real property. Grantee shall have a perpetual right to remove buildings, structures, trees, bushes undergrowth, and any other obstruction inter- fering with the use of said easement and right of way by the Grantee, its successors or assigns and in addition thereto, to remove soil and other materials within said right of way and to use the same in such manner and at such locations as said Grantee may deem proper, needful or necessary in the construction, reconstruction and maintenance of said drainage channel or structures incidental thereto. To have and to hold said ease- ment and right of way unto itself and unto its successors and assigns forever together with the right to convey said easement, or any portion of said easement, to other public agencies. The real property referred to hereinabove and made subject to said easement and right of way by this grant is situated in the County of San Diego, State of California, and is particularly described as follows: Parcel 7^-0^78 A (4-8-74) ( ) y That portion of Lot 272 of Carlsbad Tract No. CT 72-20,'' fn the C?ty of Carlsbad, County of San Diego, State of California, according to Map thereof No. 7779, filed in the Office of the Recorder of said County, as described in deed to said City of Carlsbad, recorded October 26, 1973 in the Office of the Recorder of said County, as File/Page No. 73-3009&5, described as follows: Commencing at the point of intersection of tha Easterly boundary of said Lot 272 and the Northerly boundary of Velero Court, as shown on said Map Mo. 7779, said point also being a point on the arc of a 31Q.OOfoot radius curve cortcavs Southwssterly, a radial to said point bears North 22°50'46" East; thence Westerly along the arc of said curve, through a central angle of 09009'06", a distance of 49.52 feet to a point, on tha arc of said curve, a H.P.D. FORM 7 Parcel 7^-0^78 A (^-8-7*0 (Cont'd) radial to said point bears North 13°M'^0" East, safd point also being the TRUE POINT OF BEGINNING: thance leaving the arc of said curve, North 20°50'00" West a distance of 1**5.3k feat; thance North 09°1Q'OQ" East a distance of 60.^3 feet to ths beginning of a tangent 185.00 foot radius curve concave Westerly; thence along the arc of said curve, through a central angle of 30°00'00", a distance of 96.87 feet;thence radial to said curve, South 69010'00"West a distance of 30.00 feet to a point on the arc of 155.00 foot radius curve concave Westerly, that is concentric with safd 185.00 foot radius curve; thance Southerly along the arc of said 155.00 foot radius curve, through a central angle of 30000'00", a distance of 81.16 feet; thence tangent to said curva, South 09°10'00" Wast a distance of 48.^7 feet to a point on the Southwesterly boundary of said Lot 272; thence South 20°50'00" East, along said Southwesterly boundary, a distance of 145.53 feet to a point on said Northerly boundary of Velero Court, said pofnt also being a point on the arc of a 50.00 foot radius curve concave Northeasterly a radial to said point bears South 50°22'12"West; thence Southeasterly along the arc of said curve, through a central angle of 36°52'12", a distance of 32.18 feat to the beginning of a 310.00 foot radius reverse curvature; thence along the arc of said reverse curvature, through a central angle of OO'll'JtO", a distance of 1.05 feet to the TRUE POINT OF BEGINNING. The Grantee shall have the right to fence all or any portion of said easement herein conveyed within which there is installed or constructed a drainage channel or incidental structure. The Grantee, its successors and assigns, shall be responsible for operating, maintaining, and keeping in good repair the above described works of improvement, but will not be held responsible for any damages incurred within the confines of said easement, except as caused by the act or omission of the Grantee. The Grantor, his successors and assigns, reserves the right to enclose in a manner approved by the Grantee, its successors and assigns, any portion of a drainage channel provided such enclosure is constructed or in- stalled by a licensed contractor in accordance with plans and specifications approved by and to the satisfac- tion of the Grantee, its successors and assigns. In granting its approval the Grantee, its successors and assigns may impose reasonable conditions including, but not limited to, the' filing by the contractor or Grantor of an adequate performance bond to guarantee completion of the work. There is reserved to the Grantor, his heirs and assigns, the right and privilege to use the above described land of the Grantor at any time, in any manner and for any purpose not inconsistent with the full use and enjoyment by the Grantee, its successors and assigns, of the rights and privileges herein granted. ueuiI id_JC.<I-O IN WITNESS WHEREOF, the Grantor has executed this instrument on this..8.tJL...day of.....May. , 19..7.4. TO 449 C (Corporation) STATE OF CALIFORNIA COUNTY OF i SS. It.On State, personally appeared known to me 'to be the fi\ i X* T-*~/ /^ / A^^known to me to be fc__!___£—fc——_j^i _. before me, the undersigned, a Notary Public in and for said , and Sooiotai'y of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, anil acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal.hand am ' /- • Signature J/^ Al OFFICE- IN SAN DIEGO COMFY OFFICIAL SEAL Virginia M. Smith NOIM1 Name (Typsd or Printed) (This area for official notari?.! seal) public in and for d to the within n Diego County cepted on behalf i of said Board thorized officer. Date By. R. J. Pflimlin, Director, Real Property Division