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HomeMy WebLinkAbout1975-05-20; City Council; 3368; Vista Carlsbad outfall sewer easements, A. ... -... .- . CITY OF CARLSBAD v AGENDA BILL NO. +33 &tf _ __ initial: DATE; May 20, 1975 . _ _ Dept.Hd. C. Atty. DEPARTMENT; Public Works Administrator _ „ M- •• - c . wgr . _ Subject: VISTA-CARLSBAD OUTFALL SEWER EASEMENTS Statement of the Matter The Vista Sanitation District, in its capacity as lead agency for the project to provide for construction of the Vista-Carlsbad outfall had not completed the act of recordation of easements required for the construction of the trunk line. The present staff, in reviewing the files, discovered the omission and proceeded to finalize the necessary easements. Agreement has been reached; the Vista Sanitation District has approved the action and has requested that the City Council also approve the action. The documents consisting of an easement for sewer lines and appurtenances and a subordination of interest have been reviewed by the City Attorney and are recommended by staff for Council approval. Exhibits 1. letter from Vista Sanitation District and attachments 2. Subordination of interest and easement. Recommendation It is the recommendation of staff that the City Council accept the attached easement and subordination of .interest as presented by the- Vista Sanitation District. . City Council 5-20-75 It was moved to accept the easement and Subordination of interest as presented by the Vista .Sani tation District. VISTA SANITATION DISTRICT _ PHONE 726-13*0 P. O. BOX 188 • ZOO W. BROADWAY • VISTA. CALIFORNIA 9ZOB3 May 9, 1975 •Vincent Biondo, Jr., Esq., City Attorney, 1200 Elm Street, Carlsbad, California 92008. Re: Vista Sanitation District and City of Carlsbad vs. Earl N. Frazee, No. 274034 - Parcel No. 2785-14 - Carroll R. Kelly, et ux Azalea, Inc., a corporation _ Dear Mr. Biondo: In accordance with our previous communications with you, we have negotiated a settlement of the above-referenced matter, and same has been accepted by the Board of Directors of the Vista Sanitation District. On May 7, 1975 the Board authorized payment of the total of $102 for the easement in question. In order to complete the transaction and record the appropriate documents, it will be necessary for the City Council of the City of Carlsbad to accept said docu- ments. Further, please request your Clerk to forward the documents for recording by the San Diego County Recorder. For your information and the assistance of your Council, we have enclosed the following documents: 1. Memorandum to Manager, Vista Sanitation District, April 29, 1975. 2. Easement for Sewer Lines and Appurtenances. 3. Subordination of Interest. 4. Litigation Guarantee No. 981495 issued by Title Insurance & Trust Company. ". Access Agreement recorded February 24, 1975, File No. 75-041616. Cont'd..... "Vw"' Vincent Biondo, Jr., Esq. May 9, 1975 Page Two Title Insurance & Trust Company advises that it is pre- pared to issue a policy of title insurance to the easement acquired by the enclosed documents in favor of the Vista Sanitation District and the City of Carlsbad with the exceptions set forth in the Litigation Guarantee, except for items 7, 8 and B, which will be deleted from the exceptions, but with the addition of an exception for the effect of the enclosed Access Agreement. We do not believe that the latter is such as to interfere with the use of the sewer easement. If acceptable, please forward the Easement and Subordina- tion of Interest to your City Council for its consideration and acceptance, and subsequent recording. Thank you for your co-operation in this regard. If any questions arise, please do not hesitate to call. Yours very truly, PBP/jd PAUL B. PRESSMAN General Counsel att. April 29, 1975. TO: Manager, Vista Sanitation District RE: Vista Sanitation District and City of Carlsbad vs. Earl N. Frazee, No. 274034 - Parcel No. 2785-14 - Carroll R. Kelly, et ux — Daffodil,_ Inc. , Fuchsia. Inc. RECOMMENDATION: Accept EASEMENT FOR SEWER LINES AND APPURTENANCES executed by Carroll R. Kelly and Alice L. Kelly, owners, and SUBORDINATION OP INTEREST executed by Azalea, Inc., lessee, and authorize payment as follows: Carroll R. Kelly and Alice L. Kelly, owners $ 2.00 Azalea, Inc., lessee 100.00 Further*, direct staff to forward documents to City of Carlsbad for acceptance and recording. BACKGROUND: The Easement and Subordination of Interest '(necessary because of a long-term lease on the property) presented herewith relates to the last of the parcels to be acquired in connection with the construction of a main trunk sewer leading to the Buena Vista Pump Station. It is located at the southeast corner of Highway 78 and El Camino Real and was one of the parcels included in a condemnation action filed in 1963 entitled, "VISTA SANITA- TION DISTRICT AND CITY OF CARLSBAD V. FRAZEE, NO. 274034." At that point in the system, the sewer is owned jointly with the City of Carlsbad. The proportions of ownership are: Vista Sani- tation District 93%; City of Carlsbad 7%. The original parcel to be acquired contained 19,000 sq.ft. and was a upraised by the County staff in 1962 at $754.00. Such amou:.: is on deposit with the Court. Because of conveyances to tie State of California in the middle 60's and subsequent relinquishment of a portion thereof to the City of Carlsbad for street purposes, the only part remaining to be acquired is 'appr Airrately 50 ft. long and containing approximately 200 sq.ft. We have been successful in renegotiating the purchase price for the part to be acquired at $102.00. Cont'd.... Because of the long lapse of cime, the original condemnation act" to a is subject to dismissal on motion of the defendants or che court, and if dismissed, the District would be subject to a suit in inverse condemnation or be obligated to commence a new condemnation action. That would require an updated appraisal and the cost of same is estimated at far in excess of the acquisition cost proposed hereby. Therefore, we are rec ---unending acceptance of the proffered Easement and Sub- ordination of Interest at the renegotiated figure. The documents contain,one unusual provision of which you should be aware. The.owners and lessee have requested a right to connect to the sewer as has been granted in previous cases at other points in the line. Representatives of the City of Carlsbad, in which city .the land and easement lie, have indi- cated a favorable recommendation will be made thereon. There- fore, a provision has been, included in the documents permitting the owners and lessee to connect to the line at existing man- holes upon payment of the usual connection fees. ALTERNATE: Reappraisal of the property and filing a new condemnation action. This is not recommended since it would be far more costly than accepting the recommended settlement. FISCAL IMPACT: Payment of $102.00 of which 93% is the responsibility of the Vista Sanitation District and 7% is the responsibility of the City of Carlsbad. $754.00 is still on deposit with the Court and will be refunded upon request when the Easement and Sub- ordination have been recorded and authorized amounts paid. 'ENVIRONMENTAL ASSESSMENT: Exempt. NUMBER: E 75-68 >AUL B. PRESS APPROVED: ATTACxiilENTS: 1. Easement for Sewer Lines and Appurtenances 2. Subordination of Interest cc: Sanitary Engineer City Attorney, Carlsbad PBP/jd RECORDING REQUESTED BY: Vista Sanitation District •WHEN RECORDED MA^TO: "*"* Vista Sanitation district, - ** P.O. Box 188, Vista, California 92083. EASEMENT FOR SEWER LINES AND APPURTENANCES KNOW ALL MEN BY THESE PRESENTS: CARROLL R. KELLY and ALICE L. KELLY, husband and wife as joint tenants, the undersigned, here- inafter designated Grantor, owner of the hereinafter described lands, for and in consideration of TWO AND NO/xx DOLLARS ($2.00) in hand paid by the hereinafter designated Grantee, or on its behalf, and other valuable consideration the receipt of which monetary and other consideration is hereby acknowledged, does hereby grant and convey to the Vista Sanitation District, a County Sanitation District, and the City of Carlsbad, a municipal corporation, as tenants in common, herein designated Grantee, a perpetual easement and right of way upon, through, under, over and across the hereinafter described real property for the installation, construction, operation, maintenance, repair, replacement, and reconstruction of sewer pipe lines and mains, manholes, ^sewer lateral pipe lines, and all structures incident there- to, together with the perpetual right to remove buildings, structures, trees, bushes, undergrowth, flowers, and any other obstructions inter- fering with the use of said easement and right of way by Grantee, its successors or assigns. To have and to hold said easement and right of way unto itself and unto its successors and assigns forever. 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: All that portion of the Northeast Quarter of the Northwest Quarter of Section 32, Township 11 South, Range 4 West, S.B.M. in the County of San Diego, State of California, according to U.S. Government Survey approved April 5, 1881, lying within a strip of land 15.00 feet in width lying 7.50 feet each side of a center line described as follows: BEGINNING AT A POINT on the center line of Road Survey 925 (El Camino Real) according to Map thereof on file in the office of the County Surveyor of said County, distant thereon South 3°46'00" East, 241.50 feet from the inter- section of said center line with the center line of the County Highway Commission relocation of Route 14, Division 1, according to Map thereof on file in the office of said County Surveyor; thence North 76°42'12" East, 455.10 feet; thence North 33°10'19" East, 225.75 feet; thence North 77°17'15" East, 351.06 feet; thence South 87°20'00" East to a point in the North South center line of said Section 32, EXCEPTING therefrom that portion lying within Road Survey 925. The side lines of said 15.00 foot strip of land to be length- ened or shortened so as to terminate in the Easterly line of Road Survey 925 and in said North and South center line of Section 32, together with the right to enter upon, and to _ 2 - pass and repass, over, along and beside said easement and right of way and to deposit tools, implements and other materials thereon, by said grantee, its agents and employees, successors or assigns, or by any contractor, his agents and employees, engaged by said grantee, its successors or assigns, whenever and wherever necessary. Grantor shall have the right to connect to the trunk line at any existing manholes located within the above-described parcel. The cost of any such connection shall be paid by Grantor. The Grantor may at his own risk use the surface of the above described real property in a manner that will not interfere with or be detrimental to the use of said easement and right of way by Grantee, its successors and assigns, provided no trees shall be planted or grown thereon. The Grantor hereby covenants and agrees for himself, his heirs, executors, administrators, successors and assigns, that there shall not be constructed or maintained upon the above described real pro- perty or within said easement and right of way any building or struc- ture of any nature or kind that will interfere with the use of said easement and right of way by Grantee, its successors or assigns, or that will interfere with the ingress or egress along said easement by said Grantee, its successors or assigns. The Grantee hereby covenants and agrees for itself, its succes- sors and assigns, not to fence the above described real property or to prevent the Grantors, his successors or assigns, from crossing over said real property and agrees that the Grantor, his heirs, successors and assigns may enjoy the continued use of the surface of said real property herein described, subject to the conditions above stated; and the Grantee hereby covenants and agrees that after the installation of any pipe line by it in any excavation made by it in the above described easement and right of way it will backfill any such excavation made by it so as to fill said excavation as nearly as practicable to the level of the surrounding ground, and will replace any oiled, asphalt or concrete surface with like material and will replace any fence removed by it. (As used above, the term "grantor" shall include the plural as well as the singular number and the words "himself" and "his" shall include the feminine and neuter gender as the case may be.) •-> ?••/ ,'')••> //Executed this * day of ^/.V? i. (fll.S , 1975. CARROLL R. KELLY X x ,<?'' / ALICE L. KELLY / • . ,TO 4^7 C« (Individual) STATE OF CALIFORNIA COUNTY OF San Diego V..' > SS. On March 3, 1975 _-_ _l' •< STAPLE HERE<^ptp personally flpp<"ar's'l uarroj.1 R. Kelly and Alice L. Kelly to be the person s whose name are subscribed to the within instrument and acknowledged executed the same. WITNESS my hand and official seal. •— " ~> / ;' Signature -"'' *~-r •< •>*?• •' ~^Rose S . LaMon£e '--' ' that They ,\ - )i '''*' b , known to me . — *~*~~*~^-s^**~si*-.. .~-~- cv,-nr:iAL SEAL !j;-\;% ROSE S. LA MONTE "~~--.-."T!" NOTARY PUT1 1C- CALIFORNIA <$>Sv SAN DIEGO COUNTY -•^^^y My Commission Expires Sept. 18, 1976 Name (Typed or Printed) (This area for official notarial seal) RECORDING REQUESTEf^BY: \^ . v^-Vista Sanitation District. WHEN RECORDED MAIL TO: Vista Sanitation District P.O. Box 188 Vista, California 92083 SUBORDINATION OF INTEREST FOR AND IN CONSIDERATION of the sum of Seven Hundred Fifty-three and 95/100 Dollars ($753.95), and other valuable consideration, receipt whereof is hereby acknowledged, AZALEA, INC., a corporation, named in those certain documents entitled "LEAS3" , signed by Carroll R. Kelly and Alice L. Kelly , Lessor, and Bernard Citron , President, and John '.-I. Bartaan , Secretary of Azalea, Inc., a corpora- tion, Lessee, and dated Fsbruary 27, 1974- and recorded February 24., In75 , at Recorder's File/Page .r7$-OAl6l3, all of official records of the County of San Diego, State of California, covering the land described in the attached Easement for Sewer Lines and Appurtenances, which description is by this reference incorporated herein and made a part hereof, does hereby approve of, join in and con- sent to said Easement for Sewer Lines and Appurtenances, and agrees that the said documents and all terms, covenants and conditions therein are in all respects subject and subordinate to the said Easement for Sewer Lines and Appurtenances. The undersigned covenants and agrees to use the said land in accordance with the terms and conditions of the Easement for Sewer Lines and Appurtenances and not to do any act or suffer any omission which would result in a violation of the terms and conditions of the said Easement for Sewer Lines and Appurtenances. The undersigned further reserves, as a condition of execution of this Sub- ordination of Interest, the right to connect to the trunk line at any existing manholes located within the land described in the attached Easement for Sewer Lines and Appurtenances. The cost of any such connection shall be paid by the undersigned. Dated; /.^•-,Ctl /c~-, //"^' AZALEA, INC., a corporation / ' i / •/ z < , President t / .' / 'TBy ' Secretary \ TO 449 CA (5-73) , (Corporation) I 1 TTTUs INSURANCE ANDTRUST STATE OF CAUEORNIA V i* /"» COUNTY OF. A TKXW COMPANY SS, before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the „ . 'known to me to be known to me to be President, and. — Secretary of the corporatio executed the withinthe persons who Instrument on behalf of the corporation therein named, and acknowledged to me that inch corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. Signature '* I * in that executed the within Instrument, OFFICIAL SEAL MARJORIE J. PQNTECORWJ NOTARY PUBLIC - CAUfOSNIA PRINCIPAL OFFJC5 :N LOS ANGELES COUI.'iY My Commission Expires March 6, 1S7? Name (Typed or Printed) (ThU aru for offleiil notarial Mai)