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HomeMy WebLinkAbout1982-06-15; City Council; 6964-2; Purchase of County LandCIT JF CARLSBAD - AGENDA JILL 6964-#2 DEPT..CM TITLE: MTO 6-15-82MTG PURCHASE OF COUNTY LAND DEPT. HD CITY o UJ§ccOua. O O o 8 RECOMMENDED ACTION: Adopt Resolution No. 6? F ?7, accepting a grant deed from the County of San Diego for the purchase of real property. ITEK EXPLANATION: The City Council at its meeting of May 11, 1982, approved the purchase and sale agreement for the acquisition of 26 acres adjacent to Palomar Transfer Station. In order to proceed with the matter, it is necessary for Council to adopt a resolution accepting the grant deed. The resolution authorizes the City Clerk to complete the appropriate Certificate of Acceptance and attach it to the deed. At that point, the deed will be placed in escrow. FISCAL IMPACT; The fiscal impact remains as previously reported to the City Council on prior agenda bills. EXHIBITS: 1. Resolution Ho. (p£rC)'7, accepting a grant deed from the County of San Diego. 2. Copy of the Grant Deed from the County of San Diego. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 6897 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED FROM THE COUNTY OF SAN DIEGO FOR REAL PROPERTY PURPOSES. WHEREAS, the County of San Diego has submitted a Grant Deed conveying real property to the City of Carlsbad; said Deed No.. 832 is on file in the Office of the City Clerk and » • • . is incorporated by reference herein; and WHEREAS, the City Council of the City of Carlsbad has determined it to be in the public interest to accept said Deed; 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 Grant Deed conveying real property to the City of Carlsbad is .hereby accepted. 3. That the City Clerk is hereby authorized to cause the original Deed to be recorded in the Office of the County Recorder of San Diego County, State of California, with the appropriate Certificate of Acceptance attached. PASSED, APPROVED AND ADOPTED at a meeting of the Carlsbad City Council held on the 15 th day of June , 1982 by the following vote, to wit: ' . AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None f~ RONALD C. PACKARD, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Cler)k (SEAL) On May 11, 1982, Board Order No. 49, the Board of Supervisors set the hearing for the sale of Palomar Airport property to the City of Carlsbad, Parcel No. 82-0001-A, on May 25, 1982, at 10:00 a.m., and this being the time set for hearing, evidence being on file that due and proper notice has been given as required by law, the matter is now called up. No. 189 ' COUNTY"CONTRACT NO. 18499R ON MOTION of Supervisor Eckert, seconded by Supervisor Hamilton, the Board of Supervisors closes the hearing on consummation of purchase of real property. Parcel No. 82-0001-A, City of Carlsbad, Vendor, total price $2,000,000, being a 26.276 acre portion of Palomar Airport; finds the property no longer required for County use and surplus to County needs; finds sale categorically exempt from the environmental review process; waives Board Policy B-37, Use of Capital Outlay Fund; directs that the $2,000,000 received from the sale be deposited in the Airport Enterprise Fund; approves and authorizes exectuion of the Purchase and Sale Agreement; authorizes and directs the Chief Administrative Officer to take the necessary actions to complete the sale, contingent upon consent to sale by the Federal Aviation Administration. Roll call on the foregoing motion results in the following vote: AYES: Supervisors Hamilton, Fordem, Bates and Eckert NOES: Supervisors None ABSENT: Supervisor Hedgecock No. 190 ON MOTION of Supervisor Eckert, seconded by Supervisor Hamilton, the Board of Supervisors authorizes execution of the Grant Deed for the Palomar Sale, Parcel 82-0001-A,B,C , City of Carlsjaad, Vendor. Roll call on the foregoing motion results in the following vote: AYES: Supervisors Hamilton, Fordem, Bates and Eckert NOES: Supervisors None ABSENT: Supervisor Hedgecock STATE OF CALIFORNIA ) County of San Diego ) SS' I, PORTER D. CREMANS, Clerk of t.he Board of Supervisors of the County of San Diego, State of Ca1ifornia, -hereby certify that I have compared the foregoing copy with the original order adopted by said Board at a regular meeting thereof held May 25, 1982 , by the vote therein stated, which original order is now on file In my office; that the same contains a full, true and correct transcript therefrom and of the whole thereof. Witness my hand and the seal of said Board of Supervisors, this 25th day of May, 1982. PORTER D. CREMANS the Board o-^ Superv Is/ors -rurnble Deputy WHEN PtCOHDRC, PLEASE MAIL THIS.INSTRUMENT TO: CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 NO TRANSFER TAX DUE -SPACE ABOVE FOR RECORDER'S USE ONLY- Grant Deed Assessor's Parcel No. 60-166-82 Project Palomar Sale W. 0. No. TE2071 Parcel No.82-0001-A.B.C COUNTY OF SAN DIEGO For a valuable consideration do (es) hereby GRANT to the City of Carlsbad a Municipal Corporation all that real property in the County of San Diego, State of California described as follows: See Exhibit "A" for legal descriptions of parcels No. 82-0001-A, 82-0001-B, 82-0001-C, Avigation Easement reserved by grantor and covenants, conditions and restrictions, all as attached hereto and by this reference made a part hereof, and as shown for covenience sake on Exhibit "B" attached. 35.'5. 5/7? Parcel No. 82-0001-A ~ ,C Dated this 25th day »« May, COHNTY OF SAN DIEGO Clerk of the Board of Supervisors STATE OF \ County of J ss> On , 19: before me, the undersigned, a Notary Public in and for said County an date, personally appeared ; ; - Known to me to be the person whose name subscribed to the within instrumen and acknowledged that executed the same. Witness'my hand and official seal. Notary Public in and for said County and State STATE OF CALIFORNIA) ss COUNTY OF SAN DIEGO) On this ££*' day of /TLduS _ in the year /^,^<2>before me, ROBERT D. ZUMWALT, County Clerk arm ex -off icio Clerk of the Superior Court of the County of San Diego, personally appeared PORTER D. CREMANS, known to me to be the Clerk of the Board of Supervisors of said County, and known to me to be the person who executed the within instrument on behalf of said County, and acknowledged to me that such County executed the same. .'' ,, ROBERT D. ZUMWALT, County Clerk and ex-officio \ Clerk of the Superior Court B>T to (SEAL) ' ' - . Deputy This is to certify that the interest in real property conveyed by the foregoing deed or grant to the County of San Dteg a political corporation, is hereby accepted on behalf of the Board of Supervisors of said County of San Diego pursua to authority conferred by Resolution of said Board adopted on - , and the Grantee consents to recc dation thereof by its duly authorized officer. Dated. EXHIBIT "A" Parcel No. 82-0001-A (1-4-82) (WAR:RH:kb) All that portion of Lot "B" 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 said County November 16, 1896, lying within the land described in deed to said County of San Diego, recorded January 18, 1974, at File/Page No. 74-014190 in said Recorder's Office, described as follows: Commencing at the Northeasterly corner of said County of San Diego land; thence North 89°54'00" West, 23.41 feet to Point 14 of said Lot "B" as shown on said Map 823; thence along the boundary of said County land, South 54° 15'33" West, 326.48 feet; thence South 50°55'35" West, 1788.65 feet; thence South 01028'24" West, 787.30 feet to the TRUE POINT OF BEGINNING; thence continuing along said boundary, South 10°46'15" West, 1337.68 feet; thence leaving said boundary, South 79°13'45" East, 703.35 feet; thence North 30° 28'48" East, 900.00 feet; thence North 30°31'12" West, 800.00 feet; thence South 87°45'29" West, 491.59 feet to the TRUE POINT OF BEGINNING. Parcel No. 82-0001-B (2-12-82) (WAR:RH:kb) A non exclusive easement and right-of-way for road and utility purposes over, under, through and across all that portion of said Lot "B" of Rancho Agua Hedionda lying within a strip of land 48.00 feet wide, the sidelines of said strip lying 24.00 feet on each side of the following described centerline: Commencing at the most Southerly corner of that land described in parcel 1 of deed to Carlsbad Municipal Water District, recorded August 3, 1973 at File/Page No. 73-215694 in the San Diego County Recorder's Office, being also the most Southerly corner of that certain 6.459 Acre parcel shown on Record of Survey Map No. 7845 filed in said Recorder's Office on March 8, 1974; thence along the Southwesterly prolongation of the Southeasterly line of said 6.459 Acre parcel South 51°17' 15" West (Record North 51°25' 00" East per said R.O.S. 7845) 55.00 feet to a point on the centerline of El Camino Real, Road Survey 1800-1, a plat of which is on file in the Office of the County Engineer of said County; thence along said centerline South 38°42'45" East, (Record North 33°H' 55" West per said R.S. 1800-1) 141.28 feet to Engineers' Station 329+50.00 thereon, said point being the TRUE POINT OF BEGINNING; thence leaving said centerline North 37°5r42"East, 480.00 feet to the beginning of a tangent 350.00 foot radius curve, concave Westerly; thence Northerly along the arc of said curve through a central angle of 81°50' 49", a distance of 499.97 feet; thence tangent to said curve, North 43°59' 07" West, 172.23 feet to the beginning of a tangent 350.00 foot radius curve concave Easterly; thence Northerly along the arc of said curve through a central angle of 54°45' 22" a distance of 334.49 feet; thence tangent to said curve North 10°46' 15" East, 518.39 feet to a point on the Southeasterly line of Parcel No. 82-0001-A described above, said point being the POINT OF TERMINUS. Exhibit "A" (Continued) PARCEL NO. 82-0001-C Drainage Easement An easement for the right to construct drainage facilities and also to drain any portion of Parcel No. 82-0001-A over said easement, being a portion of Lot "B" of Rancho Agua Hedionda, Map No. 823, filed in the Office of the County Recorder of San Diego County, State of California, on November 16, 1896. Said easement being 20 feet wide, 10 feet on both sides of, measured at right angles to, the following described centerline. Commencing at Point 14 of said Lot "B" as described on said Map No. 823, thence South 54°15'33" West, a distance of 326.48 feet; thence South 50°55'35" West, a distance of 1788.65 feet; thence South 01°28'24" West, a distance of 787.30 feet, said point also being the most northwesterly corner of said parcel. Thence along the westerly boundary of said parcel, South 10°46'15" West, a distance of 1337.68 feet, said point also being the most southwesterly corner of said parcel. Thence along the southerly boundary of said parcel South 79°13'45" East, a distance of 703.35 feet, said point being the most southeasterly corner of said parcel. Thence along the most southeasterly boundary of said parcel, North 30°28'48" East, a distance of 150 feet more or less to the centerline of said drainage easement, said point being the TRUE POINT OF BEGINNING, and being a point on the arc of a 300 foot radius curve concave northeasterly. Thence southeasterly along the arc of said curve through a central angle of 34° OO'OO" a distance of 178.02 feet; thence tangent to said curve South 71° 01*12" East, a distance of 375.00 feet to the terminus of said easement. -EXHIBIT "A" Parcel No. 82-0001 .CONTINUED) Reserving to the County of San Diego, a political Subdivision of the State of California, hereinafter called "Grantor", an assignable easement and right-of-way for the use and benefit of the public, for the free and unobstructed passage of aircraft in, through, and across all the air space above a plane herein known as the Inner Horizontal Surface which is established at an elevation of 478.15 feet above Mean Sea Level based on North American Datum of 1929. TOGETHER with the continuing right to cause or allow in all the air space above the surface of Grantee's property such noise, vibrations, fumes, dust, fuel particles, and other effects as may be caused by or result from the operation of aircraft within said air space provided the operation is in compliance with appliable laws and regulations; it being understood and agreed that Grantor intends to maintain and develop Palomar Airport in such a manner that said airport and the easement reserved hereby will be used at all times and by every type of aircraft which is now in existence or which may be developed in the future for both commercial and noncommercial flights; and Grantee, for Grantee and the successors in interest and assigns of Grantee, does hereby fully waive and release those rights or causes of action relating to the use of the property described in this deed located below this easement, which they or any of them now have or may have in the future against Grantor, its successors and assigns, on account of or arising out of the reasonable, non-negligent operation of aircraft in said air space; Parcel No. 82-0001 EXI "IT "A" (CONTINUED) ALSO TOGETHER with the continuing right in the Grantor, its successors and assigns, to clear and keep clear any and all obstructions which encroach upon or extend into the hereinbefore described easement and right-of-way, and for such purpose, after reasonable notice to Grantee, to enter upon the surface of Grantee's property and cut and remove underbrush and soil and demolish, cut, lower, or remove buildings or any structures, or any bushes, trees, or other vegetation which are located on or extend into or over so much of the Grantee's property as lies below the easement and right of way herein granted, and together with the right of ingress to, egress from, and passage over Grantee's property for the purpose of effecting and maintaining such clearance as aforesaid. Provided, however, that Grantor or its successors and assigns shall before cutting, removing, demolishing or lowering any vegetation, soil or structure shall first demand that Grantee perform such cutting, removing, demolishing or lowering and allow Grantee reasonable time to perform. THE TERM "aircraft" is defined for the purposes of this Deed as any contrivance now known or hereafter invented, designed, or used for navigation or flight in air or space. UNLESS PRIOR APPROVAL IS GIVEN BY THE FEDERAL AVIATION ADMINISTRATION, (F.A.A.) or its successors and assigns, Grantee, for Grantee and the successors in interest and assigns of Grantee, covenants and agrees that neither they nor any of them will erect, or permit the erection of, any structure or object, or permit the growth of any tree or other vegetation, or allow any structure, object, tree or other vegetation to encroach upon or extend into said easement and right of way, and that neither they nor any of them will Pa-rcel 82-0001 EXK IT "A" (CONTINUED) hereafter use, or permit or suffer the use of Grantee's property in such manner as to create electrical interference with radio communication to or from any aircraft, or as to make it difficult for aircraft pilots to distinguish between airport lights and other lights or as to impair visibility in the vicinity of the airport, or as to otherwise endanger the landing, taking off, or maneuvering of aircraft. •Parcel 82-0001 EXHIBIT "B"